Workers' comp · NE
Nebraska workers' comp calculator
In Nebraska the unpaid first week of a work injury is made up only after six weeks of disability.
Rules read on official Nebraska pages on · Checked by Radif Partners · How we calculate
- Benefit rate
- 66.67%
- Gross average weekly wage before taxes
- Weekly maximum
- $1,166
- from January 1, 2026
- Weekly minimum
- $49
- or the wage, if lower
- Waiting period
- 7 days
- paid back past 41 days
The Nebraska Workers' Compensation Act pays total disability at 66.67% of the wages received at the time of injury, no more than the maximum weekly income benefit and no less than the minimum (Neb. Rev. Stat. § 48-121). The Workers' Compensation Court lists the maximum as $1,166 for injuries from January 1, 2026, equal to the state average weekly wage rounded up to the next dollar; the minimum is fixed by statute at $49, and anyone earning less is paid the full wage. A wage of about $1,749 reaches the cap. Benefits begin on the eighth calendar day of disability, and the seven-day waiting period is paid only if disability continues 6 weeks or longer (§ 48-119). A meatpacking worker earning $980 who misses thirty days receives $2,147; at six weeks, $3,920. Partial disability is paid for at most 300 weeks, and the employee may choose a doctor who has treated the worker or the family.
Weekly temporary total disability benefit in Nebraska
$733
$3,178 a month · 66.67% of the wage, tax-free
| 66.67% of $1,100 | $733 |
| Weekly maximum / minimum | $1,166 / $49 |
| Days paid / unpaid waiting days | 23 / 7 |
| Total for the time off | $2,410 |
Estimate of wage-loss benefits for a total disability, from the Nebraska Workers' Compensation Court rates. Medical care is paid separately; partial disability, permanent impairment ratings and settlements follow other rules. How this is calculated.
The waiting week that takes six weeks to recover
Many states repay the waiting period once a disability passes two or three weeks. Nebraska's threshold under § 48-119 is 6 weeks, and the waiting week is then paid only after those six weeks have elapsed. The difference is real money for mid-length injuries. A line worker earning $980 who is off thirty days receives $653 a week but only for 23 days, $2,147; if the same injury keeps him home for 42 days, the first week is restored and the claim reaches $3,920. The rule applies to temporary and permanent disability alike.
A cap the Governor can freeze
Under § 48-121.01, the maximum weekly income benefit is 100% of the state average weekly wage, computed to the next higher whole dollar and reset each January 1. The statute also lets the Governor hold a public hearing by November 15 and suspend the coming year's increase after weighing wage trends, benefit levels and premiums, an unusual power for a governor. The Court’s benefit rates page lists $1,166 for 2026. A rail conductor earning $2,000 computes to $1,333 and receives $1,166. The $49 minimum, by contrast, is a fixed sum in the statute and does not follow wages.
Scheduled members and loss of earning power
Nebraska splits permanent disability in two. Loss or loss of use of a scheduled member is paid at 66.67% of wages for a fixed period, sixty weeks for a thumb and thirty-five for an index finger, in addition to temporary benefits, which stop once the permanent extent is known (§ 48-121(3)). Injuries to the body as a whole, such as the back, neck or head, are paid on the loss of earning capacity, usually after a loss of earning power evaluation, at 66.67% of the wage difference for up to 300 weeks. Losing two scheduled members in one accident counts as permanent total disability.
The employer must tell the employee about the right to name as treating physician a doctor who has treated the worker or a family member; otherwise the employer chooses. From July 1, 2026 the burial benefit is $12,200.00 and medical mileage is reimbursed at 76.0 cents per mile (Court benefit rates page). The Nebraska child support page explains how benefits count in a support case, and how much workers’ comp pays covers settlements.
The Nebraska rules this calculator applies
| Rule | Nebraska |
|---|---|
| Temporary total disability rate | 66.67% of gross average weekly wage before taxes |
| Weekly maximum | $1,166 |
| Weekly minimum | $49 |
| Applies to | injuries on or after January 1, 2026 |
| Waiting period | 7 days, paid back when the disability lasts more than 41 days |
| Limit on temporary total benefits | no fixed number of weeks |
Rate. Sixty-six and two-thirds percent of the wages received at the time of injury, not more than the maximum and not less than the minimum weekly income benefit of § 48-121.01 (Neb. Rev. Stat. § 48-121(1)); the maximum is 100% of the state average weekly wage rounded to the next higher dollar (§ 48-121.01(1)(b)). source
Waiting period. Indemnity benefits begin on the eighth calendar day of disability after a seven-day waiting period; if disability continues six weeks or longer, the waiting week is paid after six weeks elapse (Neb. Rev. Stat. § 48-119; Court FAQ). source
Duration. Total disability compensation is paid during the disability, with no fixed week cap (§ 48-121(1)); temporary benefits usually end at maximum medical improvement or release from care (Court FAQ). Partial disability is limited to 300 weeks (§ 48-121(2)). source
Permanent disability. Scheduled members are paid at 66-2/3% of wages for fixed periods in addition to temporary disability (e.g. thumb 60 weeks, index finger 35 weeks) (§ 48-121(3)); body-as-a-whole injuries are paid on loss of earning capacity at 66-2/3% of the wage difference for up to 300 weeks (§ 48-121(2); Court FAQ). source
Worth knowing in Nebraska
- Before each new year the Governor may hold a public hearing and suspend the automatic increase of the maximum weekly benefit (Neb. Rev. Stat. § 48-121.01(1)(b)). source
- Nebraska's minimum weekly benefit is a fixed $49 in statute, not indexed to wages; the section was last amended in 1993 (§ 48-121.01(2), source note Laws 1993, LB 757). source
- The employer must tell the worker of the right to choose as treating physician a doctor who has treated the worker or a family member; if the worker does not choose, the employer selects (Court FAQ). source
- From July 1, 2026 the burial benefit is $12,200.00 and medical mileage is reimbursed at 76.0 cents per mile (Court benefit rates page). source
- Loss of two scheduled members in one accident is treated as permanent total disability (Court FAQ). source