Chapter 48 — LABOR
917 sections in this chapter.
Neb. Rev. Stat. § 48-1401 Political subdivisions; exception; deferred compensation plan; provisions; investment.
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(1)(a) Any county, municipality, or other political subdivision, instrumentality, or agency of the State of Nebraska, except any agency subject to sections 84-1504 to 84-1506 or section 85-106, 85-320, or 85-606.01, may enter into an agreement to defer a portion of any individual…
Neb. Rev. Stat. § 48-141 Lump-sum settlement; finality; periodic payment; modification.
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All amounts paid by an employer or by an insurance company carrying such risk, as the case may be, and received by the employee or his or her dependents by lump-sum payments pursuant to section 48-139 shall be final and not subject to readjustment if the lump-sum settlement is in…
Neb. Rev. Stat. § 48-142 Compensation; amount agreed upon; payment to trustee; procedure.
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At any time after the amount of any award has been agreed upon by the parties and approved by the Nebraska Workers' Compensation Court, a sum equal to the present value of all future installments of compensation may, when death or the nature of the injury renders the amount of fu…
Neb. Rev. Stat. § 48-143 Compensation; death benefits; absence of qualified administrator; payment; to whom made.
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In case of death, where no executor or administrator is qualified, the Nebraska Workers' Compensation Court shall, by order, direct payment to be made to such person as would be appointed administrator of the estate of such decedent, upon like terms as to bond for the proper appl…
Neb. Rev. Stat. § 48-144 Accidents and settlements; reports; death of alien employee; notice to consul.
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(1) Reports of accidents and settlements shall be made in a form and manner prescribed by the administrator of the Nebraska Workers' Compensation Court. Such reports, if filed by a workers' compensation insurer on behalf of an employer, shall be deemed to have been filed by the e…
Neb. Rev. Stat. § 48-144.01 Injuries; reports; time within which to file; notification; confidentiality; exceptions; terms, defined.
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(1)(a) In every case of reportable injury arising out of and in the course of employment, the employer or workers' compensation insurer shall file a report thereof with the Nebraska Workers' Compensation Court. Such report shall be filed within ten days after the employer or insu…
Neb. Rev. Stat. § 48-144.02 Compensation insurance carrier; risk management pool; reports; time within which to file.
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(1) Whenever any insurance carrier shall write a policy of workers' compensation insurance under the Nebraska Workers' Compensation Act, such carrier shall file a report showing the name and address of the insured employer, the name of the insurance carrier, the policy number, th…
Neb. Rev. Stat. § 48-144.03 Workers' compensation insurance policy; master policy obtained by professional employer organization; notice of cancellation or nonrenewal; termination of coverage; notice; effective date.
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(1) Notwithstanding policy provisions that stipulate a workers' compensation insurance policy to be a contract with a fixed term of coverage that expires at the end of the term, coverage under a workers' compensation insurance policy shall continue in full force and effect until …
Neb. Rev. Stat. § 48-144.04 Reports; penalties for not filing; statutes of limitations not to run until report furnished.
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Any employer, workers' compensation insurer, or risk management pool who fails, neglects, or refuses to file any report required of him or her by the Nebraska Workers' Compensation Court shall be guilty of a Class II misdemeanor for each such failure, neglect, or refusal. It shal…
Neb. Rev. Stat. § 48-145 Employers; compensation insurance required; exceptions; effect of failure to comply; self-insurer; payments required; deposit with State Treasurer.
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To secure the payment of compensation under the Nebraska Workers' Compensation Act: (1) Every employer in the occupations described in section 48-106, except the State of Nebraska and any governmental agency created by the state, shall either (a) insure and keep insured its liabi…
Neb. Rev. Stat. § 48-145.01 Employers; compensation required; penalty for failure to comply; injunction; Attorney General; duties.
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(1) Any employer required to secure the payment of compensation under the Nebraska Workers' Compensation Act who willfully fails to secure the payment of such compensation shall be guilty of a Class I misdemeanor. If the employer is a corporation, limited liability company, or li…
Neb. Rev. Stat. § 48-145.02 Employers; reports required.
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Every employer shall upon request of the administrator of the Nebraska Workers' Compensation Court report to the administrator (1) the number of its employees and the nature and location of their work, (2) the name of the workers' compensation insurer with whom the employer has i…
Neb. Rev. Stat. § 48-145.03 Employers; other liabilities not affected.
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Sections 48-125.01, 48-145.01, and 48-145.02 shall not affect any other liability of the employer under the Nebraska Workers' Compensation Act.
Neb. Rev. Stat. § 48-145.04 Self-insurance; assessment; payments.
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(1) The administrator of the Nebraska Workers' Compensation Court shall, prior to January 1 of each year, estimate as closely as possible the actual cost to the court of evaluating an application for self-insurance and supervising and administering the self-insurance program for …
Neb. Rev. Stat. § 48-146 Compensation insurance; provisions required; approval by Department of Insurance; effect of bankruptcy.
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No policy of insurance against liability arising under the Nebraska Workers' Compensation Act shall be issued and no agreement pursuant to section 44-4304 providing group self-insurance coverage of workers' compensation liability by a risk management pool shall have any force or …
Transferred to section 44-3,158.
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[Repealed or reserved.]
Neb. Rev. Stat. § 48-146.02 Insurance provider; risk management pool; suspension or revocation of authority to provide compensation insurance; Attorney General; duties; grounds.
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(1)(a) If a three-judge panel of the Nebraska Workers' Compensation Court finds, after due notice and hearing at which the workers' compensation insurer is entitled to be heard and present evidence, that such insurer has failed to comply with an obligation under the Nebraska Work…
Neb. Rev. Stat. § 48-146.03 Workers' compensation insurance policy; deductible options; exception; liability; insurer; duties; prohibited acts; violation; penalty.
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(1) Each workers' compensation insurance policy issued by an insurer pursuant to the Nebraska Workers' Compensation Act: (a) Shall offer, at the option of the insured employer, a deductible for medical benefits in the amount of five hundred dollars to two thousand five hundred do…
Neb. Rev. Stat. § 48-147 Liability insurance; existing contract; effect of law; violations; penalty.
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Nothing in the Nebraska Workers' Compensation Act shall affect any existing contract for employers liability insurance, or affect the organization of any mutual or other insurance company, or any arrangement existing between employers and employees, providing for payment to such …
Neb. Rev. Stat. § 48-148 Compensation; action to recover; release of claim at law.
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If any employee, or his or her dependents in case of death, of any employer subject to the Nebraska Workers' Compensation Act files any claim with, or accepts any payment from such employer, or from any insurance company carrying such risk, on account of personal injury, or makes…
Neb. Rev. Stat. § 48-148.01 Denial of compensation; false representation.
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No compensation shall be allowed if, at the time of or in the course of entering into employment or at the time of receiving notice of the removal of conditions from a conditional offer of employment: (1) The employee knowingly and willfully made a false representation as to his …
Neb. Rev. Stat. § 48-148.02 Debt collection; limitations; notice; contents; delivery; Attorney General; ensure compliance; stay of lawsuits; effect on statute of limitations.
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(1) After receipt of the notices provided for in this section, no debt collection shall be undertaken by a provider of services, supplier of services, collection agency, collector, or creditor attempting to collect a debt incurred against an employee or his or her spouse for trea…
Neb. Rev. Stat. § 48-149 Compensation payments; nonassignable; not subject to attachment; exceptions.
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No proceeds or interest thereon from payments or lump-sum settlements under the Nebraska Workers' Compensation Act or law of another state which provides compensation and benefits for employees sustaining job-related injuries shall be assignable, subject to attachment or garnishm…
Neb. Rev. Stat. § 48-150 Compensation claims; same preference as wage claims.
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The right to compensation and all compensation awarded any injured employee or for death claims to his or her dependents in any amount shall have the same preference against the assets of the employer as unpaid wages for labor, but such compensation shall not become a lien on the…
Neb. Rev. Stat. § 48-1501 Sheltered workshop, defined.
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As used in sections 48-1501 to 48-1506, unless the context otherwise requires, sheltered workshop shall mean a facility in Nebraska operated by a public agency or a private nonprofit corporation organized for the primary purpose of employment of and service to physically or menta…
Neb. Rev. Stat. § 48-1502 Sheltered workshop; negotiate contracts; conditions.
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To negotiate contracts pursuant to sections 48-1501 to 48-1506, a sheltered workshop shall: (1) Employ a minimum of ten physically or mentally disabled clients; (2) Provide disabled clients with a wage at a level consistent with their health, efficiency, and general well-being as…
Neb. Rev. Stat. § 48-1503 Governmental subdivisions; direct negotiation for products and services; considerations; procedures; contract requirements.
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Whenever the State of Nebraska, any department or any agency thereof, or any county, municipality, school district, township, or other governmental subdivision is required to advertise for bids pursuant to any statutes of the State of Nebraska, it may directly negotiate and contr…
Neb. Rev. Stat. § 48-1504 Conduct prohibited.
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No person shall engage in, aid, or abet any person in any conduct, fraudulent activity, or misrepresentation of the facts in violation of sections 48-1501 to 48-1503.
Neb. Rev. Stat. § 48-1505 Violations; penalty.
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A person violating any provision of sections 48-1501 to 48-1504 shall be guilty of a Class IV misdemeanor. In the case of a continuing violation, each day shall constitute a separate offense.
Neb. Rev. Stat. § 48-1506 Home rule charter cities; direct negotiation for products and services.
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Notwithstanding the provisions for public lettings required by a city home rule charter adopted pursuant to Article XI of the Constitution, the governing body of any such city may negotiate directly with a sheltered workshop pursuant to section 48-1503.
Neb. Rev. Stat. § 48-151 Terms, defined.
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Throughout the Nebraska Workers' Compensation Act, the following words and phrases shall be considered to have the following meaning, respectively, unless the context clearly indicates a different meaning in the construction used: (1) Physician means any person licensed to practi…
Neb. Rev. Stat. § 48-152 Nebraska Workers' Compensation Court; creation; jurisdiction; judges; selected or retained in office.
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Recognizing that (1) industrial relations between employers and employees within the State of Nebraska are affected with a vital public interest, (2) an impartial and efficient administration of the Nebraska Workers' Compensation Act is essential to the prosperity and well-being …
Neb. Rev. Stat. § 48-152.01 Nebraska Workers' Compensation Court; judges; judicial nominating commission; selection.
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The members of the judicial nominating commission for the Nebraska Workers' Compensation Court shall be selected on a statewide basis as provided in section 24-803.
Neb. Rev. Stat. § 48-153 Judges; number; term; continuance in office; prohibition on holding other office or pursuing other occupation.
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(1) The Nebraska Workers' Compensation Court shall consist of six judges. (2) The right of judges of the compensation court to continue in office shall be determined in the manner provided in sections 24-813 to 24-818, and the terms of office thereafter shall be for six years beg…
Neb. Rev. Stat. § 48-153.01 Nebraska Workers' Compensation Court judge; eligibility.
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No person shall be eligible for the office of judge of the Nebraska Workers' Compensation Court unless he or she: (1) Is at least thirty years of age; (2) Is a citizen of the United States; (3) Has been engaged in the practice of law in the State of Nebraska for at least five yea…
Neb. Rev. Stat. § 48-154 Judges; removal; grounds.
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Any judge of the Nebraska Workers' Compensation Court may be removed in the same manner and for the same causes as a judge of the district court may be removed.
Neb. Rev. Stat. § 48-155 Presiding judge; how chosen; term; powers and duties; acting presiding judge; selection; powers.
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The judges of the Nebraska Workers' Compensation Court shall, on July 1 of every odd-numbered year by a majority vote, select one of their number as presiding judge for the next two years, subject to approval of the Supreme Court. The presiding judge may designate one of the othe…
Neb. Rev. Stat. § 48-155.01 Judges; appointment of acting judge; compensation.
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(1) The Governor may, by single order, appoint a qualified person meeting the eligibility requirements of section 48-153.01 to serve as acting judge of the Nebraska Workers' Compensation Court. Such appointment shall be for a period of two years. In determining whether a person i…
Neb. Rev. Stat. § 48-156 Judges; quorum; powers.
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A majority of the judges of the Nebraska Workers' Compensation Court shall constitute a quorum to adopt rules and regulations, as provided in sections 48-163 and 48-164, to transact business, except when the statute or a rule adopted by the compensation court permits one judge th…
Neb. Rev. Stat. § 48-157 Clerk; administrator; appointment; duties.
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(1) The presiding judge of the Nebraska Workers' Compensation Court shall appoint a clerk of the compensation court and such employees as the compensation court deems necessary to support the judicial proceedings of the compensation court, subject to approval of the compensation …
Neb. Rev. Stat. § 48-158 Judges; administrator; clerk; bond or insurance; oath.
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Each of the judges of the Nebraska Workers' Compensation Court, the administrator of the compensation court, and the clerk of the compensation court shall, before entering upon or discharging any of the duties of his or her office, be bonded or insured as required by section 11-2…
Neb. Rev. Stat. § 48-159 Nebraska Workers' Compensation Court; judges; employees; salary; expenses.
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(1) As soon as the same may be legally paid under the Constitution of Nebraska, each judge of the Nebraska Workers' Compensation Court shall receive an annual salary of ninety-two and one-half percent of the salary set for the Chief Justice and judges of the Supreme Court, payabl…
Repealed. Laws 1953, c. 164, § 3.
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[Repealed or reserved.]
Repealed. Laws 1957, c. 206, § 3.
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[Repealed or reserved.]
Repealed. Laws 1959, c. 266, § 1.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 341, § 1.
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[Repealed or reserved.]
Repealed. Laws 1965, c. 281, § 3.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 411, § 1.
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[Repealed or reserved.]
Repealed. Laws 1986, LB 811, § 149.
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[Repealed or reserved.]
Neb. Rev. Stat. § 48-159.08 Judges; salary increase; when effective.
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Section 48-159 shall be so interpreted as to effectuate its general purpose, to provide, in the public interest, adequate compensation as therein provided for judges of the Nebraska Workers' Compensation Court and to give effect to such salary as soon as same may become operative…