2026 Edition
Free Resource Guide

Nebraska Workers'
Compensation
Benefits Explained

A complete guide to the benefits Nebraska law provides to injured workers — medical coverage, wage replacement, permanent disability, vocational rehabilitation, and more. Know your rights. Protect your claim.

Johnson Tabor & Johnson Law, LLC
11932 Arbor Street, Suite 101, Omaha, NE 68144
website@JohnsonTabor.com • johnsontabor.com
(402) 506-4444

Inside This Guide

Nebraska's workers' compensation system provides several categories of benefits to injured workers. This guide explains each one in plain language.

01

Medical Benefits

Full coverage for all reasonable and necessary treatment, your right to choose a doctor, and IMEs

02

Temporary Total Disability (TTD)

Wage replacement when you cannot work at all during recovery

03

Temporary Partial Disability (TPD)

Wage replacement when you return to work in a reduced capacity

04

Permanent Partial Disability (PPD)

Compensation for lasting impairments — scheduled injuries vs. whole body injuries

05

Permanent Total Disability (PTD)

Lifetime benefits for workers permanently unable to return to the workforce

06

Vocational Rehabilitation

Job retraining and placement when you can't return to your previous job

07

Death Benefits

Compensation and burial expenses for surviving dependents

08

2026 Benefit Rates & Protecting Your Rights

Current rates, fighting denials, and how our firm helps

09

Frequently Asked Questions

Answers to the most common questions about Nebraska workers' comp benefits

From attorneys who know the other side: Our senior partner spent over 40 years defending insurance carriers. We know how they evaluate claims, minimize payouts, and deny valid benefits. Now that knowledge works for you.
Nebraska Workers' Compensation Benefits ExplainedJohnson Tabor & Johnson Law • (402) 506-4444

Section 01

Medical Benefits

Nebraska workers' compensation covers all reasonable and necessary medical treatment related to your work injury. Unlike health insurance, there are no deductibles, co-pays, or out-of-pocket costs.

Your employer or its workers' compensation insurer is responsible for paying your medical expenses from the date of injury. There is no waiting period for medical care.

Covered Medical Treatment

◉ Treatment & Surgery

Doctor visits, ER care, surgery, hospitalization, specialist referrals

◉ Therapy & Rehab

Physical therapy, occupational therapy, rehabilitation programs

◉ Medications

Prescription drugs, injections, pain management

◉ Diagnostic Imaging

X-rays, MRIs, CT scans, EMGs, nerve studies

◉ Devices & Equipment

Prosthetics, braces, crutches, durable medical equipment

◉ Mileage

Reimbursement for travel to medical appointments at 72.5¢/mile (2026)

Your Right to Choose a Doctor

Nebraska law allows you to receive treatment from a physician with whom you have an established relationship — either personally or through your family. This is important because employers and insurers often try to direct you to company-selected physicians who may minimize the severity of your injury.

Key Form — Form 50 (Choice of Doctor): Your employer must provide this at the time of injury. It protects your right to choose your own treating physician. If you don't make a selection, your employer picks for you.

Independent Medical Examinations (IMEs)

The insurance carrier may require you to see their chosen doctor for a second opinion — an independent medical examination. If the IME doctor disagrees with your treating physician, your benefits may be denied or reduced. IME opinions frequently favor the insurance company.

⚠ Warning: An unfavorable IME can derail your entire claim. An experienced attorney can challenge IME findings and present counter-evidence to protect your treatment and benefits.
Nebraska Workers' Compensation Benefits ExplainedJohnson Tabor & Johnson Law • (402) 506-4444

Section 02

Temporary Total Disability (TTD)

If your work injury prevents you from working entirely while you recover, you are entitled to temporary total disability benefits.

Benefit Rate: 66⅔% of your average weekly wage (AWW) before the injury

How AWW Is Calculated: Based on wages during the 26 weeks prior to injury. Overtime included at straight-time rates.

2026 Maximum Weekly Benefit: $1,166.00

The Seven-Day Waiting Period

TTD benefits do not begin until you have been unable to work for seven calendar days. Benefits begin on day eight. If disability lasts six weeks or more, the first seven days are paid retroactively. Medical benefits begin immediately — no waiting period.

TTD continues until you are released to return to work or reach maximum medical improvement (MMI).

Section 03

Temporary Partial Disability (TPD)

If you return to work in a limited capacity — reduced hours or a lower-paying role — and earn less than your pre-injury wages, you may receive temporary partial disability benefits.

Benefit Rate: 66⅔% of the difference between your pre-injury AWW and your post-injury earnings

Example: Pre-injury AWW of $900/week, light-duty pay of $500/week = TPD benefit of ~$267/week

Maximum Duration: 300 weeks

Light Duty Trap: Insurers sometimes pressure employers to offer light-duty positions specifically to reduce your TPD benefits. If the job doesn't match your restrictions, talk to an attorney.
Nebraska Workers' Compensation Benefits ExplainedJohnson Tabor & Johnson Law • (402) 506-4444

Section 04

Permanent Partial Disability (PPD)

Once your doctor determines your condition has stabilized — maximum medical improvement (MMI) — you may be entitled to permanent partial disability benefits for lasting impairments.

Nebraska law distinguishes between scheduled member injuries and whole body injuries.

Scheduled Member Injuries

Specific body parts listed in the statute. A physician assigns an impairment rating (AMA Guides). Benefits = impairment % × weeks assigned to that body part × 66⅔% of AWW.

Body PartMax WeeksBody PartMax Weeks
Arm (at/above elbow)225Shoulder225
Hand175Foot150
Leg (at/above knee)215Eye125
Thumb60Hearing (one ear)50
Index finger35Nose50
Middle finger30Ear25
Ring finger20Great toe30
Little finger15Other toes (each)10
Calculation Example: A 10% impairment rating to the shoulder = 10% of 225 weeks = 22.5 weeks of benefits at 66⅔% of your AWW.

Whole Body Injuries (Loss of Earning Capacity)

Injuries to body parts not on the schedule — head, neck, back, internal organs — are compensated based on your loss of earning capacity. The court considers age, education, work history, restrictions, and the labor market. Limited to 300 weeks.

If you sustain injuries to multiple scheduled body parts in the same accident, Nebraska law may allow them to be treated as a whole body injury.

Nebraska Workers' Compensation Benefits ExplainedJohnson Tabor & Johnson Law • (402) 506-4444

Section 05

Permanent Total Disability (PTD)

If your injury is so severe you are permanently unable to return to the workforce, you may receive lifetime benefits at 66⅔% of your AWW.

Certain injury combinations automatically qualify: total loss of both hands, both arms, both feet, both legs, both eyes, hearing in both ears, or any two in the same accident.

In other cases, you may qualify as an "odd-lot" worker — someone who, while not completely incapacitated, is no longer employable in any well-known branch of the labor market. PTD cases can be settled for the present value of the lifetime obligation.

⚠ High Stakes: PTD cases involve the largest potential benefits in workers' comp. Experienced legal representation is critical — the insurance company will fight these claims aggressively.

Section 06

Vocational Rehabilitation

If permanent restrictions prevent you from returning to your previous job, Nebraska law provides vocational rehabilitation services.

◉ Job Retraining

New skills training for alternative employment

◉ Education

Additional education or certification programs

◉ Job Placement

Professional assistance finding suitable work

◉ Skills Analysis

Assessment of transferable skills and options

Insurance carriers often resist providing vocational rehab or try to limit its scope. An attorney can ensure you receive the full range of services you're entitled to.

Section 07

Death Benefits

When a worker dies from a work-related injury or occupational disease, benefits are provided to surviving dependents.

66⅔%
of AWW to
Surviving Dependents
$11,900
Maximum
Burial Expenses

Benefits continue to a surviving spouse until death or remarriage. Children receive benefits until age 19, or up to 25 if enrolled in an accredited educational institution.

Nebraska Workers' Compensation Benefits ExplainedJohnson Tabor & Johnson Law • (402) 506-4444

Section 08

2026 Benefit Rates & Protecting Your Rights

Current Nebraska Workers' Comp Rates

Effective January 1, 2026. Rates are updated annually by the Nebraska Workers' Compensation Court.

$1,166
Maximum Weekly
Income Benefit
72.5¢
Mileage
Reimbursement/Mile
$11,900
Maximum
Burial Benefit

The rate that applies to your claim is generally based on the date of your injury. If your wages are less than the minimum weekly benefit, you receive your full weekly wages as compensation.

Protecting Your Benefits

Being legally entitled to benefits does not mean the insurance carrier will pay willingly. Employers and insurers routinely:

✕ Deny valid claims

Disputing causation, blaming preexisting conditions

✕ Delay treatment

Slow-walking approvals and authorizations

✕ Pressure early return

Pushing you back to work before you're ready

✕ Use biased IMEs

Sending you to doctors who minimize your injury

If your claim is denied, Nebraska Workers' Compensation Court offers free mediation. If that fails, you can file a formal petition. You have the right to hire an attorney at any time.

Why Our Background Matters: Our senior partner spent over 40 years defending insurance carriers. He knows exactly how the other side evaluates, delays, and disputes claims. At Johnson Tabor & Johnson, that experience now works for you. Free consultation — no fee unless we win.
Nebraska Workers' Compensation Benefits ExplainedJohnson Tabor & Johnson Law • (402) 506-4444

Section 09

Frequently Asked Questions

Answers to the most common questions about Nebraska workers' compensation benefits.

How much does workers' comp pay in Nebraska?
Workers' compensation generally pays 66⅔% of your average weekly wage for temporary total disability and permanent total disability benefits. For 2026 injuries, the maximum weekly benefit is $1,166.00. The exact amount depends on your pre-injury wages and the type of benefit.
What medical treatment does Nebraska workers' comp cover?
All reasonable and necessary medical treatment related to your work injury: doctor visits, surgery, hospital stays, prescriptions, physical therapy, diagnostic imaging, and medical devices. No deductibles or co-pays — your employer's insurer pays the full cost.
How long do I wait before receiving wage replacement?
There is a seven-day waiting period. Benefits start on day eight. If disability continues six weeks or more, you're retroactively paid for the first seven days. Medical benefits begin immediately.
What is the difference between a scheduled and whole body injury?
A scheduled injury involves a body part listed in the statute (hand, arm, foot, leg, eye) and is compensated based on an impairment rating. A whole body injury involves unlisted parts (head, neck, back) and is compensated based on loss of earning capacity.
Can I choose my own doctor?
Yes. Nebraska law allows treatment from a physician with whom you have an established relationship. Your employer must provide a Form 50. However, insurers frequently try to direct your care to their preferred providers.
What are vocational rehabilitation benefits?
Vocational rehabilitation helps workers who can't return to their previous job due to permanent restrictions. Services include job retraining, education, job placement, and transferable skills analysis.
What happens if my claim is denied?
You can challenge the denial through the Nebraska Workers' Comp Court's free mediation process. If that fails, you file a formal petition. An experienced attorney significantly improves your chances.
What is maximum medical improvement (MMI)?
MMI is the point where your condition has stabilized and is not expected to improve significantly with further treatment. At MMI, your physician assigns an impairment rating used to calculate permanent disability benefits. This determination is critical and can be disputed.
Nebraska Workers' Compensation Benefits ExplainedJohnson Tabor & Johnson Law • (402) 506-4444
Attorneys at Law
(402) 506-4444
johnsontabor.com
website@JohnsonTabor.com

11932 Arbor Street, Suite 101
Omaha, NE 68144
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This guide is for informational purposes only and does not constitute legal advice.
Every case is different. Contact an attorney for advice specific to your situation.