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Are employers financially responsible for a work-related injury if the injured employee was under the influence of drugs and alcohol?
It is important to note that laws and regulations may vary depending on the jurisdiction and the specific circumstances of each case. However, in general, if an employee is injured at work while under the influence of drugs or alcohol, the employer may not be held financially responsible for the injury.
In many jurisdictions, workers' compensation laws typically provide benefits for employees who suffer work-related injuries, regardless of fault. However, these laws often include exceptions for cases where the employee's injury was caused by their own willful misconduct or intoxication. If it can be proven that the employee's drug or alcohol use was the primary cause of their injury, the employer may not be required to provide workers' compensation benefits.
It is essential for employers to have clear drug and alcohol policies in place, as well as to conduct post-accident drug and alcohol testing when appropriate. This can help establish whether an employee was under the influence at the time of the injury and protect the employer from unwarranted financial liability.
That being said, even if an employer is not financially responsible for the injury, they may still have a legal obligation to provide a safe working environment and to take steps to prevent similar incidents in the future.
Ultimately, the specific details of each case and the applicable laws in the jurisdiction will determine whether an employer is financially responsible for a work-related injury involving an employee who was under the influence of drugs or alcohol. It is recommended that employers consult with legal counsel to understand their rights and responsibilities in such situations.
Questions? or need an employment lawyer? - marcia.washkuhn@kutakrock.com Employment Law | Services | Kutak Rock LLP

Understanding the First Report of Occupational Injury or Illness (NWCC Form 1)
Workplace injuries, while unfortunate, must be managed with precision and regulatory compliance. One of the most critical tools in this process is the First Report of Alleged Occupational Injury or Illness, commonly referred to as the First Report of Injury (FROI). In Nebraska, this is formalized through NWCC Form 1 (Revised 03-02), issued by the Nebraska Workers’ Compensation Court (NWCC).
This article explains the purpose, structure, and proper use of the form, providing insight into how it supports both legal compliance and effective claims management.
Purpose of the First Report Form
The NWCC Form 1 is more than just paperwork—it initiates and documents the legal and administrative process following a work-related injury or illness. Specifically, it serves to:
- Satisfy Nebraska workers' compensation reporting requirements
- Initiate the claims process for employee benefits
- Assist in OSHA compliance and injury tracking
- Facilitate coordination between employers, insurance carriers, and third-party administrators (TPAs)
Timely and accurate completion of this form is mandatory to ensure smooth claims processing and avoid legal or financial penalties.
Core Sections and Their Functions
1. Employer and Insurance Information
This section collects details about the employer and their workers' compensation coverage. Key fields include:
- Employer FEIN and SIC Code: Used to identify and classify the employer.
- Report Purpose Code: Indicates if the form is an original, correction, or other type of report.
- Insurance Carrier Information: Includes the carrier's name, FEIN, contact details, policy number, and coverage period.
- Claim Administrator: Identifies the party managing the claim, which may differ from the insurer (e.g., a TPA or risk pool).
2. Employee Information
Accurate employee data is critical for proper benefit calculation and claim identification:
- Personal Information: Name, address, phone number, date of birth, Social Security number, and hire date.
- Job and Compensation Details: Job title, employment status (full-time, part-time), scheduled workdays per week, and wage structure (hourly, weekly, etc.).
- Dependent and Marital Status: Used to help determine certain benefit calculations.
3. Incident Details
The heart of the report lies in this section, which captures:
- Date and Time of Injury: When the employee began work and when the injury occurred.
- Location of Incident: Including whether it occurred on the employer's premises.
- Injury Description:
- Type of Injury/Illness (e.g., "sprained ankle")
- Part of Body Affected (e.g., "left ankle")
- Cause and Mechanism: Narrative describing how the injury occurred, including any equipment or activity involved.
- Standardized Codes: Nature, body part, and cause of injury codes for data consistency.
4. Medical Treatment and Reporting
This section outlines how the injury was treated and includes:
- Initial Treatment Level: Options range from no medical treatment to emergency care or hospitalization over 24 hours.
- Healthcare Provider Info: The name of the treating provider or facility.
- Disability and Return to Work Dates: When applicable, includes date of disability onset and date the employee returned to work.
- Fatal Injuries: If applicable, the date of death must be recorded.
5. Administrative Details
The form concludes with metadata such as:
- Date Employer Notified
- Date Claim Administrator Notified
- Form Preparer’s Name, Title, Phone Number
- Date Prepared
Instructions and Coding Reference
The second page of NWCC Form 1 provides detailed instructions and definitions for every field on the form. This includes:
- Mandatory Fields: Marked in bold—if missing, the form will be rejected.
- Code Definitions: For occupational codes, injury type, and report purpose.
- Clarification on jurisdiction claims, OSHA case numbers, and policy details.
This structured guidance ensures consistency across all employers and claims administrators when reporting injuries.
Compliance Tips and Best Practices
- Complete All Mandatory Fields: To avoid rejection or delay.
- Submit Promptly: File immediately after the incident or as soon as the employer becomes aware of it.
- Use Standard Codes: These aid in regulatory reporting and internal analytics.
- Keep Copies: Retain for employer records and share with insurers and administrators.
- Review for Accuracy: Errors in time, dates, or treatment levels can complicate claims.
Conclusion
The First Report of Injury (NWCC Form 1) is a cornerstone of compliant occupational health and safety administration. Employers and administrators should treat its completion with care and urgency. Proper use of this form protects employees' rights, limits employer liability, and ensures streamlined coordination with insurers and regulatory bodies.
If your organization needs a PDF copy or help completing, call 402-502-1819 or email eric@integratedcarellc.com.

Desk Posture, Daily Health: How to Protect Your Spine and Boost Productivity
Modern work life often means long hours seated at a desk, staring at a screen. While convenient for productivity, this sedentary lifestyle poses significant risks to our musculoskeletal health. Fortunately, with proper posture practices and supportive care like chiropractic treatment, you can mitigate these risks and maintain long-term physical wellness.
The Hidden Toll of Poor Desk Posture
When we sit for extended periods, particularly with poor posture, the spine absorbs much of the strain. Slouched shoulders, forward head posture, and unsupported lower backs can gradually lead to:
- Neck and back pain
- Muscle fatigue and stiffness
- Headaches and migraines
- Reduced circulation
- Increased risk of repetitive strain injuries (RSIs)
Over time, poor posture can even cause structural imbalances in the spine and contribute to chronic musculoskeletal disorders.
Ergonomic Best Practices for Desk Workers
Investing in proper ergonomics and being mindful of your posture can greatly reduce physical strain. Here are key adjustments and habits to promote spine health:
1. Chair Setup
- Choose an adjustable chair with lumbar support.
- Hips and knees should be at 90-degree angles.
- Feet flat on the floor or on a footrest.
2. Monitor Position
- Top of the monitor should be at or slightly below eye level.
- Keep the screen about an arm’s length away to avoid leaning forward.
3. Desk and Keyboard
- Forearms parallel to the ground, with elbows close to your sides.
- Wrists should remain neutral — not bent upwards or downwards.
4. Movement Breaks
- Stand or stretch at least once every 30–60 minutes.
- Consider using a sit-stand desk to alternate positions throughout the day.
- Incorporate light walking or stretching exercises into your day.
How Chiropractic Care Supports Desk Workers
Chiropractors specialize in diagnosing and treating disorders of the spine, muscles, and joints. For individuals sitting at a desk all day, chiropractic care offers several key benefits:
Spinal Alignment and Pain Relief
Chiropractic adjustments realign the vertebrae, relieving pressure on nerves and reducing pain, particularly in the neck, shoulders, and lower back.
Postural Assessment and Education
Chiropractors often conduct postural screenings and provide personalized advice on correcting poor habits and setting up an ergonomic workspace.
Injury Prevention
By restoring normal spinal function and addressing muscle imbalances, chiropractic care helps prevent repetitive strain injuries and chronic musculoskeletal conditions.
Improved Flexibility and Circulation
Manual therapy techniques used in chiropractic care improve joint mobility and enhance blood flow — both of which are critical for sedentary individuals.
Final Thoughts: Proactive Care Pays Off
Desk jobs aren’t going anywhere — but neither should your health. A proactive approach combining proper posture, ergonomic adjustments, and chiropractic care can help you feel better, move better, and work better. If you’re experiencing discomfort, don’t wait for it to become a chronic issue. Consulting with a chiropractor can be a smart step toward long-term wellness.

Understanding an Impairment Rating Evaluation (IRE)
If you've experienced a work-related injury, been involved in an accident, or are coping with a long-term illness, you may be required to undergo an Impairment Rating Evaluation, commonly referred to as an IRE.
What Is an Impairment Rating Evaluation?
An Impairment Rating Evaluation is a standardized medical assessment used to determine the severity of a person’s physical or mental impairment resulting from an injury or illness. It plays a critical role in resolving complex legal and insurance claims, including workers' compensation and disability claims.
The results from an IRE provide answers to key questions:
- What is the degree of your impairment? (Rated on a scale from 0% to 100%)
- Is the impairment temporary or permanent?
- Is it partial or total?
Following the evaluation, you'll receive a percentage-based impairment score. This score is referenced by:
- Workers’ compensation insurance providers
- The Social Security Administration
- Attorneys or other legal professionals managing your claim
Ultimately, an IRE ensures transparency and fairness for all involved parties — especially you.
What to Expect at Integrated Care
By federal law, Impairment Rating Evaluations must be conducted by a qualified healthcare professional — either a physician or a licensed physical therapist — who adheres to the latest edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment.
Key points to know about the IRE process at Integrated Care:
- The evaluation is an independent medical examination and is conducted by professionals not involved in your current case.
- We strictly follow nationally recognized medical standards and guidelines.
- Evaluations are offered at two convenient locations in Omaha, Nebraska.
Our mission is to deliver objective, compliant, and compassionate care throughout the evaluation process.
Have Questions? We’re Here to Help.
If you're scheduled for an Impairment Rating Evaluation or simply want to learn more about the process, don’t hesitate to reach out.
📧 Contact: alex@integratedcarellc.com