Nebraska Workers' Compensation Laws

Compensation for the first 7 days of disability is not paid unless disability lasts 6 weeks or more, at which point the first 7 days are compensated retroactively.

The Act applies to all employers in Nebraska employing one or more employees. Coverage extends to employees of private industry, state and local government, part-time employees, minors, and employees of charitable organizations. Employers must obtain private insurance or be authorized to self-insure. Very limited exceptions exist.

TTD rate: 66 2/3% of the employee's average weekly wage based on the 26 weeks prior to injury. Maximum weekly benefit: $1,166.00 (effective Jan 1, 2026). Benefits continue until the employee returns to work or reaches maximum medical improvement. 7-day waiting period; retroactive if disability exceeds 6 weeks.

The employer may select the treating physician. However, the employee has the right to choose a family physician who has maintained the employee's medical records and has a documented history of treatment with the employee (or an immediate family member) prior to the injury. If the employee fails to exercise this right within the timeframe set by the court after employer notice, the employer selects the physician. In cases requiring dismemberment or major surgery, the employee may designate the surgeon.

Employers cannot terminate or discipline employees solely for filing a valid workers' compensation claim. Nebraska recognizes retaliatory discharge as actionable. The employer must pay all reasonable medical expenses causally related to the workplace injury.

PPD benefits are based on scheduled losses (specific body parts have statutory compensation periods) or loss of earning capacity for unscheduled injuries. The court considers the worker's age, education, experience, training, and capacity for similar employment.