WORKERS’ COMPENSATION FIRST REPORT OF INJURY BILL PASSES PROVIDING PROTECTION FOR INJURED WORKERS

Recently, the Nebraska Legislature passed LB 455, introduced by Senator Bob Hallstrom (Syracuse) on Friday. In a change from past practice, LB 455 requires the Workers' Compensation Court to withhold workers' compensation first reports of injury from disclosure to the public. An agreement was reached to advance the bill with an amendment to establish the period of confidentiality to be 60 days and require the Court to provide the following notice to injured employees: “The Nebraska Workers' Compensation Court cannot give legal advice. However, if your claim is denied or if you have any questions regarding the handling of your claim, you have the right to contact a Nebraska attorney who accepts workers' compensation cases who can provide guidance on your rights and options.”

Historically, FROIs were open to the public almost immediately upon filing.  This resulted in the Plaintiffs’ bar obtaining the FROIs (which included contact information for the injured workers) and sending out letters en masse to the workers encouraging them to seek legal representation and/or file a claim even when all benefits were being paid.  This past practice resulted in much frustration from injured workers as many felt their health information was being made public.  Further, employers and insurers who were doing the right thing still had to deal with unnecessary legal disputes.

LB 455 was championed by Nebraskans for Workers’ Compensation Equity and Fairness (“NWCEF”) and its President (and Baylor Evnen partner), Dallas Jones.  LB 455 is a “win” for injured workers concerned about their privacy and for employers and insurers working to dutifully administer workers’ compensation benefits without unnecessary and intrusive litigation.