Nebraska Workers' Compensation Settlement Calculator
Estimate Nebraska workers' comp — Max Weekly Benefit, Waiting Period, Exclusive Remedy
Nebraska workers' compensation claims are governed by Neb. Rev. Stat. § 48-121.01 (Max/Min Weekly Income Benefit): Max $1,166/week (injuries on/after 1/1/2026); Min $49/week. Of the 3 landmark Nebraska workers' compensation awards documented on this page, the largest is $251K (Statutory schedule example — total loss of a leg (215 weeks x $1,166/wk 2026 max rate = $250,690); 2026).
🌽 NEBRASKA: Max Weekly Benefit | 7-Day Waiting Period | Espinoza Multi-Member Rule
Your Injury
Your Estimated Settlement
$6,000 — $6,000
Pain and suffering = $15,000 in medical bills × 0.0 severity multiplier. Your bills are already included in that figure, so they are not added again.
Workers' compensation is a no-fault system: your benefits are not reduced because you were partly or fully responsible for the accident.
Workers' compensation does not pay pain and suffering. Unlike a personal injury claim, it covers medical treatment and a portion of your lost wages only — so no pain-and-suffering amount is included above.
This figure does not include a permanent impairment award. If your injury leaves lasting limitations, most states add a separate payment based on a doctor's impairment rating and a statutory schedule.
If someone other than your employer caused the injury — a subcontractor, a driver, a defective machine — you may also have a separate personal injury claim against that party, and that claim can include pain and suffering.
Keep this estimate — it is gone when you close the tab.
Workers' Compensation Wage Benchmark — New York State claims only
Across New York State claims only, this benchmark is based on 5,586,588 real payments totaling $139.7B from official New York State workers' comp claims.
Average
$25K
Median
$20K
25th %ile
$13K
90th %ile
$44K
Source: New York State Workers' Compensation Board (via data.ny.gov). These figures come from New York State claims only and do not describe benefit levels in other states. Actual payouts may vary based on individual circumstances.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor
Nebraska Workers' Compensation Law
Nebraska workers' compensation benefits are governed by Neb. Rev. Stat. § 48-121.01 (Max/Min Weekly Income Benefit): Max $1,166/week (eff. 1/1/2026); Min $49/week. Max = 100% of the state average weekly wage, adjusted every January 1. Applies to TTD, PPD, PTD, and death benefits. The Governor may suspend the annual increase via a public hearing (by Nov. 15) and suspension order (by Nov. 30).
Compensation Schedule (§ 48-121): benefits equal 66⅔% of gross wages, capped at the § 48-121.01 maximum. Permanent partial disability to a scheduled member is paid in weeks — arm 225 weeks, leg 215 weeks, hand 175 weeks, foot 150 weeks, eye 125 weeks. Under the 2023 Espinoza v. Job Source USA ruling, injuries to more than one part of a single limb (e.g., wrist + elbow) can now qualify for a loss-of-earning-capacity evaluation instead of the flat schedule, once loss reaches 30% or more.
Waiting Period (§ 48-119): 7 calendar days. No compensation for the first 7 days of disability; benefits start on day 8. If disability lasts 6 weeks or longer, compensation is paid retroactively back to day 1.
Key Nebraska Workers' Compensation Statutes
Nebraska workers' compensation benefits operate under these critical legal rules:
Neb. Rev. Stat. § 48-121.01
Max/Min Weekly Income BenefitStandard: Max $1,166/week (injuries on/after 1/1/2026); Min $49/week
Scope: Max = 100% of the state average weekly wage, rounded up, adjusted every January 1. Applies to TTD, PPD, PTD, and death benefits. The Governor may suspend the annual increase via a public hearing (by Nov. 15) and suspension order (by Nov. 30).
Neb. Rev. Stat. § 48-121
Compensation Schedule (TTD/PPD/Scheduled Members)Standard: 66⅔% of gross wages, capped at the § 48-121.01 maximum
Scope: Scheduled-member PPD is paid in weeks: arm 225 wks, leg 215 wks, hand 175 wks, foot 150 wks, eye 125 wks, thumb 60 wks. Non-scheduled ('body as a whole') disability = 66⅔% of the wage-loss difference, capped at 300 weeks. Under § 48-121(3), per Espinoza v. Job Source USA, 313 Neb. 559 (2023), injuries to more than one part of a single limb can unlock a loss-of-earning-capacity evaluation (≥30% threshold) instead of the flat schedule.
Neb. Rev. Stat. § 48-119
Waiting PeriodStandard: 7 calendar days
Scope: No compensation for the first 7 days of disability; benefits start on day 8. Paid retroactively back to day 1 if disability continues 6 weeks or longer. A partial day counts as a full calendar day.
Neb. Rev. Stat. § 48-101
Exclusive RemedyStandard: Workers' comp is the injured employee's exclusive remedy against the employer
Scope: Covers injury 'arising out of and in the course of' employment where the worker was not 'willfully negligent.' Third-party claims against non-employer defendants (equipment makers, subcontractors, negligent drivers) remain available and commonly proceed alongside a WC claim.
Neb. Rev. Stat. § 48-133
Notice of InjuryStandard: Written notice to the employer 'as soon as practicable'
Scope: A missing or late written notice does not bar the claim if the employer had actual knowledge of the injury (a 5-month delay has been found too slow where the employer did not know). Latent/progressive injuries get 6 months from discovery of the compensable disability.
Neb. Rev. Stat. § 48-137
Statute of LimitationsStandard: 2 years from the date of accident or death to file
Scope: Resets to 2 years from the date of the last compensation payment if benefits were already being paid; paused while the claimant is under a legal disability. A later material worsening of the condition opens a fresh 2-year window for additional compensation.
Recovery Structure
Medical treatment (typically unlimited when reasonable and necessary), lost wages at 66⅔% of average weekly wage up to the § 48-121.01 cap, permanent impairment awards via the scheduled-member system (or a loss-of-earning-capacity evaluation for multi-member/body-as-a-whole injuries), vocational rehabilitation services, and death/burial benefits for dependents. No pain-and-suffering damages under workers' comp — the trade-off for the exclusive-remedy bar on employer lawsuits.
Key Nebraska Doctrines
Exclusive Remedy (§ 48-101): workers' comp is the injured employee's only remedy against the employer for an on-the-job injury; third-party claims against non-employer defendants (equipment makers, subcontractors, negligent drivers) remain available and often run parallel to a WC claim. Espinoza Multi-Member Rule (§ 48-121(3)): injuries to multiple parts of one limb can unlock a loss-of-earning-capacity award instead of the flat schedule once loss reaches 30%. Second Injury Fund closed to new claims (§ 48-128): Nebraska's fund only covers injuries before Dec. 1, 1997 — for current claims, the last employer bears the full cost of a combined disability, with no state cost-shifting backstop.
Damage Structure + Caps
Weekly wage-loss benefits capped at $1,166/week (2026) and floored at $49/week; PPD scheduled-member awards capped by fixed week-counts per body part (e.g., leg = 215 weeks); non-scheduled partial disability capped at 300 weeks; burial benefit capped at $12,200 (adjusts every July 1); no dollar cap on reasonable and necessary medical treatment.
Nebraska Workers' Compensation Verdicts + Awards
Nebraska appellate opinions report weeks and percentages rather than lump sums, so alongside two supreme-court-documented awards this includes a worked statutory ceiling (marked as a calculation, not a case):
| Amount | Year | Case / Injury |
|---|---|---|
| $51K | 2024 | Mosher v. Whole Foods Market, 317 Neb. 26 — employer denied PPD after its own IME found 17% impairment; Nebraska Supreme Court affirmed TTD at $220.28/wk plus medical, prescriptions, mileage, a waiting-time penalty, and attorney fees (sum of disclosed components, not a single headline settlement figure) — Workplace fall — tibial stress fracture, peroneal neuritis, ankle/knee sprain, hip and low-back injury |
| $10K | 2026 | Hastreiter v. Foltz Bros., Inc., 321 Neb. 469 — Nebraska Supreme Court affirmed denial of death benefits (cancer causation found too speculative under 'may/possibly' medical testimony) but affirmed the underlying hip-injury award of medical, mileage, waiting-time penalties, interest, and a $10,000 attorney fee — Hip injury (Sept. 26, 2022); death claim for later metastatic cancer denied |
| $251K | 2026 | Statutory schedule example — total loss of a leg (215 weeks x $1,166/wk 2026 max rate = $250,690) — Illustrative maximum scheduled PPD for a leg loss (Neb. Rev. Stat. 48-121) — transparent calculation, not a reported case |
Nebraska Workers' Compensation FAQs
What is the maximum weekly workers' comp benefit in Nebraska for 2026?
The Nebraska 2026 maximum is $1,166 per week for injuries occurring on or after Jan. 1, 2026 (Neb. Rev. Stat. § 48-121.01), up from $1,130/week in 2025. The minimum is $49/week. Your actual benefit is 66⅔% of your average gross weekly wage, capped at this maximum — the rate resets every January 1 based on the state average weekly wage.
How long do I have to report my Nebraska work injury?
Nebraska requires written notice to your employer 'as soon as practicable' after the injury (§ 48-133). There's no fixed day-count, but courts have found a 5-month delay too slow. If your employer already knew about the injury through other means, a missing or late written notice generally won't bar your claim. Latent or progressive injuries get 6 months from when you discover the disability is work-related.
Can I sue my employer in Nebraska in addition to workers' comp?
Generally NO — Nebraska workers' comp is your 'exclusive remedy' against your employer (§ 48-101). Exceptions: (1) third-party claims against non-employer defendants (a negligent driver, equipment manufacturer, subcontractor), and (2) preserved claims where the injury didn't 'arise out of and in the course of' employment in the first place. Third-party lawsuits and a WC claim commonly proceed at the same time.
How long do I have to file a Nebraska workers' comp claim?
Two years from the date of the accident (or death), per § 48-137. That deadline resets to 2 years from the date of the last compensation payment if benefits were already being paid, and pauses entirely while you're under a legal disability. If your condition materially worsens later, you get a fresh 2-year window to seek additional compensation for that change.
Should I accept the first settlement offer in my Nebraska claim?
Almost never without review. Lump-sum settlements in Nebraska require Compensation Court approval under § 48-139 unless they fall under the 2009 no-lawsuit-filed exception (which instead requires a filed Release of Liability). Initial offers often undervalue permanent impairment and future medical needs — especially for multi-member injuries that may now qualify for a loss-of-earning-capacity evaluation under the 2023 Espinoza rule instead of the flat schedule. Get an independent medical evaluation and talk to a workers' comp attorney before signing.
Pending Nebraska Workers' Compensation Issues
Active legal developments (as of April 2026):
- 2026 max/min weekly income benefit ($1,166 / $49) confirmed via the Nebraska Workers' Compensation Court's official benefit-rates page and a Baylor Evnen law firm client alert; the underlying 2026 state average weekly wage figure itself (the base used to compute the max) was not independently located.
- Burial benefit ($12,200) and mileage reimbursement (76.0¢/mile) adjust every July 1, while the income-benefit cap adjusts every January 1 — two different annual clocks under the same Nebraska Workers' Compensation Act.
- Nebraska's Second Injury Fund (§ 48-128) covers only injuries before Dec. 1, 1997; for injuries after that date there is effectively no state-run second-injury cost-shifting mechanism, unlike many other states — the last employer bears the full combined-disability cost.
- Nebraska Supreme Court/Court of Appeals opinions typically report compensation in percentages and weeks rather than lump-sum dollar totals, and the Compensation Court's full decisions-and-orders database (nellak.newcc.gov) requires a credentialed account. Only 2 court-documented dollar figures (Mosher 2024, Hastreiter 2026) could be independently verified from public appellate opinions as of August 2026.
- Espinoza v. Job Source USA (2023) is a still-developing area of Nebraska case law — the multi-member loss-of-earning-capacity rule was only established in 2023, and its 30%-threshold application to specific injury combinations continues to be litigated case-by-case.
Informational only — consult a licensed attorney for case-specific advice.
Primary Sources
- www.newcc.gov/service-providers/attorneys/benefit-rates
- baylorevnen.com/nebraskas-maximum-weekly-benefit-rate-to-increase-to-1166-00
- law.justia.com/codes/nebraska/chapter-48/statute-48-121-01
- law.justia.com/codes/nebraska/chapter-48/statute-48-121
- law.justia.com/codes/nebraska/chapter-48/statute-48-101
- law.justia.com/codes/nebraska/chapter-48/statute-48-133
- law.justia.com/codes/nebraska/chapter-48/statute-48-137
- law.justia.com/codes/nebraska/chapter-48/statute-48-119
- law.justia.com/codes/nebraska/chapter-48/statute-48-128
- law.justia.com/codes/nebraska/chapter-48/statute-48-122
- www.courtlistener.com/opinion/9999345/mosher-v-whole-foods-market
- www.courtlistener.com/opinion/10863242/hastreiter-v-foltz-bros
- www.courtlistener.com/opinion/9376513/espinoza-v-job-source-usa
- nebraskajudicial.gov/sites/default/files/publication-report-files/WCC-annual-caseload-fy-24.pdf
Other State Workers' Compensation Calculators
Washington
L&I state fund + self-insure, PPD dollar-amount schedule, $2,303.31/wk equiv
California
SIBTF reform 2026, $1,764/wk max, QME + SB 636
New York
$1,281.50/wk max, LWEC non-schedule PPD, 2025 Protection in Workplace Act
Texas
Non-subscriber option, $1,271/wk, IBR
Illinois
Lifetime uncapped medical, $2,045.63/wk (2026)
Florida
$1,358/wk, 104-week TTD cap, narrow catastrophic definition
Michigan
PIWEC phantom wages, 80% after-tax AWW, $1,201/wk max 2026
New Jersey
Second Injury Fund, 400/450-wk caps, $1,199/wk max 2026
Ohio
BWC monopoly fund, Industrial Commission PTD, $1,281/wk
Pennsylvania
Act 111 (2017), 500-wk partial cap, $1,394/wk max 2026
Alabama
Max $1,219/wk TTD, but non-scheduled PPD (back injuries) capped at just $220/wk
Arizona
$6,131/mo max AMW (66⅔% TTD/PTD), PPD paid in months not weeks
Colorado
Competitive state fund, $1,464/wk max (91% SAWW), 4-day notice deadline
Connecticut
Max $1,716/wk (2026), 28-day contest deadline, SIF closed since 1995
Georgia
Exclusive remedy, $800/wk TTD cap, catastrophic designation unlocks lifetime benefits
Iowa
80% spendable earnings, $2,431/wk max, active Second Injury Fund
Indiana
$877/wk max (66⅔% AWW), 8-day wait, Second Injury Fund
Kentucky
Impairment-factor PPD formula, $1,277.99/wk max, coal black-lung claims
Louisiana
Second Injury Fund, SEB to 520wks, $903/wk max (Sept 2026)
Massachusetts
Opt-out exclusive remedy, $1,922/wk max rate, PPD paid in statewide-wage multiples
Maryland
Exclusive remedy, $1,537/wk max (2026), Uninsured Employers' Fund safety net
Minnesota
Private-carrier market, $1,536.84/wk max, PTSD presumption for first responders
Missouri
Strict-construction state, TTD/PTD capped 105% SAWW, PPD capped 55% SAWW
North Carolina
500-week TTD/PPD cap, $1,446/wk max (2026), 66 2/3% AWW
Oklahoma
TTD/PTD capped at $1,128.66/wk, opt-out struck down, Multiple Injury Trust Fund
Oregon
3-way market (SAIF+private+self-insure), $1,943/wk max, CDA keeps medical open
South Carolina
Exclusive remedy, $1,189.94/wk max (2026), 500-wk TTD cap, lifetime for TBI/spinal
Tennessee
$1,488.30/wk max (FY26-27), 15-day notice, PPD = rating × 450 wks, no jury trials
Virginia
500-week comp cap (PTD lifetime), $1,507/wk max, 66 2/3% AWW
Wisconsin
Dual-track cap: $1,375/wk TTD (110% SAWW) vs just $454/wk PPD; 6/12-yr SOL
Alaska
PPI = $273K × WPI%, TTD/PTD 80% of wage, max $1,627/wk (2026)
Arkansas
Max $953/wk (85% SAWW), odd-lot doctrine barred, 450-wk wage-loss cap
Washington DC
Max $1,852.07/wk (Jan 2025), 30-day notice, LHWCA-style weeks-based PPD schedule
Delaware
Max $962.72/wk (2026), 90-day notice, Medicare-based HCPS fee caps
Hawaii
66⅔% AWW, $1,240/wk max (2026), Special Compensation Fund after 104wks
Idaho
Max $1,021.50/wk (90% ASW), 500-week whole man, ISIF second-injury fund
Kansas
$905/wk max TTD/PTD, 415-wk PPD cap, SB 430 (2024) raised PTD cap $155K→$400K
Maine
Max $1,561/wk (125% of SAWW), 7-day wait, no statutory minimum, exclusive remedy
Mississippi
Max $654.63/wk, 5-day wait, Second Injury Trust Fund
Montana
$1,192/wk max, 400-week PPD formula, 60-mo medical closure
North Dakota
Monopolistic state fund (WSI), $1,614/wk max, no private insurance or self-insurance
New Hampshire
$2,309/wk cap (150% SAWW); Second Injury Fund; 3-yr claim filing deadline
New Mexico
100% SAWW cap, $1,146.66/wk max, $36/wk min since 1975
Nevada
Privatized market, monthly PPD annuity (0.6%/1% WPI), max $5,691.79/mo (FY27)
Rhode Island
62% AWW formula, $1,622/wk max, dedicated Workers' Compensation Court
South Dakota
No insurance mandate • $1,152/wk max (2026) • Subsequent Injury Fund repealed 1999
Utah
Max $1,376/wk (2026), 6-yr/12-yr filing window, narrow intentional-injury exception
Vermont
Max $1,914/wk (2026), 6-mo. filing deadline, whole-person PPD schedule
West Virginia
Deliberate-intent exception, $1,150.91/wk max, no punitive damages, privatized market
Wyoming
Monopolistic state fund, no private insurance; PTD capped at 80 months, not lifetime
Main Workers' Comp Calculator
Nationwide WC benefits overview