When an injured worker has reached a point of maximum medical improvement – when healing has plateaued – that worker may be entitled to permanent disability benefits.
If the injury sustained is not an injury to the truck of the body (head, neck, back, internal organs, etc.), it is considered a “scheduled member” injury in Nebraska. Compensation for these scheduled member injuries are paid based on the level of disability to that member. Then, the Nebraska workers’ compensation laws prescribe a certain number of weeks of benefits depending on which body part has sustained the permanent disability.
The benefits are paid at 2/3 of the worker’s average weekly wage, for whatever percentage of disability is assigned. For example, a 10 percent impairment to a shoulder in Nebraska is paid at 2/3 of the average weekly wage for 22.5 weeks. This is based upon the chart below where a shoulder is worth a total of 225 weeks (i.e. 225 x 10% = 22.5 weeks). See the chart below to see how other body parts are paid in Nebraska: Source: Nebraska Revised Statute § 48-121
|Body Part||Number of Weeks|
|Third (Ring) Finger||20|
|Fourth (Little) Finger||15|
|Amputation at First Phalange||(half weeks for that finger)|
|Amputation ½ of First Phalange||(quarter weeks for that finger)|
|Any Other Toe||10|
|Hand (below elbow joint)||175|
|Arm (at or above elbow)||225|
|Foot (below knee)||150|
|Leg (at or above knee)||215|
|Loss of Eye or Reduction of sight to 1/5 normal||125|
|Hearing Loss (one ear)||50|
Generally, any body part not listed above (head, neck, or back, as examples) would be considered and injury to the “body as a whole” and is paid differently.