Archive for August, 2011

August 2, 2011

An example of why some work comp settlements should be approved courts

Nebraska requires under Neb. Rev. Stat. 48-139 that all workers compensation settlements involving workers not represented by counsel be approved by the workers compensation court. Last week I came across an example of why this law is good policy.

I signed up a client who was injured in a roof collapse¬†while doing demolition work at a local bar last Sunday. The employer drafted a “full satisfaction and release” of client’s work comp claim for $45 and for payment of my client’s emergency room visit the day of the accident. For an injured worker without health insurance the prospect of having not having potentially expensive ER treatment paid for is a powerful incentive not to pursue their rights under their jurisdiction’s workers compensation statute. Luckily for my client, this “agreement” is not valid so he can compensated to the full extent of the law for his work injuries. In my experience, this type of interference with the exercise of an injured employee’s right to workers compensation is not typical. Thankfully, Nebraska law recognizes that some employers will try to interfere with an injured workers right to compensation and provides procedural safeguards to prevent employer abuse.