Refresher on Application of the Statute of Limitations in Nebraska Workers’ Compensation Cases

Nebraska Workers’ Compensation system has a fairly direct statute of limitations, at least on paper. Nebraska Revised Statute §48.137 indicates that a Claimant has 2 years from when the Claimant knew or reasonably should have known he or she had a claim for payment of medical or indemnity benefits. Pursuant to this statute, the Claimant must file his or her petition within 2 years of either (1) the date of the accident, or (2) the date of the last payment of benefits, either indemnity or medical benefits – whichever is later. However, please note that pursuant to Neb. Rev. Stat. §48.137, the  “time of making the last payment,” which triggers the statute of limitations, is the date the employee or employee’s provider receives the payment.

Employers should also be aware that the statute of limitations can be tolled under certain circumstances. First, if it’s found that an employee gave notice of an accident and no First Report of Injury was filed, the statute of limitations will typically be tolled. Neb. Rev. Stat. §48.144.04. Second, if the employee is a minor – under the age of 19 in Nebraska – the statute of limitations will also be tolled from running until that minor has reached the age of majority.

Finally, there are various decisions from Nebraska courts detailing when the statute effectively begins to run in cases of latent or undiscovered injuries. For questions regarding application of the statute of limitations under Nebraska law, please don’t hesitate to contact Nebraska Workers’ Compensation attorney, Paul Barta, at pbarta@baylorevnen.com or call (402) 475-1075 and ask for any of our Nebraska Workers’ Compensation attorneys.