Workers' Compensation Definitions

These definitions are commonly used terms in workers’ compensation cases. The terms may have different uses and definitions in other areas of law. These definitions are general and broad in nature and are not to be construed as legal advice. 

• The laws of Nebraska are called the Nebraska Revised Statutes, which is abbreviated as “Neb. Rev. Stat.” 

• The Nebraska Workers’ Compensation Act (the Act) is the name for the set of laws governing workers’ compensation in Nebraska. It includes Neb. Rev. Stat. §§ 48-101 through 48-1,118.

• “Rule” refers to the Nebraska Workers’ Compensation Court’s Rules of Procedure.

• Additional definitions can be found in Rule 49, Definitions, and Neb. Rev. Stat. § 48-151.

Definitions Index

A • B • C • D • E • F • G • H • I • J • K • L • M • N • O • P • Q • R • S • T • U • V • W • X • Y • Z

A

Answer

A written pleading (document) filed by a defendant in response to a petition. An answer generally responds to each allegation in the petition by denying or admitting the allegations, stating the matters in dispute, and identifying any defenses the defendant asserts. 

See Neb. Rev. Stat. § 48-176.

Appeal

A request to ask the Nebraska Court of Appeals or Nebraska Supreme Court to review a Nebraska Workers’ Compensation Court decision. Any party disagreeing with a final decision of the trial judge has 30 days to request review of the decision by the Court of Appeals or Supreme Court. 

See Neb. Rev. Stat. § 48-185 and the Overview of Appeal to the Nebraska Court of Appeals information sheet.

Appellant

Someone who appeals from a decision of the Nebraska Workers’ Compensation Court to the Nebraska Court of Appeals is an “Appellant.”

Appellee

The party against whom an appeal is taken. If an employer appeals from a decision of the Nebraska Workers’ Compensation Court to the Nebraska Court of Appeals, the employer is the “Appellant” and the employee is the “Appellee.”

Award

A judge’s written decision that generally orders which benefits (if any) the employee is entitled to based on the facts and the evidence presented at trial, or otherwise resolves the parties’ disputes.

Arising Out of Employment; In the Course of Employment

An injury or illness must be caused by the employee's employment and occur while they are working or in the performance of one’s job for the claim to be compensable. “Arising out of” refers to whether the accident happened due to risks of the employee’s job. “In the course of employment” refers to whether the accident occurred at a time and place, and based on circumstances, of the employee’s job. The Act requires both that the accident arises out of the employment and that it occurs in the course of the employment. 

See Neb. Rev. Stat. § 48-101 and definition of Compensable.

B

Benefits

Money or services which an injured employee or their dependents may be entitled to receive from the employer / workers’ compensation insurer. These may include indemnity benefits (also called “disability benefits” or “wage replacement benefits”), medical expenses, vocational rehabilitation (also known as return-to-work services), or death benefits. 

See the Nebraska Workers' Compensation information sheet.

Body as a Whole Injury

An injury to a body part not listed in § 48-120(3) is a body as a whole injury. Examples are injuries to the head, neck, or back. Benefits are based on loss of earning capacity. 

Compare with the definition of Member Injury.

C

Choice of Doctor

Depending on the facts of the case, either the employee or employer may choose the treating doctor. The treating doctor can provide treatment and make referrals to specialists. 

See Rule 49, Definitions, Rule 50, Choice of Physician, Rule 56, Managed Care — Physicians Who Are Not Participating Physicians, and the Choosing a Doctor for a Work-Related Injury — Rule 50 information sheet.

Claim Adjuster / Claim Administrator / Claim Examiner

A person who handles workers' compensation claims for employers, insurers, and third party administrators.

Clerk of the Court / Court Clerk / Clerk’s Office

The office of the Clerk of the Court receives, processes, and manages Nebraska Workers’ Compensation Court filings on docketed cases, issues summonses, corresponds with the parties to a workers’ compensation lawsuit, schedules trials and motion hearings, keeps a record of the judicial proceedings, issues all necessary notices, and provides administrative support for the judges. 

Compensable / Compensability

A threshold determination that an employee is entitled to workers’ compensation benefits from the employer. Separate issues may exist as to the types and amounts of benefits to which the employee is entitled. 

See Rule 49, Definitions.

D

Date of Injury / Date of Accident

The date that an employee is injured as a result of a specific incident. In the case of a repetitive trauma injury, the date of injury is the first date the employee missed work to seek medical treatment. In an occupational disease case, this is the date when the combined effects of the disease render the employee unable to work.

Defendant

The person / entity defending a lawsuit that has been filed. Typically, the employee files a petition in the Nebraska Workers’ Compensation Court and names the employer and / or its insurance company as the defendant. In rare instances, the employer may file the petition and name the employee as the defendant. 

Defenses

When an employee claims a workers’ compensation injury, the employer may have some defenses to that claim. Examples of defenses used in workers’ compensation claims include, but are not limited to: 

• statute of limitations has expired;

• failure to notify the employer of the injury;

• employee intoxication and / or willful negligence at the time of injury; 

• court does not have jurisdiction. 

Defense Exam

An employer / insurer may request that the employee submit to a medical examination by a doctor of the employer / insurer’s choosing. This doctor will issue a report regarding the claimed work injury, but will not treat the employee. 

See Neb. Rev. Stat. § 48-134.01 and compare with the definition of Independent Medical Exam.

Deposition

Part of the discovery process or discovery tool, a deposition is a chance for parties to obtain testimony from a witness (for example, the employee or a physician) under oath prior to trial. Attorneys for each party may ask questions of the witness. The questions and answers are recorded by a court reporter and can be submitted as evidence if the witness is unavailable for trial. 

See Nebraska Supreme Court Rule § 6-330, Depositions upon oral examination, § 6-332, Use of depositions in court proceedings, and the definition of Discovery.

Discovery

The process of exchanging information between the parties about witnesses and evidence that may be presented at trial. Discovery takes place prior to and in preparation for trial. Types of discovery include depositions, interrogatories (questions), and formal requests for the production of documents or other items. 

See Rule 4, Discovery, Nebraska Supreme Court Rules §§ 6-301 to 6-337, and the definitions of Deposition, Interrogatories, and Production of Documents.

Denied / Disputed Claim

A workers’ compensation claim where the employer / insurer believes that the employee’s injury is not covered by the Act or disputes entitlement to any or all benefits claimed.

Docket File / Docketed File

The action of submitting a pleading or other document to the court clerk. All pleadings or other documents filed with the Nebraska Workers’ Compensation Court are stamped or imprinted with the date it was received and accepted by the Clerk’s office. There are very specific rules regarding the form, manner, and time in which certain documents must be filed. 

See Rule 2, Filings, and 3, Pleadings.

E

Employee

A person whose work is under the control of an employer. Virtually all employees are covered by the Act including employees of private industry, state and local government, part-time employees, minors, employees of charitable organizations, and employees of self-insured employers. 

See Neb. Rev. Stat. § 48-115 and compare with the definition of Independent Contractor. 

Employer

The Act applies to the State of Nebraska, to every governmental agency created by it, and to every employer in the state employing one or more employees in the regular trade, business, profession, or vocation of the employer. 

See Neb. Rev. Stat. § 48-106. 

Evidence

Information presented in court to prove the facts of a case or a defense to a claim. Evidence is used to persuade the trial judge to decide the case in a certain way. It can be in the form of documents or other items, verbal testimony (witness), or written testimony of a witness taken under oath.

Exhibit

A paper, document, or other item introduced as evidence during a trial or a hearing to support a party’s claim or defense to a claim. An example of an exhibit may be a medical report or list of medical expenses incurred due to an accident. 

See Rule 10, Evidence, and Rule 14, Exhibits. 

Ex Parte Communication

A generally prohibited communication between one party or their attorney and the judge when the opposing party or their attorney is not present.

F

Family Physician

Family Physician means a physician who has maintained the medical records of and has a documented history of treatment with the employee or an employee's immediate family member prior to an injury. 

See Rule 49, Definitions and the Choosing a Doctor for a Work-Related Injury — Rule 50 information sheet.

First Report of Alleged Occupational Injury or Illness (FROI) / First Report / Injury Report

In every case of reportable injury or illness arising out of and in the course of employment, the employer (or its insurer or risk management pool) must submit a report to the Nebraska Workers’ Compensation Court. This report shall be filed within 10 days after the employer or insurer or risk management pool has been given notice or has knowledge of such injury. 

See Neb. Rev. Stat. § 48-144.01 and Rule 29, First Report of Alleged Occupational Injury or Illness.

G

No definitions.

H

No definitions.

I

Impairment Rating

A percentage of permanent impairment provided by a physician. It is a medical concept and measures what physical abilities have been negatively affected by the injury to a specific body part.

Indemnity / Indemnity Benefits

Also called “disability benefits” or “wage replacement benefits,”  indemnity benefits may be paid when an employee misses time from work or suffers permanent effects after a work-related injury. Employees may be entitled to temporary and / or permanent disability benefits. 

See the Nebraska Workers' Compensation information sheet.

Independent Contractor

While employees are covered under the Act, independent contractors are not, and are not entitled to workers’ compensation benefits. Whether someone is an employee or independent contractor can be a disputed issue. The Nebraska Supreme Court applies a 10-factor test when determining whether a worker is an independent contractor or an employee. For example, an independent contractor does not have taxes, health insurance, or retirement withheld from a paycheck. 

See the 10-factor test summary chart.

Independent Medical Examiner (IME) / Independent Medical Exam

An Independent Medical Examiner is a physician agreed to by the parties or a physician appointed and assigned by the Nebraska Workers’ Compensation Court. It is a way to get answers to questions about an employee’s medical condition or related issues when there is a disagreement between physicians. An IME prepares a report from review of all the medical records provided and may also examine the employee and run tests in order to prepare the report. 

See Neb. Rev. Stat. § 48-134.01, Rule 49, Definitions, the Independent Medical Examiners (IME) section of this website, and compare with the definition of Defense Exam.

Informal dispute resolution (IDR) / Mediation

A method of resolving a dispute without the need for a formal hearing or trial before a Nebraska Workers’ Compensation Court judge. The court has a voluntary and free IDR process that can be used when both parties agree to participate. IDR allows a neutral individual, called a mediator, to help the parties find a solution to their dispute(s). 

See the Informally working out a disagreement section of this website.

Interrogatories

During discovery, one party can send the other party a list of questions to find out facts about the case. The recipient must answer the questions in writing, usually within a timeframe given. 

See the definition of Discovery.

J

No definitions.

K

No definitions.

L

Loss of Earning Capacity

A decrease in a person’s future ability to earn money by working. Most often, loss of earning power is based on the opinion of a vocational rehabilitation counselor as to the percentage of earning power lost due to a work injury. It measures how the injury and restrictions affect the ability of the employee to obtain and perform work. 

Lump Sum Settlement Application / LSS

A type of settlement reviewed and approved by the Nebraska Workers’ Compensation Court. The employee receives an amount of money in exchange for giving up future claims against the employer for the specific date(s) of injury. Please note that every LSS application approved by order of the court is final. LSS applications are voluntary and both parties must agree to the terms of the settlement and sign the LSS application. 

See Rule 47, Lump Sum Settlement, the Quick Guide to Lump Sum Settlement Application vs. Release of Liability chart on this website, and compare with the definition of Release of Liability. 

M

Maximum Medical Improvement (MMI)

A point in time in the treatment of an injured employee when it becomes likely that the employee will get no better or no worse because of the work injury, meaning the employee’s condition has stabilized.

Medical Expenses

The employer is liable for all reasonable medical, surgical, and hospital services due to a work injury. In workers’ compensation, there are no co-pays or deductibles to be paid by the employee.

Member Injury

An injury to the body parts listed in Neb. Rev. Stat. § 48-121(3), such as hands, arms, and legs. For member injuries, permanent benefits are usually based on an impairment rating from a physician. 

Motion

A formal request made to a judge asking for an order deciding an issue. Motions are made for many purposes. Common examples are a Motion to Continue Trial to a later date or a Motion to Compel the payment of some type of workers’ compensation benefit. 

See the General Motion combined form.

N

No definitions.

O

Order

The trial judge may be asked to decide an issue in a case. An order is the written decision issued by the trial judge. It can be something simple such as ordering that a trial be continued to a later date. Or it can be a more involved decision after a hearing where evidence is presented, such as an order deciding who is responsible for paying certain medical bills. 

Order of Dismissal

A decision of the trial judge dismissing a case after finding that the employee failed to prove the elements needed for a compensable workers’ compensation claim, finding that no further benefits are owed to the employee, or due to a settlement agreed to by the parties. 

P

Parties

The people or companies who are involved in a workers’ compensation claim or lawsuit. The “parties” to a workers’ compensation claim or lawsuit are typically the employee and the employer / employer’s insurance company. Sometimes more than one person claiming benefits or more than one employer / insurance company are involved in a claim or a lawsuit. In a lawsuit, the “parties” are designated as either the plaintiff(s) or defendant(s).

Petition

A petition is a document that starts the legal process (lawsuit). If there is a dispute regarding all or part of a workers’ compensation claim, either party can file a petition with the Nebraska Workers’ Compensation Court. The petition asks the trial judge to make a decision on the disputed issues. 

See the Formally working out a disagreement section of this website. 

Production of Documents / Request for Production of Documents

A type of discovery used by a party requesting the other party to produce documents (in paper or electronic format) to learn the facts about the case. These documents might also be used as evidence in a hearing or a trial. 

See the definition of Discovery.

Q

No definitions.

R

Release of Liability (ROL)

A type of settlement that is not reviewed by the Nebraska Workers’ Compensation Court. The employee receives an amount of money in exchange for giving up future claims against the employer for that date of injury. An ROL can only be filed in some circumstances. ROLs are voluntary and both parties must agree to the terms of the settlement. 

Compare with the definition of Lump Sum Settlement and see the Quick Guide to Lump Sum Settlement Application vs. Release of Liability chart.

Rules of Procedure / Rules

Written and approved by the Nebraska Workers’ Compensation Court, these rules supplement the statutes passed by the Nebraska Legislature. The rules provide for detailed processes to carry out the statutes. 

See the Rules of Procedure.

S

Service of Process

The formal delivery of a legal document, such as a petition, so the other party has notice of a legal action and is given an opportunity to respond. 

Summons

When a petition is filed with the Nebraska Workers’ Compensation Court, it is served (delivered) to the defendant with a summons issued by the Court Clerk. The summons provides the defendant with notice that they are being sued. In a typical workers’ compensation case, the defendant is the employer.

Supersedeas Bond

If there is an appeal, the losing party may be required to obtain a bond if they want to delay payment of a judgment until the appeal is over. The bond ensures payment if the order of the trial court is upheld on appeal. 

T

Trial

If there is a disagreement between the employee and employer regarding a work injury, either party can file a petition to ask the trial judge to decide the disputed issues. The trial is the formal process where both parties can present their evidence and witnesses to the trial judge. The trial judge will make a decision based on the law (such as statutes and court decisions or “case law”), evidence, and witnesses’ testimony.

U

No definitions.

V

Vocational Rehabilitation / Return-to-Work Services

If, due to a work injury, an employee is unable to return to the type of work they were doing before, they may be entitled to return to work services, known as vocational rehabilitation. Return to work services can be in the form of job placement or formal training. 

See the Return-to-Work Services information sheet.

W

Waiting Period

The waiting period is the first seven calendar days of disability. Indemnity benefits (also called “disability benefits” or “wage replacement benefits”) begin on the eighth calendar day of disability, after a seven-day waiting period. If disability (either temporary or permanent) continues for six weeks or longer, then benefits are payable for that one week waiting period. See Neb. Rev. Stat. § 48-119. Please note the waiting period does not apply to medical benefits. Medical benefits may begin on the date of the work injury.

Witness

A person who gives testimony under oath (1) in person, (2) by verbal or written deposition, or (3) by affidavit.

X

No definitions.

Y

No definitions.

Z

No definitions.

This information is a product of the Nebraska Workers’ Compensation Court and is provided as a public service. It is not intended to be used or construed as legal advice by the court. The court will not be liable for any loss, injury, or direct, special, incidental or consequential damage incurred as a consequence, directly or indirectly, of the use or application of the contents herein. Further inquiries may be directed to the court; however, please note court staff may not provide legal advice or opinions. 

General questions may be directed to the court’s information line or you may contact the court by email from the court’s website. Case-specific questions should be directed to a private lawyer, as the court cannot provide legal advice. Court staff may not complete the forms for you.

Nebraska Workers’ Compensation Court

1010 Lincoln Mall, Suite 100

Lincoln, NE 68508-2833

Information Line: 800-599-5155 or 402-471-6468

Website: http://www.newcc.gov/