Death Benefits for Workplace Fatalities in Nebraska
Legally Reviewed By: Robert M. Knowles
Attorney & Partner At Knowles Law Firm
Losing a family member in a workplace accident is one of the hardest things a person can go through, and figuring out what comes next can feel impossible while grieving. Nebraska law allows the surviving spouse, children, and other dependents of a worker killed on the job to receive death benefits through the workers’ compensation system, but insurance companies do not always make that process simple.
Knowles Law Firm has 55 years of experience helping Nebraska families through workplace injury and fatality claims. The lawyers at Knowles Law Firm can explain your rights, communicate with your employer’s insurance company, and work to ensure your family receives the full benefits the law allows.
How Nebraska Death Benefits Work
Under Nebraska Revised Statutes 48-122, if death results from a workplace injury and the deceased employee leaves one or more dependents who relied on their income at the time of injury, the surviving dependents can receive weekly compensation, subject to the minimum and maximum benefit amounts set by state law. The benefit amount depends on the worker’s wages and how many dependents survive them.
These payments are separate from any medical bills or funeral costs already paid, and they are meant to help replace the income a family lost. The calculation involves wage records, dependency status, and specific statutory formulas, so it helps to have an experienced attorney review your case details.
Who Can Receive Death Benefits in Nebraska?
Dependents entitled to death benefits generally include a surviving spouse and minor children, though other family members may qualify if they can show they relied on the worker’s income. The lawyers at Knowles Law Firm can help determine who qualifies as a dependent under Nebraska law, and dependents typically fall into the following categories:
- Surviving spouse
- Minor or dependent children
- Other family members who relied on the worker’s income
- Nonresident dependents in certain circumstances
Every family’s situation is different, so the specific benefits available may depend on the number of dependents and their relationship to the worker.
Filing a Death Benefits Claim
Filing a death benefits claim starts with notifying the employer of the workplace death, similar to how an injury claim begins. From there, the family or an estate representative typically files a claim with the Nebraska Workers’ Compensation Court to establish dependency and calculate the benefit amount.
Insurance companies may try to minimize what they pay by disputing dependency status or the wage calculation used to set the benefit. This is one reason families often choose to work with an attorney rather than navigate the process on their own. The workers’ compensation attorneys at Knowles Law Firm can help gather medical and employment records, communicate with the insurance company, and work toward the benefit amount your family is owed.
What to Do After a Workplace Death
If you have lost a family member in a workplace accident, there are a few steps that can help protect your family’s right to benefits.
You can start by requesting a copy of any incident report the employer filed and keeping records of the worker’s income and employment history. It also helps to avoid signing anything from the insurance company before speaking with an attorney, as some documents can affect your rights to future compensation. Contacting an experienced workers’ compensation attorney early can help make sure deadlines are not missed and that your family’s claim is calculated correctly from the start.
Contact Knowles Law Firm for Help Following a Workplace Accident
Knowles Law Firm has 55 years of experience representing Nebraska families, including those who have lost a loved one in a workplace accident, and has obtained multi-million dollar settlements on behalf of clients across the state. The lawyers at Knowles Law Firm handle each case on a contingency fee basis, so your family pays nothing unless the case results in compensation.
If your family is facing the loss of a worker due to a job-related accident, you do not have to face the process alone. Contact us to schedule a free consultation and learn more about the death benefits your family may be entitled to.
Frequently Asked Questions About Death Benefits
How long do death benefits last in Nebraska?
The duration depends on the dependent’s relationship to the worker and their age, with different rules applying to a surviving spouse compared to minor children.
Can death benefits be paid alongside other compensation?
Death benefits under workers’ compensation are generally separate from any claim against a third party who may have contributed to the accident, so it is worth discussing your full situation with an attorney.
Who is considered a dependent under Nebraska law?
A dependent is generally someone who relied on the worker’s income at the time of the injury, which can include a spouse, children, or in some cases other relatives.
Does it matter if the employer disputes the claim?
Yes, an employer or its insurance company can dispute dependency status or the benefit calculation, so legal representation can help protect your family’s claim.
Is there a deadline to file for death benefits?
Yes, Nebraska law sets deadlines for filing workers’ compensation claims, so it is important to speak with an attorney as soon as possible after a workplace death.
About Our Attorney
Robert M. Knowles
Attorney & Partner at Knowles Law Firm
Robert has tried cases in both state and federal courts and was selected as one of the top 100 litigation lawyers in Nebraska for 2014 by the American Society of Legal Advocates. Less than 1.5 percent of lawyers nationally are selected for this recognition. He is rated AV by Martindale-Hubbell which is the highest rating an attorney can obtain. He was also selected by Martindale-Hubbell as a 2019 Top Rated Lawyer.
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