FrankYounesLawyerReviews.comWhat Workers' Comp Benefits May I Be Entitled To?
If you were injured at work in Nebraska, you may be entitled to five distinct categories of benefits under the Nebraska Workers' Compensation Act. Most injured workers I meet know about one or two of them. The insurance company is not going to walk you through the rest.
Here is the full list, in plain English.
1. Medical Treatment — and You Have the Right to Choose Your Own Doctor
Workers' compensation pays for the medical care you need because of your work injury: doctor visits, surgery, physical therapy, prescriptions, and hospital care. There is no deductible and no co-pay to you — the carrier pays the medical bills directly.
Remember: you have the right to choose your own doctor. This is the single most important thing most injured workers never hear. Nebraska law gives you the right to select your treating physician — generally a doctor who has treated you or a member of your immediate family before the injury — if you designate that doctor properly when the injury is reported. Your employer is supposed to notify you of this right.
Why it matters so much: your treating doctor's opinions drive everything else in the claim — what treatment gets authorized, when you can work, what restrictions you carry, and what permanent impairment you're left with. A physician whose practice depends on insurance-company referrals faces pressures your own doctor does not. If you are early in a claim, ask about this before the choice is made for you.
2. Temporary Disability Benefits
If your injury leaves you unable to work, the insurance company must pay temporary disability benefits — wage replacement while you recover. In Nebraska these benefits generally pay two-thirds of your average weekly wage, after a short waiting period, and continue while you are off work under your doctor's restrictions.
If you can work but only in a reduced capacity — fewer hours, lighter duty, less pay — you may be entitled to temporary partial disability benefits covering part of the difference.
Two things worth watching closely. First, how your average weekly wage is calculated matters enormously, because every check and every later permanency award is built on that number; overtime, the averaging method, and in some situations a second job all affect it. Second, carriers sometimes stop these checks without warning. If your benefits stop, respond immediately — do not wait to see whether they resume.
3. Medical Mileage
You are entitled to be paid for the miles you drive to get medical care for your work injury (Neb. Rev. Stat. § 48-120). This benefit is real money and it is routinely left unclaimed — injured workers simply never learn it exists.
The rate is set by the Nebraska Workers' Compensation Court and tracks the state rate; as of January 1, 2026 it is 72.5 cents per mile. Over months of physical therapy two or three times a week, plus surgical consults and follow-ups, that adds up quickly.
Keep a simple log from day one: date, where you went, and round-trip miles. A notebook in the glove box is enough. Submit it for payment rather than assuming the carrier is tracking it for you — it is not.
4. Vocational Rehabilitation
If your injury leaves you with permanent restrictions and you cannot return to the job you had, you may be entitled to vocational rehabilitation: a vocational counselor who helps you find suitable new work, or job training so you can return to the workforce in a role your body can actually handle.
This is one of the most valuable benefits in the entire system — and one of the least advertised, because it is expensive for the carrier. Workers who never ask are frequently never told. If a doctor has given you permanent restrictions that rule out your old job, ask about vocational rehabilitation specifically.
5. Permanent Disability Benefits
If your injuries result in permanent impairment or permanent restrictions, you may be entitled to payments compensating you for that permanency — separate from, and in addition to, the wage benefits you received while you were off work.
These benefits turn on a permanent impairment rating and, in more serious cases, on how the injury affects your ability to earn a living going forward. Where the injury ends a career, the analysis can extend to permanent total disability. Impairment ratings are also one of the most commonly low-balled figures in a claim — a rating from a doctor selected by the carrier and a rating from your own treating physician are frequently very different numbers, and the difference can be worth tens of thousands of dollars.
What Workers' Comp Does Not Pay — and the Claim Most Workers Miss
Workers' compensation pays no compensation for pain and suffering, and replaces only two-thirds of your wages. For a serious injury, that gap can be devastating.
But comp is only the exclusive remedy against your employer. If someone else contributed to your injury — a subcontractor, a negligent driver who hit you while you were working, the manufacturer of a defective machine, a property owner who ignored a hazard — you may also have a separate personal injury claim that pays everything comp does not, including pain and suffering and your full wage loss. My work injury practice handles both sides together, because the two claims interact.
Deadlines
Give your employer written notice of the injury as soon as practicable, and know that claims generally must be filed within two years of the accident or of the last payment of benefits (Neb. Rev. Stat. § 48-137). Both clocks are shorter than people expect.
Frequently Asked Questions
Can I really choose my own doctor for a work injury in Nebraska?
Yes. Nebraska law gives injured workers the right to select their treating physician — generally a doctor with a prior treatment history with you or your immediate family — when the injury is reported. Employers are supposed to notify you of this right, and many workers are never told.
How much does workers' comp pay while I'm off work?
Temporary disability benefits generally pay two-thirds of your average weekly wage after a short waiting period. How your average weekly wage is calculated — including overtime and, in some situations, a second job — has a major effect on that number and on every later award.
Does workers' comp pay for my mileage to doctor appointments?
Yes, under Neb. Rev. Stat. § 48-120 you're entitled to mileage for travel to get medical care for your work injury. The rate is set by the Nebraska Workers' Compensation Court and is 72.5 cents per mile as of January 1, 2026. Keep a log — this benefit often goes unclaimed.
What is vocational rehabilitation and how do I get it?
If permanent restrictions prevent you from returning to your old job, you may be entitled to a vocational counselor who helps you find new work or obtain job training. It's valuable, expensive for the carrier, and rarely volunteered — ask about it specifically if you have permanent restrictions.
Does workers' compensation pay for pain and suffering?
No. Nebraska workers' compensation pays medical care, partial wage replacement, mileage, vocational rehabilitation, and permanency benefits — but nothing for pain and suffering. That's why identifying any third-party claim alongside your comp case matters so much.
How long do I have to file a Nebraska workers' compensation claim?
Written notice to your employer should be given as soon as practicable, and claims generally must be filed within two years of the accident or of the last benefit payment (Neb. Rev. Stat. § 48-137).
Find Out What You're Actually Owed
Most injured workers are receiving some of these benefits and not others — and no one at the insurance company is going to point out the difference. I've recovered more than $23,000,000 for injured Nebraskans, including a $1,050,000 workers' compensation settlement and a $100,000 forklift injury settlement, and my firm was voted Best of Omaha for personal injury law in 2025 and 2026.
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