Visitor Question

Can I increase the percentage of disability?

Submitted By: Anonymous (Omaha, Nebraska)

I fell originally on 12/31/2015 at work and ended up having rotator cuff surgery. I settled on this claim but then on 1/10/17 I fell again outside of work on ice. I fell on the same arm and the diagnosis was a strain. I was sore so I went back to the surgeon who did my rotator cuff surgery and he did an MRI on the shoulder to make sure I didn’t tear my rotator cuff surgery again.

The results came back negative but I am still having pain depending on what I do. I also have more weakness in my left arm where I had the surgery. I was told by the doctor when I went back this week that he needs to add more to my disability, which was originally a 5%, since I still have pain in the arm and lost more of my strength.

The workers compensation rep said I will only get paid for my mileage and that I won’t get any more compensation for the extended percentage on my disability the doctor wants to give me. I am so confused and need to find out what is the law on this. What can I do? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

The Nebraska Workers Compensation Court states in part:

“An injured employee who is covered by the Nebraska Workers’ Compensation Act may obtain benefits if: the injury was caused by an accident or disease that arose out of and in the course of his or her employment”

Under Nebraska Worker’s Comp rules, when a worker is injured while performing his or her work duties, an employer becomes liable for all reasonable medical and hospital services, prescribed drugs, prosthetic devices, and other supplies that are necessary as the result of a work-related injury.

However, these benefits will only be paid when it is determined the worker was injured on the job while in the performance of his or her work duties.

Based on the facts you submitted, the January 10th injury occurred outside of work. As a result, you are not entitled to worker’s compensation benefits. However, if you believe you are entitled to additional benefits and a physician is able to state with a degree of medical certainty that your disability has increased since the original accident, then you may have the basis of a claim for additional compensation.

To explore your options, speak with a local workers compensation attorney. The issues are too complex for you to try to handle your case yourself.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 19, 2017

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