When you get hurt at work, you expect workers’ compensation to step in quickly. Medical bills add up fast, and missing paychecks can strain even the most prepared household. But many injured employees discover that their claim is delayed, sometimes without a clear explanation. These delays can create anxiety, confusion, and real financial hardship.
In Nebraska and Iowa, workers’ compensation should move forward in a timely manner. When it does not, something is often wrong behind the scenes. Understanding why delays happen and what you can do about them can help protect your rights. Hauptman, O’Brien Personal Injury Lawyers assists workers every day who are dealing with stalled or mishandled claims.
Common Delay Tactics Used in Workers’ Compensation Claims
Not all delays are intentional, but many of them are. Insurance companies sometimes look for excuses to postpone payments or slow the process. This reduces their immediate financial responsibilities and pressures injured employees into accepting less than they are owed.
Some of the most common delay tactics include:
- Requesting repeated medical documents
- Claiming paperwork was not received
- Scheduling unnecessary medical reviews
- Delaying communication with injured workers
- Sending claim decisions at the last possible deadline
- Questioning whether the injury is work-related
- Asking for additional employer statements before reviewing a claim
These tactics can be frustrating, and workers often feel stuck. When an insurer appears to be stalling, it is a warning sign that you may need legal support. The longer a delay continues, the more leverage the insurance company has to push you toward an unfavorable settlement. You deserve clarity, timely treatment approvals, and prompt wage replacement benefits.
Why Workers’ Compensation Insurers Delay Claims
Insurance companies are businesses. Although the law requires them to act in good faith, their financial incentive is to reduce the amount they pay out. This motivation can sometimes conflict with the needs of injured workers. While they may not admit it outright, delays can serve the insurer’s interests.
Reasons insurers often delay include:
- Disputing the severity of your injury
- Hoping you return to work before benefits are approved
- Searching for evidence of preexisting injuries
- Attempting to attribute the injury to a non-work activity
- Waiting for you to miss a deadline
- Pressuring you into accepting a lower settlement
- Investigating whether your medical treatment is “reasonable and necessary”
In some cases, delays occur because the insurer is overwhelmed or mismanaged. But intentional delays are not uncommon, and they can be challenged. Nebraska and Iowa both have laws that protect injured workers from unfair claim handling practices. You should never assume a delay is normal. It may indicate that your rights are being ignored or that the insurer is preparing to dispute your claim.
What You Should Do When Your Workers’ Comp Claim Is Delayed
You do not have to wait helplessly while bills pile up. The moment you realize your claim is not progressing, you should take practical steps to protect yourself. Clear documentation and active follow-up can make your case stronger if legal intervention becomes necessary.
Consider taking the following steps:
- Contact the claims adjuster: Ask for a written explanation for the delay and request updated timelines.
- Document every communication: Keep notes, emails, and call logs in case you need proof of insurer misconduct.
- Follow all medical instructions: Missed appointments can give the insurer an excuse to deny benefits.
- Request copies of your medical records: Having them ready reduces the insurer’s ability to claim missing documentation.
- Notify your employer in writing: Confirm that all required forms have been submitted.
- Track expenses carefully: This includes travel, prescriptions, and medical supplies.
- Consult a workers’ compensation attorney: A delay is often a sign that legal help is needed.
Ignoring a delay can weaken your case. Early action helps ensure you receive medical care authorization and wage replacement benefits without unnecessary interruptions. Our firm often steps in during this stage to communicate with the insurer, demand compliance with deadlines, and prevent further stalling.
Penalties for Unreasonable Delays in Nebraska and Iowa
Both Nebraska and Iowa have laws requiring insurers to handle workers’ compensation claims promptly. When they fail to do so, penalties may apply. These penalties are designed to discourage unfair delays and protect injured workers from financial harm.
Penalties can include:
- Waiting time penalties: Additional compensation paid to the worker for each day benefits are wrongly withheld.
- Interest on late payments: Insurers may owe interest for delayed wage replacement or medical payments.
- Administrative fines: Regulators can impose fines on insurers who repeatedly delay claims.
- Court-ordered attorney fees: If a court finds the delay unreasonable, the insurer may be required to pay your legal fees.
- Benefit reinstatement orders: Courts may require insurers to restart or continue benefits after a wrongful delay.
- Sanctions for bad-faith conduct: In rare cases, serious misconduct may result in extra legal consequences.
- Mandated compliance reviews: Regulators may monitor the insurer more closely in the future.
Nebraska workers’ compensation rules emphasize prompt payment to reduce financial strain on injured employees. Iowa law also requires insurers to issue benefits quickly and accurately. If they fail to meet these obligations, they may owe both interest and penalties.
Signs Your Workers’ Compensation Claim Is Being Deliberately Delayed
Sometimes delays appear subtle at first. A missed phone call here, a lost document there, or a “processing” update with no explanation. But there are usually red flags that indicate the insurer is dragging its feet.
Warning signs may include:
- Repeated requests for the same paperwork
- Sudden changes in your assigned adjuster
- Long gaps with no communication
- Conflicting statements about what additional information is needed
- Delays approving medical tests or specialist visits
- Pressure to return to work before you are medically cleared
- Claims of missing forms when you have proof they were submitted
- Vague or inconsistent explanations for the delay
Some delays are the result of genuine administrative problems. But when the behavior becomes a pattern, it may be an intentional attempt to reduce the value of your claim. You are entitled to a fair process, and legal assistance can help ensure the insurer meets its obligations.
What Our Workers’ Compensation Attorneys Can Do for You
A delayed workers’ compensation claim is more than an inconvenience. It is a barrier to receiving medical treatment, covering household expenses, and maintaining stability while you recover. Hauptman, O’Brien Personal Injury Lawyers provides the support and strategic guidance injured workers need when insurers do not cooperate.
Our attorneys can:
- Communicate directly with the insurer on your behalf
- Demand compliance with state-mandated deadlines
- File motions or petitions to force timely action
- Pursue penalties for unreasonable delays
- Challenge disputes over medical necessity
- Gather medical evidence to support your right to benefits
- Represent you in hearings before the workers’ compensation court
A delay often means the insurer is preparing to dispute your case. Our involvement levels the playing field and ensures your interests remain protected. With offices across Omaha, South Omaha, Bellevue, Lincoln, Council Bluffs, and Sioux City, our team is well-positioned to assist workers throughout Nebraska and western Iowa.
Injured on the Job? Seek Legal Help Today to Prevent Any Compensation Delays!
If your workers’ compensation claim is stalled, do not wait for the insurer to take the next step. Delays can cause financial stress and disrupt your recovery. An experienced attorney can intervene quickly, review your case, and demand the benefits you are entitled to under state law.
Hauptman, O’Brien Personal Injury Lawyers has decades of experience representing injured workers across Nebraska and Iowa. We understand how insurers operate and know how to prevent delay tactics from damaging your claim. Contact us today for a free consultation and let our team help you secure timely, fair compensation.
David O’Neill at Hauptman, O’Brien Personal Injury Lawyers handled both of our cases and did excellent work. He communicates clearly, explains every step, returns calls, and follows through. Both cases moved forward smoothly with no confusion and no wasted time. If you need a personal injury attorney, contact David O’Neill because you will feel informed and supported from start to finish.