THE 300 WEEK CAP WHEN A BODY-AS-A-WHOLE INJURY IS INVOLVED
By: Shirley Williams
In Nebraska Workers’ Compensation claims, an injured worker is entitled to weekly payments equal to 66 2/3% of their average weekly wage (referred to as “temporary indemnity payments”). After an injured worker reaches “maximum medical improvement,” they are entitled to a specific number of weeks of indemnity payments depending on what part of the body was injured (“permanency”).
A common issue which often arises is how many weeks to pay out permanency when temporary indemnity payments have already been made.
With a body-as-a-whole injury, permanency is capped at 300 weeks under Neb. Rev.Stat. § 48-121 (2). The permanency owed is therefore reduced by the total number of weeks already paid out for temporary indemnity payments (total or partial combined), so as to not exceed 300 weeks total.
To give two examples: if 25 weeks of temporary indemnity benefits were paid, 275 weeks of “loss of earning capacity” (body-as-a-whole permanency) benefits would be paid. Or, if 200 weeks of temporary indemnity benefits had been paid, only 100 weeks of permanency would be paid.
Workers’ Compensation cases are unique to each individual.
For more information on Workers’ Compensation matters, please contact Shirley Williams, Sydney Aase, or Charles Wilbrand at our firm.
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