Today’s post comes from guest author Rod Rehm, from Rehm, Bennett & Moore.
In Nebraska, an injured worker who is laid off, fired or leaves a job for good cause can collect unemployment benefits and still receive Temporary Partial Disability (TPD) benefits and Permanent Partial Disability (PPD) benefits from the workers’ compensation insurance company. The Nebraska Labor Department unemployment law does not allow a worker to receive unemployment during the same week the person is paid Temporary Total Disability (TTD) workers’ compensation payments.
To receive unemployment benefits, the injured worker must be ready, willing and able to work. As long as injured worker is ready, willing and able to work within one’s own restrictions, that worker can receive unemployment benefits during the same week that they are entitled to TPD and PPD benefits.
If a person is totally unable to work and getting TTD benefits, that person cannot receive unemployment benefits since they, by definition, are not ready, willing and able to work.
Under the workers’ compensation laws, it is also important to remember that compensation benefits cannot be offset with what is paid under the unemployment benefits. For guidance, please refer to Nebraska Statute 48-130 that supports this rule of law.
If you have been laid off or terminated, you are still entitled to workers’ compensation benefits in the above situations.
If you have any questions, call us for a free consultation.
Most of us know that, for both professional reasons and in the interest of safety, remaining sober while on the job is essential. However, it is important to also recognize that workers who are intoxicated at the time that they sustain a work injury stand a far lower chance of ever collecting workers’ compensation.
If the blood test shows the presence of alcohol or drugs, odds that the employee will be able to collect workers’ compensation are much lower.
This is because of the intoxication defense: if an employer can prove that intoxication was the cause of the workers’ injury, then they employer is not required to provide workers’ comp for that injury.
Now, there are some notable Continue reading
Computation for your TTD benefits should reflect not only your basic salary but also overtime, tips, incentives, hazard pay, and other payments that you would typically receive each week.
Today’s post is from my colleague Brody Ockander of Nebraska. Note that Iowa law is slightly different from Nebraska law. Iowa law entitles an injured worker to approximately 80% of take-home pay (instead of 2/3 in Nebraska) for the time off work because of a work injury. That rate is based on an average of wages for the 13 weeks (instead of 26 weeks in Nebraska) before injury.
In Nebraska, workers’ compensation law entitles you to 2/3 of your average wages when you are off work because of an injury. This average is based on your wages the 26 weeks before you were injured. This is known as temporary total disability (TTD).
How TTD Works:
If you are an injured at work, you are entitled to TTD so long as you are under a doctor’s care, that doctor has you on work restrictions preventing you from working, and your doctor has not placed you at maximum healing for your injury.
While off work for your injury, make sure you are getting the proper amount of money you are entitled to. Employers use many techniques to manipulate your wages to pay you less than you are legally entitled to.
Improper ways your Employer “miscalculates” your average wages to pay you less:
- Including weeks you worked Continue reading