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Nebraska Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Nebraska on
Q: If I dont agree to settle my WC case, how is my attorney compensated. They work on contingency? Is there an accounting?

I have been declared total permanently disabled. And recieve a weekly payment.

Julie Fowler
Julie Fowler answered on Dec 9, 2019

In a contingent fee case, the attorney is generally paid either from the settlement or from the award at trial. If the matter goes to trial and no compensation is awarded, then the attorney would not be paid attorney fees, although the client might still be responsible for some court costs (expert... Read more »

1 Answer | Asked in Workers' Compensation for Nebraska on
Q: Can a lawyer ask a doctor directly if a case is work-related for workman's comp Court
Peter N. Munsing
Peter N. Munsing answered on Nov 29, 2016

They can and at some point will want to but if they don't know what the answer will be don't want to just do it and have the doctor say "it's not related." You should contact a member of the Nebraska Assn of Trial Attorneys who handles workers compensation if you don't already have a lawyer.

1 Answer | Asked in Workers' Compensation for Nebraska on
Q: I just went to workers comp court was denied because I didn't ask MD until after court and he expressed that it was

If it wasn't completely diagnosed until after the court date can I do an appeal on the case

Peter N. Munsing
Peter N. Munsing answered on Nov 29, 2016

Talk to a member of the Nebraska Assn of Trial Attorneys who handles workers comp ASAP--they give free consults.

1 Answer | Asked in Workers' Compensation for Nebraska on
Q: Can a worker be replaced while on medical leave ?

An employee while on leave was told he will probably need to get better sooner. The company will need to train others if he's not back soon. This sounds like the employer is threatening his job due to his disability.

Jeffrey Lapin
Jeffrey Lapin answered on Mar 6, 2013

Workers' compensation does not protect an employee job while he or she is recovering and is on "medical leave." However, there might be other laws, which are beyond the scope of workers' compensation law, that might protected an injured worker's job such as the Family and Medical Leave Act (FMLA).... Read more »

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