Chapter 48, LABOR
670 sections in this chapter.
Neb. Rev. Stat. § 48-1,100 Attorney General; represent state; duties; powers.
0.2K chars
The Attorney General shall represent the state in any suit brought under sections 48-192 to 48-1,109, and is authorized to compromise or settle any such suit, with the approval of the Nebraska Workers' Compensation Court.
Neb. Rev. Stat. § 48-1,101 Attorney General; delegation of powers and duties.
0.3K chars
The Attorney General may authorize the deputy attorney general in charge of the Claims Division of the Department of Justice to perform any of the duties imposed upon the Attorney General by sections 48-192 to 48-1,109, and may employ other persons, firms, or corporations to inve…
Neb. Rev. Stat. § 48-1,102 Award or judgment; payment; procedure.
1.1K chars
Any final, nonappealable award or judgment in favor of a claimant under sections 48-192 to 48-1,109 shall be certified by the Attorney General to the Risk Manager and to the Director of Administrative Services. The Director of Administrative Services shall promptly issue his or h…
Neb. Rev. Stat. § 48-1,103 Workers' Compensation Claims Revolving Fund; established; deficiency; notify Legislature; investment.
1.1K chars
There is hereby established in the state treasury a Workers' Compensation Claims Revolving Fund, to be administered by the Risk Manager, from which all workers' compensation costs, including prevention and administration, shall be paid. The fund may also be used to pay the costs …
Neb. Rev. Stat. § 48-1,104 Risk Manager; report; contents.
0.5K chars
The Risk Manager shall submit electronically a report to the Clerk of the Legislature by January 15 of each year, which report shall include the number of claims for which payments have been made, the amounts paid by categories of medical, hospital, compensation, and other costs …
Neb. Rev. Stat. § 48-1,105 Immunity of state reserved; exception.
0.3K chars
From and after August 27, 1971, the authority of any state agency to sue or be sued in its own name shall not be construed to authorize suits against such state agency on workers' compensation claims except as authorized in sections 48-192 to 48-1,109. The remedies provided by se…
Neb. Rev. Stat. § 48-1,106 Sections, how construed.
0.3K chars
Nothing in sections 48-192 to 48-1,109 shall be deemed to repeal any provision of law authorizing any state agency to consider, ascertain, adjust, compromise, settle, determine, allow, or pay any claim other than a workers' compensation claim as defined in sections 48-192 to 48-1…
Neb. Rev. Stat. § 48-1,107 Insurance; Risk Manager; purchase; when.
0.6K chars
The Risk Manager may, if after proper investigation he or she deems it to be in the best interests of the state, purchase a policy or policies of insurance for investigation, servicing, and payment, or any one or two of such factors, of workers' compensation to protect the agenci…
Neb. Rev. Stat. § 48-1,108 Insurance policy; applicability; company; Attorney General; Risk Manager; cooperate.
0.3K chars
Whenever a claim or suit against the state is covered by workers' compensation insurance, the provisions of the insurance policy on defense and settlement shall be applicable notwithstanding any inconsistent provisions of sections 48-192 to 48-1,109. The Attorney General and the …
Neb. Rev. Stat. § 48-1,109 Employees; information; furnish; refusal; effect.
0.6K chars
When any employee is injured in any accident or suffers any occupational disease arising out of or in the course of his or her employment, such employee as soon as practicable shall report full information on such occurrence to the head of the agency by which he or she is employe…
Neb. Rev. Stat. § 48-1,110 Act, how cited.
0.1K chars
Sections 48-101 to 48-1,117 shall be known and may be cited as the Nebraska Workers' Compensation Act.
Neb. Rev. Stat. § 48-1,112 Laws 2011, LB151, changes; applicability.
0.5K chars
Cases pending before the Nebraska Workers' Compensation Court on August 27, 2011, in which a hearing on the merits has been held prior to such date shall not be affected by the changes made in sections 48-125, 48-145.01, 48-155, 48-156, 48-170, 48-178, 48-180, 48-182, and 48-185 …
Neb. Rev. Stat. § 48-1,113 Insurance company and risk management pool; annual payment; amount; Director of Insurance; powers and duties.
2.5K chars
Every insurance company which is transacting workers' compensation insurance business in this state shall on or before March 1 of each year pay to the Director of Insurance an amount equal to one percent of the gross amount of direct writing premiums received by the company durin…
Neb. Rev. Stat. § 48-1,114 Self-insurer; annual payment; amount.
0.5K chars
Every employer in the occupations described in section 48-106 who qualifies as a self-insurer and is issued a permit to self-insure shall remit to the State Treasurer for credit to the Compensation Court Cash Fund an annual amount equal to one and one-quarter percent of the prosp…
Neb. Rev. Stat. § 48-1,115 Other payments; cumulative.
0.3K chars
The amounts required to be paid by insurance companies, risk management pools, and self-insurers under sections 48-1,113 and 48-1,114 shall be in addition to any other amounts, either in taxes, assessments, or otherwise, required by any other law of this state.
Neb. Rev. Stat. § 48-1,116 Compensation Court Cash Fund; created; use; investment.
1.2K chars
The Compensation Court Cash Fund is hereby created. The fund shall be used to aid in providing for the expense of administering the Nebraska Workers' Compensation Act and the payment of the salaries and expenses of the personnel of the Nebraska Workers' Compensation Court. All fe…
Neb. Rev. Stat. § 48-1,117 Compensation Court Cash Fund; accounting; abatement of contributions.
1.0K chars
The Department of Administrative Services shall furnish monthly to the Nebraska Workers' Compensation Court a statement of the Compensation Court Cash Fund setting forth the balance in the fund as of the first day of the preceding month, the income and its sources, the payments f…
Neb. Rev. Stat. § 48-1,118 Cost-benefit analysis and review of Laws 1993, LB 757; reports.
1.0K chars
On January 1, 1997, the Governor shall direct the Director of Insurance and the Commissioner of Labor to conduct and complete a cost-benefit analysis and a review of the effectiveness of the changes made by Laws 1993, LB 757, to control or reduce the cost of workers' compensation…
Neb. Rev. Stat. § 48-1001 Act, how cited; discrimination in employment because of age; policy; declaration of purpose.
1.3K chars
(1) Sections 48-1001 to 48-1010 shall be known and may be cited as the Age Discrimination in Employment Act. (2)(a) The Legislature hereby finds that the practice of discriminating in employment against properly qualified persons because of their age is contrary to American princ…
Neb. Rev. Stat. § 48-1002 Terms, defined.
1.7K chars
For purposes of the Age Discrimination in Employment Act: (1) Person includes one or more individuals, partnerships, limited liability companies, associations, labor organizations, corporations, business trusts, legal representatives, or any organized group of persons; (2) Employ…
Neb. Rev. Stat. § 48-1003 Limitation on prohibitions; practices not prevented or precluded.
0.6K chars
(1) The prohibitions of the Age Discrimination in Employment Act shall be limited to the employment of individuals who are forty years or more of age. (2) Nothing contained in the act shall be construed as making it unlawful for an employer, employment agency, or labor organizati…
Neb. Rev. Stat. § 48-1004 Unlawful employment practices; enumerated.
1.8K chars
(1) It shall be an unlawful employment practice for an employer: (a) To refuse to hire, to discharge, or otherwise to discriminate against any individual with respect to the employee's terms, conditions, or privileges of employment, otherwise lawful, because of such individual's …
Neb. Rev. Stat. § 48-1005 Violations; penalty.
0.4K chars
Any person who violates any provision of the Age Discrimination in Employment Act or who forcibly resists, opposes, impedes, intimidates, or interferes with the Equal Opportunity Commission or any of its duly authorized representatives while engaged in its, his, or her duties und…
Neb. Rev. Stat. § 48-1007 Equal Opportunity Commission; enforcement; powers.
1.3K chars
The Age Discrimination in Employment Act shall be administered by the Equal Opportunity Commission as established by section 48-1116. The commission shall have the power (1) to make delegations, to appoint such agents and employees and to pay for technical assistance, including l…
Neb. Rev. Stat. § 48-1008 Alleged violation; aggrieved person; complaint; investigation; civil action, when; filing, effect; written change; limitation on action; respondent; file written response; commission; powers.
2.3K chars
(1) Any person aggrieved by a suspected violation of the Age Discrimination in Employment Act shall file with the Equal Opportunity Commission a formal complaint in such manner and form prescribed by the commission. The commission shall make an investigation and may initiate an a…
Neb. Rev. Stat. § 48-1009 Court; jurisdiction; relief.
0.4K chars
In any action brought to enforce the Age Discrimination in Employment Act, the court shall have jurisdiction to grant such legal or equitable relief as the court deems appropriate to effectuate the purposes of the act, including judgments compelling employment, reinstatement, or …
Neb. Rev. Stat. § 48-101 Personal injury; employer's liability; compensation, when.
0.3K chars
When personal injury is caused to an employee by accident or occupational disease, arising out of and in the course of his or her employment, such employee shall receive compensation therefor from his or her employer if the employee was not willfully negligent at the time of rece…
Neb. Rev. Stat. § 48-101.01 Mental injuries and mental illness; first responder; frontline state employee; county correctional officer; legislative findings; evidentiary burden; compensation; when; first responder; resilience training; department; duties.
7.3K chars
(1) The Legislature finds and declares: (a) The occupations of first responders are recognized as stressful occupations. Only our nation's combat soldiers endure more stress. Similar to military personnel, first responders face unique and uniquely dangerous risks in their sworn m…
Neb. Rev. Stat. § 48-1010 Suits against governmental bodies; authorized.
0.2K chars
The state, governmental agencies, and political subdivisions may be sued upon claims arising under the Age Discrimination in Employment Act in the same manner as provided by such act for suits against other employers.
Neb. Rev. Stat. § 48-102 Employer's liability; negligence; action; defenses denied.
0.5K chars
In all cases brought under sections 48-101 to 48-108, it shall not be a defense (a) that the employee was negligent, unless it shall also appear that such negligence was willful, or that the employee was in a state of intoxication; (b) that the injury was caused by the negligence…
Neb. Rev. Stat. § 48-103 Employer's liability; defenses; when not available.
0.5K chars
If an employer, as defined in section 48-106, does not carry a policy of workers' compensation insurance nor qualify as a self-insurer or, in the case of an employer who is a lessor of one or more commercial motor vehicles leased to a self-insured motor carrier, is not a party to…
Neb. Rev. Stat. § 48-105 Preceding sections; application.
0.2K chars
The provisions of sections 48-101 to 48-103 shall apply to any claim for the death of an employee arising under sections 30-809 and 30-810 concerning death by wrongful act.
Neb. Rev. Stat. § 48-106 Employer; coverage of act; excepted occupations; election to provide compensation.
6.6K chars
(1) The Nebraska Workers' Compensation Act shall apply to the State of Nebraska, to every governmental agency created by the state, and, except as provided in this section, to every resident employer in this state and nonresident employer performing work in this state who employs…
Neb. Rev. Stat. § 48-107 Employer's liability; employee's willful negligence; burden of proof.
0.2K chars
In all actions at law brought pursuant to sections 48-101 to 48-108 the burden of proof to establish willful negligence of the injured employee shall be on the defendant.
Neb. Rev. Stat. § 48-108 Employer's liability; claim for legal services or disbursements; lien; how established; payment.
0.8K chars
No claim or agreement for legal services or disbursements in support of any demand made or suit brought under the Nebraska Workers' Compensation Act shall be an enforceable lien against the amounts to be paid as damages or compensation or be valid or binding in any other respect,…
Neb. Rev. Stat. § 48-109 Elective compensation; schedule; duty.
0.4K chars
If both employer and employee become subject to the Nebraska Workers' Compensation Act, both shall be bound by the schedule of compensation provided in such act, which compensation shall be paid in every case of injury or death caused by accident or occupational disease arising o…
Neb. Rev. Stat. § 48-110 Elective compensation; liability; scope.
0.6K chars
When employer and employee shall by agreement, express or implied, or otherwise as provided in section 48-112 accept the provisions of the Nebraska Workers' Compensation Act, compensation shall be made for personal injuries to or for the death of such employee by accident arising…
Neb. Rev. Stat. § 48-1101 Act, how cited.
0.1K chars
Sections 48-1101 to 48-1127 shall be known and may be cited as the Nebraska Fair Employment Practice Act.
Neb. Rev. Stat. § 48-1101.01 Purpose.
1.8K chars
(1) It is the policy of this state to foster the employment of all employable persons in the state on the basis of merit regardless of their race, color, religion, sex, disability, national origin, or military or veteran status and to safeguard their right to obtain and hold empl…
Neb. Rev. Stat. § 48-1102 Terms, defined.
8.6K chars
For purposes of the Nebraska Fair Employment Practice Act, unless the context otherwise requires: (1) Person shall include one or more individuals, labor unions, partnerships, limited liability companies, associations, corporations, legal representatives, mutual companies, joint-…
Neb. Rev. Stat. § 48-1103 Exceptions to act.
0.5K chars
The Nebraska Fair Employment Practice Act shall not apply to: (1) A religious corporation, association, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, or society of…
Neb. Rev. Stat. § 48-1104 Unlawful employment practice for an employer.
0.8K chars
It shall be an unlawful employment practice for an employer: (1) To fail or refuse to hire, to discharge, or to harass any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such…
Neb. Rev. Stat. § 48-1105 Unlawful employment practice for employment agency.
0.5K chars
It shall be an unlawful employment practice for an employment agency to: (1) Fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of race, color, religion, sex, disability, marital status, national origin, or military or veteran sta…
Neb. Rev. Stat. § 48-1106 Unlawful employment practice for labor organization.
0.9K chars
It shall be an unlawful employment practice for a labor organization: (1) To exclude or to expel from its membership, or otherwise to discriminate against, any individual because of race, color, religion, sex, disability, marital status, national origin, or military or veteran st…
Neb. Rev. Stat. § 48-1107 Unlawful employment practice controlling apprenticeship or training programs.
0.5K chars
It shall be an unlawful employment practice for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual because of race, color,…
Neb. Rev. Stat. § 48-1107.01 Unlawful employment practice for covered entity.
0.7K chars
It shall be an unlawful employment practice for a covered entity to: (1) Discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employe…
Neb. Rev. Stat. § 48-1107.02 Qualified individual with a disability; individual who is pregnant, who has given birth, or who has a related medical condition; discrimination, defined.
10.5K chars
(1) When referring to a qualified individual with a disability, discrimination shall include: (a) Limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of the applicant or employee because of the disability o…
Neb. Rev. Stat. § 48-1108 Lawful employment practices.
2.4K chars
Notwithstanding any other provision of the Nebraska Fair Employment Practice Act: (1) It shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify or refer for employment any individual, for a labor organizatio…
Neb. Rev. Stat. § 48-1108.01 Lawful employment practices for covered entity.
0.8K chars
It shall not be an unlawful employment practice for a covered entity to: (1) Prohibit the illegal use of drugs and the use of alcohol at the workplace by all employees; (2) Require that employees not be under the influence of alcohol or be engaging in the illegal use of drugs at …
Neb. Rev. Stat. § 48-111 Elective compensation; election; effect; exemption from liability; exception.
1.2K chars
Such agreement or the election provided for in section 48-112 shall be a surrender by the parties thereto of their rights to any other method, form, or amount of compensation or determination thereof than as provided in the Nebraska Workers' Compensation Act, and an acceptance of…