Internet Activity No 1

Legal Perspective—Workers' Compensation

Instructions: The URL will take you to a page on the official Web site for
the state of Nebraska. The page contains a list of frequently asked questions
about the Nebraska Workers' Compensation Act. Follow the links on this
page to obtain answers to the questions below. Bear in mind that workers'
compensation laws vary somewhat from state to state, but the information
given on this page will help you understand the types of procedures that are
generally mandated by workers' compensation acts.

Visit URL: http://www.wcc.ne.gov/faq_all.htm

Answer the following questions.

Question 1: How is workers' compensation defined under Nebraska law?

Who is covered by the law? When are employees entitled to receive
workers' compensation benefits?

Question 2: Does a person need an attorney to receive workers'

compensation benefits? Can a person see his or her own physician for
treatment of the work injury? Can an employer make an employee change
physicians?

Question 3: What kinds of vocational rehabilitation services are available

for injured employees under the act? Who pays for such services?

Question 4: When an employer receives notice that an employee has been

injured on the job, what steps should the employer take?

Question 5: What penalties are imposed if an employer fails to provide

workers' compensation insurance coverage?
 Internet Activity No 2
Management Perspective—Workplace Monitoring and Surveillance

Instructions: Electronic monitoring in the workplace has become one of

today's most challenging issues for employers and employees alike.
Employers have a legitimate interest in protecting against liability for
employees' online activities; they also have a responsibility for overseeing
their workers to make sure they are productive. At the same time,
employees seek to have their privacy rights respected.

Is There Privacy in the Workplace? The Privacy Rights Clearinghouse

discusses this question in terms of employer monitoring of telephones,
computers, and other office privacy issues. Visit the URL listed and answer
the questions below.

Visit URL: http://www.privacyrights.org/fs/fs7-work.htm

Answer the following questions.

Question 1: Can an employer listen to employee phone calls at work?

Question 3: What laws, if any, deal with workplace privacy?

Question 2: Is office e-mail and voice mail private?

Answers: Internet Activity No 1

Question 1: Workers' compensation in Nebraska is designed to provide certain benefits to

employees who sustain injury by accident or occupational disease arising out of and in the course of their
employment, and who are not willfully negligent at the time of the injury.
The Nebraska Workers' Compensation Act, found at Section 48-101 to Section 48-1,118 of the Nebraska
Revised Statutes, is the exclusive remedy of the injured employee if the employer has satisfied its legal
obligation to secure payment of compensation under the act. Typically this is done by obtaining a
workers' compensation insurance policy. In exchange for the right to receive workers' compensation
benefits from the employer, an employee forfeits his or her right to file a civil action against the employer
for damages for work-related injuries or illnesses.

The Nebraska Workers' Compensation Act applies to the State of Nebraska, to every governmental
agency created by it, and to every employer in the state employing one or more employees in the regular
trade, business, profession, or vocation of the employer. Thus, virtually all employees are covered by the
workers' compensation law including employees of private industry, state and local government, part-time
employees, minors, and employees of charitable organizations.

An injured employee who is covered by the Nebraska Workers' Compensation Act may obtain benefits if:

1. the injury was caused by an accident or disease that arose out of and in the course of his or her
employment;
2. the employee was not willfully negligent at the time of the injury;
3. the employment was in the usual course of the trade, business, profession, or occupation of the
employer; and
4. the injury occurred in Nebraska; or

the employer was performing work in Nebraska or the employment was principally localized
within this state, whether or not the injury occurred in Nebraska; or

the contract of hire was made in Nebraska and the employer was engaged in business or
performing work in Nebraska, whether or not the injury occurred in Nebraska.

If an employee dies as a result of a work-related injury, the employee's dependents may also be entitled to
benefits under the act.

Question 2: Does a person need an attorney to receive workers' compensation

benefits? No. But you have the right to have an attorney represent you. In most cases benefits are paid
without an attorney or the Workers' Compensation Court becoming involved.

Can a person see his or her own physician for treatment of the work injury? If the
doctor has been chosen by you or your employer after you were notified of your right to choose by your
employer, you can't change doctors unless your employer agrees or the court orders a change. If you want
to change, talk to your employer about the reasons. If your employer agrees, you may change. If your
employer does not tell you about your right to choose a doctor, you may change doctors without your
employer's agreement.

Can an employer make an employee change physicians? You can't be made to change
your treating doctor if the doctor was chosen by you or your employer after your employer notified you
of your right to choose a doctor, unless you agree or unless the court orders you to change.

Question 3: What kinds of vocational rehabilitation services are available for

injured employees under the act? Who pays for such services? The goal of vocational
rehabilitation is to assist the employee to return to suitable employment as soon as possible. Return to
work with your previous employer or to employment for which you have training or work experience is
emphasized, and direct job placement and on-the-job training is given first consideration. Your
rehabilitation counselor will work closely with you to determine the most efficient way to return you to
suitable employment. The following priorities must be followed when the counselor is evaluating,
developing, and implementing a proposed rehabilitation plan (listed in order from lower to higher
priority):

a. Return to previous job with the same employer;

b. Modification of the previous job with the same employer;
c. A new job with the same employer;
d. A job with a new employer; or
e. A period of formal training which is designed to lead to employment in another career field.

When participating in a vocational rehabilitation plan approved by the court, your weekly temporary
benefits and medical costs will continue to be paid by your employer/insurer. The fee for evaluation and
for the development and implementation of the vocational rehabilitation plan will be paid by your
employer/insurer. The required costs of the approved vocational rehabilitation plan such as transportation,
tuition, books/supplies, and if required, the reasonable costs of room and board will be paid from the
Workers' Compensation Trust Fund administered by the court. All expenses must have prior approval
from one of the court's vocational rehabilitation specialists. Note: Some costs, for example child care
services, are not covered by the Workers' Compensation Trust Fund.

Question 4: When an employer receives notice that an employee has been injured
on the job, what steps should the employer take? The employer should notify its workers'
compensation insurer of the injury or occupational disease and either the employer or the insurer should
file a First Report of Alleged Occupational Injury or Illness with the court within 10 days of the date of
the notice of injury. The injured employee is not responsible for filing this report.

The insurer investigates the claim and, generally, should begin making compensation payments for lost
wages (indemnity) and medical expenses within 30 days of notice of the injury. However, payment of
benefits may be delayed if liability for the claim is disputed.

Question 5: What penalties are imposed if an employer fails to provide workers'

compensation insurance coverage? Any one or more of the following penalties may be applied:

1. a civil fine not to exceed $1,000.00 for each violation. Each day of continued failure to secure
coverage constitutes a separate violation.
2. imprisonment for not more than one year, a $1,000.00 fine, or both.
3. enjoinder from doing business in Nebraska until compliance is secured.

Also, an injured employee may sue the employer for damages in district court, and the employer will lose
its common law defenses.