Injured in the Line of Duty: Workers’ Compensation Rights for Nebraska’s First Responders

Not long ago, the news carried yet another story of a local first responder injured on the job — a police officer hurt in an incident that required the use of deadly force. These situations are happening more and more. And while the use of deadly force is its own hot-button topic, that debate isn’t what we want to focus on here. We want to focus on something that often gets lost in the headlines: what happens to the officer who is forced into that situation and is seriously injured in the process. Those injuries can be profoundly traumatic, and the people who suffer them have a right to be protected and compensated for what they’ve been through.

We’ve represented many first responders injured on the job who had workers’ compensation claims to recover for their injuries. We see police officers hurt trying to apprehend armed assailants, struck by vehicles, or caught in serious accidents. The physical injuries — including being shot in the line of duty — can be significant, permanent, and slow to heal. Nebraska law allows these individuals to be paid during their time off work and to receive proper medical treatment while they recover.

Here is where injured first responders often run into trouble. When it comes time to determine how permanent an injury really is, we frequently find ourselves dealing with insurance companies or municipal claims adjusters who try to minimize legitimate injuries in order to reduce the compensation that is genuinely owed.

That is exactly the kind of pushback an experienced attorney is there to handle. It is vital to know your doctors and make sure they are on your side, and to hold claims adjusters accountable to follow the law and provide every benefit owed — rather than letting them shortchange a serious claim.

Not every injury a first responder carries home is physical. The nature of the work means officers and other responders are regularly exposed to traumatic events, and some develop serious mental injuries — including post-traumatic stress — that can make returning to the job difficult or impossible.

Importantly, Nebraska is one of the states that recognizes this. Under Nebraska’s workers’ compensation law (Neb. Rev. Stat. § 48-101.01), a first responder can recover benefits for a mental injury or illness even when there is no accompanying physical injury — provided the responder shows that the conditions causing the injury were extraordinary and unusual compared to the normal conditions of the job, and establishes the medical connection between the trauma and the condition. In other words, the law takes psychological injuries from the job seriously, not just the visible ones.

• Temporary or permanent disability benefits, including wage replacement while you heal.
• Coverage of your medical expenses and necessary treatment.
• An honest determination of your real permanent restrictions — not a minimized one.
• Reasonable accommodations or even home modifications where your injuries require them.
• Compensation for the loss of your livelihood, or of the ability to have a full and fulfilling career

First responders put their lives on the line every day, and they deserve to be treated with respect — especially by the insurance companies and claims adjusters handling their injuries. When they aren’t, there are attorneys who will fight to make sure they receive everything they are owed. To every firefighter, paramedic, EMT, officer, deputy, and trooper: thank you for what you do.

If you are a first responder who was injured on the job and you’re facing an adjuster who won’t treat your injury fairly, the attorneys at High & Younes can help. Consultations are free, and we commonly handle these cases on a contingency fee — no upfront cost to you. Call or text us today at 402-933-3345.