Denied Workers' Comp Claims in Nebraska — Your Options
What to do when your Nebraska workers' compensation claim is denied, including dispute resolution and appeals.
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Having your workers' compensation claim denied does not mean you have no options. In Nebraska, you have the right to challenge a denial §48-173; §48-177.
Common Reasons for Denial
Claims are frequently denied for these reasons:
1
Late notice to employer (must be within As soon as practicable after the happening of the injury) §48-133
2
Dispute over whether the injury is work-related
3
Pre-existing condition arguments
4
Missed medical appointments or non-compliance with treatment
5
Filing deadline expired (2 years from date of accident or last payment of compensation) §48-137
The Dispute Resolution Process
Petition filed with the Nebraska Workers' Compensation Court; heard by a single judge §48-173; §48-177.
Appeals
Review panel of the Workers' Compensation Court (three judges), then appeal to Nebraska Court of Appeals.
Independent Medical Examination (IME)
Employer may require employee to submit to an IME at reasonable intervals §48-134. The IME results can significantly impact your claim.
⚠If the insurer requests an IME, you must attend. Failure to appear can result in suspension of benefits.
✓Before attending an IME arranged by the insurer, consult with an attorney. You have the right to have your own medical evidence reviewed and considered.
Prepare for Your Consultation
Quick checklist (Workers’ Compensation)
Gather these before your first consultation.
Incident report
(employer report, date/time of injury)
Medical records
(doctor visits, diagnoses, treatment plans)
Wage documentation
(pay stubs, tax returns, employment records)
General preparation tips only. Specific needs depend on your state and claim type.
No Obligation
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Common Questions
Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
