5 Things You Can’t do if You’re Releasing Liability for a Workers’ Comp Claim in Nebraska

Simply Forms

When an injured worker and the employer or carrier decide to a release of liability in Nebraska, before the parties can ink the deal, they must file a release of liability form (a blank copy of which can be found on Simply Research). However, the release can't be filed if:

(1) The employee is not represented by counsel.

(2) At the time the settlement is executed, is eligible for Medicare, is a Medicare beneficiary, or has a reasonable expectation of becoming eligible for Medicare within 30 months after the date the settlement is executed.

(3) Medical, surgical, or hospital expenses incurred for the alleged injuries have been paid by Medicaid and Medicaid will not be reimbursed as part of the settlement.

(4) Medical, surgical, or hospital expenses incurred for treatment of the alleged injuries will not be fully paid as part of the settlement.

(5) The settlement seeks to commute amounts of compensation due to dependents of the employee.

What rights do employees waive when settling their claim?

(1) The right to receive weekly disability benefits, both temporary and permanent.

(2) The right to receive vocational rehabilitation services.

(3) The right to receive future medical, surgical, and hospital services under Neb. Rev. Stat. Sec. 48-120.

(4) The right to ask a judge of the compensation court to decide the parties rights and obligations.

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