The Nebraska Legislature enacted a state-wide system for resolving claims of work-related injuries and illnesses in 1913. Administration of what eventually became known as the Nebraska Workers’ Compensation Act was transferred to the Nebraska Judicial Branch in 1935 with a newly established three-judge court of specialized jurisdiction. The Nebraska Workers’ Compensation Court is currently composed of six judges who hear disputed cases throughout the state. The court’s authority and responsibilities are described in Chapter 48, Article 1, of the Revised Statutes of Nebraska (cited as NEB. REV. STAT. § 48-152).
The mission of the Nebraska Workers’ Compensation Court is to administer and enforce all provisions of the Nebraska Workers’ Compensation Act. Court personnel rely upon core values to accomplish this mission. Common goals include ensuring respectful, fair, and equal access to justice as well as maintaining integrity built on a foundation of service, trust, impartiality, excellence, and compassion.
Court personnel are organized into two operating divisions and eight operating sections. The Adjudication division, under the direction of the presiding judge, includes the judges and the Office of the Court Clerk. The Administration division, under the direction of the court administrator, includes the remaining sections: Accounting and Finance; Human Resources; Legal; Regulatory Programs; Vocational Rehabilitation; Public Information; Information Technology. The presiding judge is charged with overall responsibility for the functioning of the court, and the court administrator serves as its chief administrative officer.
Six judges serve on the Nebraska Workers’ Compensation Court. The judges resolve disputes about injuries that are claimed to have been caused by workplace accidents or diseases. Judges of the court determine whether injuries or occupational diseases were caused by accidents or exposures at work, and if so, the types and amounts of benefits injured workers should receive. Select this link for more infomation about our judges.
The Office of the Clerk of the Court (the Clerk’s office) receives and processes filings, dockets cases, issues summonses, corresponds with the parties, schedules trials and motion hearings, keeps a full and true record of the judicial proceedings, issues all necessary notices and writs, issues opinions, provides administrative and secretarial support for the judges, and evaluates procedures used by other state courts to ensure consistency and create efficiencies.
The Accounting and Finance section is responsible for the business and financial functions of the court. The section administers the second injury program, which provides workers’ compensation benefits to qualified workers with a preexisting disability in addition to a work injury occurring before December 1, 1997. Also, this section pays vocational rehabilitation training costs for injured workers in approved plans developed to return them to suitable work. Under federal grants, the section conducts a survey of work-related injuries and illnesses and a data collection program as to fatal workplace injuries sustained in the State of Nebraska.
The Legal section reviews settlement applications for adequacy and compliance with the Nebraska Workers’ Compensation Act (the Act); conducts mediation conferences to facilitate informal resolution of disputes; informs injured workers, employers, and others about the Act; performs legal research for the judges; provides legal advice to court staff; monitors legislation for potential impact on the workers’ compensation system; and manages the court’s access to public records process, assists in the court’s records and information management, and the records retention schedule.
The Vocational Rehabilitation section maintains the Vocational Rehabilitation Program, which exists to restore injured employees to gainful employment following an injuries arising out of and in the course of employment. This section is responsible for the following functions.
reviewing, implementing, and monitoring vocational rehabilitation plans;
appointing counselors to cases when the parties cannot agree;
recruiting, certifying, and maintaining a directory of vocational rehabilitation counselors and job placement specialists; and
monitoring expenditures from the Workers' Compensation Trust Fund.
The Human Resources section is responsible for the personnel functions of the court. The section facilitates personnel policy development, hiring, onboarding, benefits, and ongoing educational efforts for each division and section of the court.
The Regulatory Programs section has responsibilities in four distinct areas.
Electronic Data Interchange (EDI) is the process through which the court receives and processes reports of injuries and benefit payments.
Compliance activities include enforcing insurance coverage requirements as well as claims handling and reporting obligations of insurers and self-insured employers.
Medical services activities include revising and maintaining schedules of medical and hospital fees, administering the independent medical examiner program, certifying and monitoring managed care plans, and responding to inquiries related to medical issues.
Self-insurance activities include reviewing applications for self-insurance approval, monitoring the financial status and payroll records of self-insured employers, and collecting fees and assessments from self-insured employers.
The Public Information section responds to requests for records and information, supports the court’s toll-free telephone information line, maintains its website, and prepares its publications and forms. The section also supports the court’s records and information management functions and manages its Business Continuity program.
The Information Technology section is responsible for the security and maintenance of the computer network, programs, and databases of the court. The section develops and maintains the court’s desktop and Internet systems; develops computer programs and applications; coordinates information technology activities with the Supreme Court, state agencies, and vendors; and assists other court sections in performing their statutory responsibilities and creating efficiencies through the use of technology.