Workplace Injuries in Nebraska: When You Can Sue Beyond Workers' Comp

Most workplace injuries are handled through workers' compensation, which provides benefits without proving fault but limits what you can recover. In some situations, a separate third-party claim can provide additional, fuller compensation.

How Workers' Comp Works and Its Limits

Nebraska workers' compensation provides medical coverage and wage benefits for job injuries regardless of fault, but generally bars suing your employer directly.

It also doesn't compensate for pain and suffering, which can leave seriously injured workers under-compensated for their true losses.

When a Third Party Is Responsible

If someone other than your employer contributed to your injury — a negligent driver, a defective machine's manufacturer, a subcontractor, or a property owner — you may have a separate claim against them.

These third-party claims can recover the full range of damages, including pain and suffering, that workers' comp excludes.

Common Third-Party Scenarios

Examples include a delivery driver hurt by another motorist, a worker injured by defective equipment, or a contractor harmed by another company's negligence on a job site.

Identifying these additional responsible parties can significantly expand the available recovery.

Coordinating Both Claims

Pursuing a third-party claim alongside workers' comp involves coordination, including how any third-party recovery interacts with comp benefits already paid.

An attorney can manage this interplay to maximize your overall recovery. A free review can identify whether a third-party claim exists in your case.

This article is for general information about Nebraska law and does not constitute legal advice. Injury Claim Team is not a law firm; we connect injured Nebraskans with independent personal injury attorneys. For advice about your specific situation, consult a licensed Nebraska attorney.