Nebraska
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 1 -- COMPENSATION BY ACTION AT LAW, MODIFICATION OF REMEDIES.
- 48-101. Personal injury; employer's liability; compensation, when
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...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 1 -- COMPENSATION BY ACTION AT LAW, MODIFICATION OF REMEDIES.
- 48-102. Employer's liability; negligence; action; defenses denied
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...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 1 -- COMPENSATION BY ACTION AT LAW, MODIFICATION OF REMEDIES.
- 48-103. Employer's liability; defenses; when not available
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...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 1 -- COMPENSATION BY ACTION AT LAW, MODIFICATION OF REMEDIES.
...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 1 -- COMPENSATION BY ACTION AT LAW, MODIFICATION OF REMEDIES.
- 48-105. Preceding sections; application
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. ...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 1 -- COMPENSATION BY ACTION AT LAW, MODIFICATION OF REMEDIES.
- 48-106. Employer; coverage of act; excepted occupations; election to provide compensation
(1) The Nebraska Workers' Compensation Act shall apply to the State of Nebraska and every governmental agency created by it, and to every employer in this state, including nonresident employers...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 1 -- COMPENSATION BY ACTION AT LAW, MODIFICATION OF REMEDIES.
- 48-107. Employer's liability; employee's willful negligence; burden of proof
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. ...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 1 -- COMPENSATION BY ACTION AT LAW, MODIFICATION OF REMEDIES.
- 48-108. Employer's liability; claim for legal services or disbursements; lien; how established; payment
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...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (a) GENERAL PROVISIONS GOVERNING ELECTION
- 48-109. Elective compensation; schedule; duty
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...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (a) GENERAL PROVISIONS GOVERNING ELECTION
- 48-110. Elective compensation; liability; scope
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...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (a) GENERAL PROVISIONS GOVERNING ELECTION
- 48-111. Elective compensation; election; effect; exemption from liability; exception
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...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (a) GENERAL PROVISIONS GOVERNING ELECTION
- 48-112. Elective compensation; presumption
In the occupations described in section 48-106, all contracts of employment shall be presumed to have been made with reference and subject to the Nebraska Workers' Compensation Act. Every such...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (a) GENERAL PROVISIONS GOVERNING ELECTION
...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (a) GENERAL PROVISIONS GOVERNING ELECTION
- 48-114. Employer, defined
The following shall constitute employers subject to the Nebraska Workers' Compensation Act: (1) the state and every governmental agency created by it; and (2) every person, firm, or corporation,...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (a) GENERAL PROVISIONS GOVERNING ELECTION
- 48-115.01. Employee; extend coverage; when
Sections 48-115, 48-115.01, and 48-146 shall be so construed as to effectuate their general purpose to extend workers' compensation coverage to additional employees and officers as soon as the...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (a) GENERAL PROVISIONS GOVERNING ELECTION
- 48-115.02. Lessor of commercial motor vehicles; agreement with self-insured motor carrier; authorized; effect
An employer who is a lessor of one or more commercial motor vehicles leased to a self-insured motor carrier, may agree with the self-insured motor carrier that benefits under the Nebraska Workers'...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (b) RIGHTS AND LIABILITIES OF THIRD PERSONS
- 48-116. Employers; evasion of law; what constitutes; exceptions
Any person, firm, or corporation creating or carrying into operation any scheme, artifice, or device to enable him or her, them, or it to execute work without being responsible to the workers for...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (b) RIGHTS AND LIABILITIES OF THIRD PERSONS
- 48-117. Employers; evasion of law; compensation; calculation
When compensation is claimed from or proceedings taken against a person, firm, or corporation under section 48-116, the compensation shall be calculated with reference to the wage the worker was...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (c) SCHEDULE OF COMPENSATION
- 48-119. Compensation; from what date computed
No compensation shall be allowed for the first seven calendar days of disability, except as provided in section 48-120, but if disability extends beyond the period of seven calendar days,...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (c) SCHEDULE OF COMPENSATION
- 48-120.01. Terms, defined
As used in section 48-120, unless the context otherwise requires: (1) Plastic surgery shall mean that branch of surgery concerned with the repair or restoration of lost, injured, or deformed...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (c) SCHEDULE OF COMPENSATION
- 48-121.01. Maximum and minimum weekly income benefit; amounts; Governor; power to suspend
(1) (a) (i) Commencing July 1, 1991, the maximum weekly income benefit under sections 48-121 and 48-122 shall be two hundred sixty-five dollars. (ii) Commencing June 1, 1994, the maximum...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (c) SCHEDULE OF COMPENSATION
- 48-121.02. State average weekly wage; how determined
For purposes of section 48-121.01, the state average weekly wage shall be determined by the Nebraska Workers' Compensation Court as follows: On or before October 1 of each year, the total insured...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (c) SCHEDULE OF COMPENSATION
- 48-122. Compensation; injuries causing death; amount and duration of payments; computation of wages; expenses of burial; alien dependents
(1) If death results from injuries and the deceased employee leaves one or more dependents dependent upon his or her earnings for support at the time of injury, the compensation, subject to...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (c) SCHEDULE OF COMPENSATION
- 48-122.01. Compensation; schedule
Compensation under section 48-122 shall be payable in the amount and to the following persons subject to the maximum limits specified in sections 48-122 and 48-122.03: (1) If there is a widow...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (c) SCHEDULE OF COMPENSATION
- 48-122.02. Compensation; cessation of income benefits; income benefits
Upon the cessation of income benefits under section 48-122.01 to or on account of any person, the income benefits of the remaining persons entitled to income benefits for the unexpired part of the...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (c) SCHEDULE OF COMPENSATION
- 48-122.03. Compensation; maximum weekly income benefits in case of death
The maximum weekly income benefits payable for all beneficiaries in case of death shall not exceed seventy-five percent of the average weekly wage of the deceased, subject to the maximum limits in...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (c) SCHEDULE OF COMPENSATION
- 48-123. Compensation; death of employee receiving disability payments; schedule
The death of an injured employee prior to the expiration of the period within which he or she would receive such disability payment shall be deemed to end such disability, and all liability for...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (c) SCHEDULE OF COMPENSATION
- 48-124. Dependents; terms, defined
The following persons shall be conclusively presumed to be dependent for support upon a deceased employee: (1) A wife upon a husband with whom she is living or upon whom she is actually dependent...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (c) SCHEDULE OF COMPENSATION
- 48-125. Compensation; method of payment; delay; review of award; attorney's fees; interest
(1) Except as hereinafter provided, all amounts of compensation payable under the Nebraska Workers' Compensation Act shall be payable periodically in accordance with the methods of payment of...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (c) SCHEDULE OF COMPENSATION
- 48-125.01. Compensation; penalties for attempted avoidance of payment
Any employer who knowingly transfers, sells, encumbers, assigns, or in any manner disposes of, conceals, secretes, or destroys any property or records belonging to such employer, after one of his...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (c) SCHEDULE OF COMPENSATION
- 48-126. Wages, defined; calculation
Wherever in the Nebraska Workers' Compensation Act the term wages is used, it shall be construed to mean the money rate at which the service rendered is recompensed under the contract of hiring in...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (c) SCHEDULE OF COMPENSATION
- 48-126.01. Volunteer fire department; emergency management agency, organization, or team; military forces; law enforcement reserve force; volunteer emergency medical service; members; wages; basis of computation
In determining the compensation to be paid any member of the military forces of this state, any member of a law enforcement reserve force, any member of a volunteer fire department in any rural or...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (c) SCHEDULE OF COMPENSATION
- 48-127. Compensation; willful negligence; intoxication; effect
If the employee is injured by reason of his or her intentional willful negligence, or by reason of being in a state of intoxication, neither he or she nor his or her beneficiaries shall receive...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (c) SCHEDULE OF COMPENSATION
- 48-128. Compensation; injury increasing disability; second injury; additional compensation; claim
(1) For injuries occurring before December 1, 1997: (a) If an employee who has a preexisting permanent partial disability whether from compensable injury or otherwise, which is or is likely to...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (c) SCHEDULE OF COMPENSATION
- 48-129. Compensation; joint employers; liability
In case any employee for whose injury or death compensation is payable under the Nebraska Workers' Compensation Act shall, at the time of the injury, be employed and paid jointly by two or more...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (c) SCHEDULE OF COMPENSATION
- 48-130. Compensation; savings; insurance; other benefits; not factors
No savings or insurance of the injured employee or any contribution made by him or her to any benefit fund or protective association independent of the Nebraska Workers' Compensation Act shall be...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (c) SCHEDULE OF COMPENSATION
- 48-131. Compensation; waiver by employee invalid
No agreement by an employee to waive his or her rights to compensation under the Nebraska Workers' Compensation Act shall be valid. ...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (c) SCHEDULE OF COMPENSATION
- 48-132. Compensation; employees or dependents under disability; rights; enforcement
If an injured employee or a dependent is mentally incompetent or is a minor at the time when any right or privilege accrues to him or her under the Nebraska Workers' Compensation Act, his or her...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (c) SCHEDULE OF COMPENSATION
- 48-133. Compensation; notice of injury; time; service
No proceedings for compensation for an injury under the Nebraska Workers' Compensation Act shall be maintained unless a notice of the injury shall have been given to the employer as soon as...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (d) EXAMINATION AND VERIFICATION OF INJURY
- 48-134. Injured employee; physical examination; duty to submit
After an employee has given notice of an injury, as provided in section 48-133, and from time to time thereafter during the continuance of his or her disability, he or she shall, if so requested...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (d) EXAMINATION AND VERIFICATION OF INJURY
- 48-134.01. Independent medical examiner system; list of physicians; duties; fee schedule; selection of examiner; procedures before examiner; findings; immunity
(1) The Nebraska Workers' Compensation Court may develop and implement an independent medical examiner system consistent with the requirements of this section. As part of such system, the...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (d) EXAMINATION AND VERIFICATION OF INJURY
- 48-135. Autopsy; cost; payment
Except as provided in section 23-1824, in all death claims, where the cause of death is obscure or disputed, any interested party may require an autopsy, the cost of such autopsy to be borne by...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (e) SETTLEMENT AND PAYMENT OF COMPENSATION
- 48-136. Compensation; voluntary settlements
The interested parties shall have the right to settle all matters of compensation between themselves with the consent of the insurance carrier, if any, and in accordance with the Nebraska Workers'...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (e) SETTLEMENT AND PAYMENT OF COMPENSATION
- 48-137. Compensation claims; actions; statute of limitations; exceptions
In case of personal injury, all claims for compensation shall be forever barred unless, within two years after the accident, the parties shall have agreed upon the compensation payable under the...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (e) SETTLEMENT AND PAYMENT OF COMPENSATION
- 48-138. Compensation; lump-sum settlement; order of court; computation; fee
The amounts of compensation payable periodically under the law by agreement of the parties with the approval of the Nebraska Workers' Compensation Court may be commuted to one or more lump-sum...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (e) SETTLEMENT AND PAYMENT OF COMPENSATION
- 48-139. Compensation; lump-sum settlement; submitted to Nebraska Workers' Compensation Court; procedure; discharge of employer liability; fees
Whenever an injured employee or his or her dependents and the employer agree that the amounts of compensation due as periodic payments for death, permanent disability, or claimed permanent...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (e) SETTLEMENT AND PAYMENT OF COMPENSATION
- 48-140. Compensation; settlements; conclusiveness; exception
All settlements by agreement of the parties with the approval of the Nebraska Workers' Compensation Court and all awards of compensation made by the compensation court, except those amounts...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (e) SETTLEMENT AND PAYMENT OF COMPENSATION
- 48-141. Lump-sum settlement; finality; periodic payment; modification
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, approved by order...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (e) SETTLEMENT AND PAYMENT OF COMPENSATION
- 48-142. Compensation; amount agreed upon; payment to trustee; procedure
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...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (e) SETTLEMENT AND PAYMENT OF COMPENSATION
- 48-143. Compensation; death benefits; absence of qualified administrator; payment; to whom made
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...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (e) SETTLEMENT AND PAYMENT OF COMPENSATION
- 48-144. Accidents and settlements; reports; death of alien employee; notice to consul
Reports of accidents and settlements shall be made in form and manner as prescribed and directed by the Nebraska Workers' Compensation Court. Such reports, if filed by an insurance company on...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (e) SETTLEMENT AND PAYMENT OF COMPENSATION
- 48-144.01. Injuries; reports; time within which to file; terms, defined
In every case of reportable injury occurring in the course of employment, the employer or insurance carrier shall file a report thereof with the Nebraska Workers' Compensation Court. Such report...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (e) SETTLEMENT AND PAYMENT OF COMPENSATION
- 48-144.02. Compensation insurance carrier; risk management pool; reports; time within which to file
(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...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (e) SETTLEMENT AND PAYMENT OF COMPENSATION
- 48-144.03. Compensation insurance contract or policy; notice of cancellation or nonrenewal; effective date
(1) (a) If an insurer intends to cancel a contract or policy of insurance issued by the insurer under the Nebraska Workers' Compensation Act within the contract or policy period, the insurer shall...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (e) SETTLEMENT AND PAYMENT OF COMPENSATION
- 48-144.04. Reports; penalties for not filing; statutes of limitations not to run until report furnished
Any employer, risk management pool, or insurance carrier 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...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (e) SETTLEMENT AND PAYMENT OF COMPENSATION
- 48-145. Employers; compensation insurance required; exceptions; effect of failure to comply; self-insurer; payments required; deposit with State Treasurer; credited to General Fund
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...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (e) SETTLEMENT AND PAYMENT OF COMPENSATION
- 48-145.01. Employers; compensation required; penalty for failure to comply; injunction
(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...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (e) SETTLEMENT AND PAYMENT OF COMPENSATION
- 48-145.02. Employers; reports required on request of compensation court
Every employer shall upon request of the Nebraska Workers' Compensation Court report to it the number of his or her employees and the nature of their work and also the name of the insurance...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (e) SETTLEMENT AND PAYMENT OF COMPENSATION
- 48-145.03. Employers; other liabilities not affected
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. ...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (e) SETTLEMENT AND PAYMENT OF COMPENSATION
- 48-145.04. Self-insurance; assessment; payments
(1) 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...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (e) SETTLEMENT AND PAYMENT OF COMPENSATION
- 48-146. Compensation insurance; provisions required; approval by Department of Insurance; effect of bankruptcy; self-insurer; deemed surety
(1) 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...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (e) SETTLEMENT AND PAYMENT OF COMPENSATION
- 48-146.01. Compensation insurance; assigned risk system; safety committee; failure to establish; effect
(1) For purposes of this section: (a) Assigned risk employer means a Nebraska employer that is in good faith entitled to, but is unable to obtain, workers' compensation insurance through...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (e) SETTLEMENT AND PAYMENT OF COMPENSATION
- 48-146.03. Compensation insurance policy; deductible options; exception; liability; insurer; duties; prohibited acts; violation; penalty
(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...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 2 -- ELECTIVE COMPENSATION.
- (e) SETTLEMENT AND PAYMENT OF COMPENSATION
- 48-147. Liability insurance; existing contract; effect of law; violations; penalty
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...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 3 -- MISCELLANEOUS PROVISIONS
- 48-148. Compensation; action to recover; release of claim at law
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...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 3 -- MISCELLANEOUS PROVISIONS
- 48-149. Compensation payments; nonassignable; not subject to attachment; exceptions
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...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 3 -- MISCELLANEOUS PROVISIONS
- 48-150. Compensation claims; same preference as wage claims
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...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 3 -- MISCELLANEOUS PROVISIONS
...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-152. Nebraska Workers' Compensation Court; creation; jurisdiction; judges; selected or retained in office
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...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-152.01. Nebraska Workers' Compensation Court; judges; judicial nominating commission; selection
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. ...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-153. Judges; number; term; qualifications; continuance in office; prohibition on holding other office or pursuing other occupation
The Nebraska Workers' Compensation Court shall consist of seven judges. Judges holding office on August 30, 1981, shall continue in office until expiration of their respective terms of office and...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-153.01. Nebraska Workers' Compensation Court judge; eligibility
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;...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-154. Judges; removal; grounds
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. ...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-155. Presiding judge; how chosen; term; powers and duties; acting presiding judge; selection; powers
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. The...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-155.01. Judges; appointment of substitute; compensation
When any judge of the Nebraska Workers' Compensation Court shall be disqualified from acting in any case or matter before him or her, is temporarily absent from the state, or shall be temporarily...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-156. Judges; quorum; powers
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,...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-157. Clerk; appointment; duties; evidence; fee
The presiding judge of the Nebraska Workers' Compensation Court shall appoint a clerk of the Nebraska Workers' Compensation Court, who shall hold office at the pleasure of the compensation court....
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-158. Judges; clerk; bond; oath
Each of the judges of the Nebraska Workers' Compensation Court, and the clerk thereof, shall, before entering upon or discharging any of the duties of his or her office, be bonded under the...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-159. Nebraska Workers' Compensation Court; judges; employees; salary; expenses
(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...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-159.08. Judges; salary increase; when effective
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'...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-160. Compensation court; seal
The Nebraska Workers' Compensation Court shall have a seal for the authentication of its orders, awards, judgments, summons, subpoenas, and other writs. The seal may be either an engraved or ink...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-161. Disputed claims; submission to court required; court; jurisdiction of ancillary issues
All disputed claims for workers' compensation shall be submitted to the Nebraska Workers' Compensation Court for a finding, award, order, or judgment. Such compensation court shall have...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-162. Compensation court; duties; powers
The Nebraska Workers' Compensation Court, or any judge thereof, is authorized and empowered to examine under oath or otherwise any person, employee, employer, agent, superintendent, foreman, or...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-162.03. Compensation court; motions; powers
(1) The Nebraska Workers' Compensation Court or any judge thereof may rule upon any motion addressed to the court by any party to a suit or proceeding, including, but not limited to, motions for...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-163. Compensation court; rules and regulations; procedures for adoption; powers and duties; production of evidence; expedited hearing
(1) The Nebraska Workers' Compensation Court, by a majority vote of the judges thereof, may adopt and promulgate all reasonable rules and regulations necessary for carrying out the intent and...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-164. Compensation court; rules and regulations; hearings
The Nebraska Workers' Compensation Court shall regulate and provide the kind and character of notices and the services thereof and, in case of an injury by accident to an employee, the nature and...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-165. Compensation court; blank forms; distribution; fee
The Nebraska Workers' Compensation Court shall prepare and furnish to employees, employers, and to insurance companies licensed to write compensation insurance in this state, blank forms of...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-166. Compensation court; annual report; contents
On or before January 1 of each year, the Nebraska Workers' Compensation Court shall issue an annual report for the past fiscal year which shall include (1) pertinent information regarding...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-167. Compensation court; office located at State Capitol; record
The Nebraska Workers' Compensation Court shall keep and maintain, in its office at the State Capitol, full and true record of all proceedings, documents, or papers ordered filed, rules and...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-168. Compensation court; rules of evidence; procedure; informal dispute resolution; procedure
(1) The Nebraska Workers' Compensation Court shall not be bound by the usual common-law or statutory rules of evidence or by any technical or formal rules of procedure, other than as herein...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-169. Compensation court; proceedings; transcripts
A transcribed copy of the evidence and proceedings, or any specific part thereof, of any investigation taken by a stenographer for the Nebraska Workers' Compensation Court or by a court reporter...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-170. Compensation court; orders; awards; when binding
Every order and award of a single judge of the Nebraska Workers' Compensation Court shall be binding upon each party at interest unless an application for review has been filed with the...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-171. Order; award; judgment; use of terms
Except as otherwise provided in sections 48-192 to 48-1,109, the words order, award, and judgment, as used in the Nebraska Workers' Compensation Act, are used interchangeably and are deemed to...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-172. Compensation court; no filing fees; exceptions; costs; when allowed
Except as provided in sections 48-138 and 48-139, there shall be no filing fees charged by the Nebraska Workers' Compensation Court. When a reasonable attorney's fee is allowed the employee...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-173. Petition; filing; contents; medical finding required
Procedure before the Nebraska Workers' Compensation Court shall be as follows: In all cases involving a dispute with reference to workers' compensation, either party at interest, without cost,...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-174. Summons; service; return
Upon the filing of such petition a summons shall issue and be served upon the adverse party, as in civil causes, together with a copy of the petition. Return of service shall be made within seven...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
(1) Whenever the post office address of the defendant is known or may be ascertained by the officer or person charged with the duty of serving the same, such summons may be served by such officer...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-175.01. Nonresident employer; service of process; manner of service; continuance; record
(1) The performance of work in the State of Nebraska (a) by an employer, who is a nonresident of the State of Nebraska, (b) by any resident employer who becomes a nonresident of this state after...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-176. Answer; filing; contents
Within seven days after the return day of such summons the party at interest upon whom the same is served shall file an answer to such petition, which shall admit or deny the substantial averments...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-177. Hearing; judge; place; dismissal; procedure
At the time a petition or motion is filed, one of the judges of the Nebraska Workers' Compensation Court shall be assigned to hear the cause. It shall be heard in the county in which the accident...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-178. Hearing; judgment; when conclusive; record of proceedings; costs; payment
The judge shall make such findings and orders, awards, or judgments as the Nebraska Workers' Compensation Court or judge is authorized by law to make. Such findings, orders, awards, and judgments...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-178.01. Payment of compensation when claimant's right to compensation not in issue
Whenever any petition is filed and the claimant's right to compensation is not in issue, but the issue of liability is raised as between an employer, a carrier, or a risk management pool or...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-179. Review procedure; where held; joint stipulation of dismissal
Either party at interest who refuses to accept the final findings, order, award, or judgment of the Nebraska Workers' Compensation Court on the original hearing may, within fourteen days after the...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-180. Findings, order, award, or judgment; modification; effect
The Nebraska Workers' Compensation Court may, on its own motion, modify or change its findings, order, award, or judgment at any time before appeal and within ten days from the date of such...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-181. Applicability of prior law
Applications for rehearing pending in the Nebraska Workers' Compensation Court on July 15, 1992, and cases in which a hearing has been held prior to such date but in which no award has been issued...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-182. Application for review; bill of exceptions; requirements; waiver of payment; when; extension of time
In case either party at interest refuses to accept any final order of the Nebraska Workers' Compensation Court on original hearing, such party may, within fourteen days thereafter, file with the...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- § 48-183 and 48-184. Repealed
...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-185. Appeal after review; procedure; judgment by Nebraska Workers' Compensation Court; effect; grounds for modification or reversal
Any appeal from the judgment of the Nebraska Workers' Compensation Court after review shall be prosecuted and the procedure, including the designation of parties, handling of costs and the amounts...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-186. Accidents occurring outside state; hearing; location; exception
In all cases when the accident occurred outside of the State of Nebraska, the hearing before a judge of the Nebraska Workers' Compensation Court shall be at Lincoln, Nebraska, or in any other...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-187. Filing fees; clerks of courts; what permitted
No filing fees shall be charged by the clerk of any court for any service required by the Nebraska Workers' Compensation Act except as provided in sections 48-138, 48-139, and 48-188. ...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-188. Judgment; filed with district court; filing fee; effect
Any order, award, or judgment by the Nebraska Workers' Compensation Court, or any judge thereof, certified to by the clerk of the compensation court, or by the Court of Appeals or Supreme Court,...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-190. Suit against state or governmental agency; summons; service
The state and governmental agencies created by the state may be sued in the Nebraska Workers' Compensation Court upon claims for compensation benefits under the Nebraska Workers' Compensation Act...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 4 -- NEBRASKA WORKERS' COMPENSATION COURT
- 48-191. Time; when last day falls on Saturday, Sunday, holiday; how computed
Notwithstanding any more general or special law respecting the subject matter hereof, whenever the last day of the period within which a party to an action may file any paper or pleading with the...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 5 -- CLAIMS AGAINST THE STATE
- 48-192. Purpose of sections
The Legislature declares that it is its intent and purpose through sections 48-192 to 48-1,109 to provide uniform procedures for the bringing of workers' compensation claims against the state, and...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 5 -- CLAIMS AGAINST THE STATE
For purposes of sections 48-192 to 48-1,109, unless the context otherwise requires: (1) State agency shall include all departments, agencies, boards, courts, bureaus, and commissions of the...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 5 -- CLAIMS AGAINST THE STATE
- 48-194. Risk Manager; authority; Attorney General; duties
The Risk Manager, on behalf of the State Claims Board and with the advice of the Attorney General, shall have the authority to pay claims of all workers' compensation benefits when liability is...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 5 -- CLAIMS AGAINST THE STATE
- 48-195. State Claims Board; rules and regulations; adopt
The State Claims Board shall, pursuant to the Administrative Procedure Act, adopt and promulgate such rules and regulations as are necessary to carry out sections 48-192 to 48-1,109. ...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 5 -- CLAIMS AGAINST THE STATE
- 48-196. State agency; handle claims; Attorney General; supervision
The State Claims Board may delegate to a state agency the handling of workers' compensation claims of employees of that agency, under the supervision and direction of the Attorney General. ...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 5 -- CLAIMS AGAINST THE STATE
- 48-197. Claims; filing; investigation; report
All claims under sections 48-192 to 48-1,109 shall be filed with the Risk Manager. The Risk Manager shall immediately advise the Attorney General of the filing of any claim. It shall be the duty...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 5 -- CLAIMS AGAINST THE STATE
- 48-198. Suits; filing; attorney's fee; expenses; allowance
Suits shall be brought in the Nebraska Workers' Compensation Court as set out in the Nebraska Workers' Compensation Act, and the compensation court shall in each case designate and allow the...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 5 -- CLAIMS AGAINST THE STATE
- 48-199. Suits; liability of state
In all suits brought under sections 48-192 to 48-1,109, the state shall be liable in the same manner and to the same extent as a private individual under like circumstances, except that no writ of...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 5 -- CLAIMS AGAINST THE STATE
- 48-1,100. Attorney General; represent state; duties; powers
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...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 5 -- CLAIMS AGAINST THE STATE
- 48-1,101. Attorney General; delegation of powers and duties
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...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 5 -- CLAIMS AGAINST THE STATE
- 48-1,102. Award; payment; exception
Any award to a claimant and any judgment in favor of a claimant under sections 48-192 to 48-1,109 shall be certified by the Attorney General to the Director of Administrative Services, who shall...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 5 -- CLAIMS AGAINST THE STATE
- 48-1,103. Workers' Compensation Claims Revolving Fund; established; deficiency; notify Legislature; investment
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...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 5 -- CLAIMS AGAINST THE STATE
- 48-1,104. Risk Manager; report; contents; file with Clerk of the Legislature
The Risk Manager shall make 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...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 5 -- CLAIMS AGAINST THE STATE
- 48-1,105. Immunity of state reserved; exception
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...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 5 -- CLAIMS AGAINST THE STATE
- 48-1,106. Sections, how construed
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...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 5 -- CLAIMS AGAINST THE STATE
- 48-1,107. Insurance; Risk Manager; purchase; when
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...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 5 -- CLAIMS AGAINST THE STATE
- 48-1,108. Insurance policy; applicability; company; Attorney General; State Claims Board; cooperate
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...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 6 -- NAME OF ACT
- 48-1,110. Act, how cited; legislative intent
(1) Sections 48-101 to 48-1,117 shall be known and may be cited as the Nebraska Workers' Compensation Act. (2) It is the intent of the Legislature that the changes made in Laws 1986, LB 811, shall...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 6 -- NAME OF ACT
- § 48-1,111 and 48-1,112. Repealed
...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 7 -- COMPENSATION COURT CASH FUND
- 48-1,113. Insurance company and risk management pool; annual payment; amount; Director of Insurance; powers and duties
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...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 7 -- COMPENSATION COURT CASH FUND
- 48-1,114. Self-insurer; annual payment; amount
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...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 7 -- COMPENSATION COURT CASH FUND
- 48-1,115. Other payments; cumulative
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,...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 7 -- COMPENSATION COURT CASH FUND
- 48-1,116. Compensation Court Cash Fund; created; use; investment
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...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 7 -- COMPENSATION COURT CASH FUND
- 48-1,117. Compensation Court Cash Fund; accounting; abatement of contributions
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...
- chapter 48. LABOR
- ARTICLE 1. WORKERS' COMPENSATION
- PART 8 -- COST-BENEFIT ANALYSIS
- 48-1,118. Cost-benefit analysis and review of Laws 1993, LB 757; reports
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...
- chapter 48. LABOR
- ARTICLE 2. GENERAL PROVISIONS
- § 48-201 to 48-208. Repealed
...
- chapter 48. LABOR
- ARTICLE 2. GENERAL PROVISIONS
- 48-209. Service letter; contents
Whenever any employee of any public service corporation, or of a contractor who works for such corporation, or contractor doing business in the State of Nebraska, shall be discharged or...
- chapter 48. LABOR
- ARTICLE 2. GENERAL PROVISIONS
- 48-210. Service letter; form
Such letter shall be written in its entirety upon a plain sheet of white paper to be selected by such employee. No printed blank shall be used, and if such letter be written on a typewriter, it...
- chapter 48. LABOR
- ARTICLE 2. GENERAL PROVISIONS
- 48-211. Service letter; failure or refusal to supply; penalty
If any superintendent, manager or contractor shall fail or refuse to issue such letter to such employee upon request, or willfully fail or negligently refuse to give such letter, or fail to state...
- chapter 48. LABOR
- ARTICLE 2. GENERAL PROVISIONS
- 48-212. Lunch hour; requirements; exceptions
Any person, firm, or corporation owning or operating an assembling plant, workshop, or mechanical establishment employing one or more persons, shall allow all of their employees not less than...
- chapter 48. LABOR
- ARTICLE 2. GENERAL PROVISIONS
- 48-213. Lunch hour; violation; penalty
Any person, firm or corporation violating any of the provisions of section 48-212 shall be guilty of a Class III misdemeanor. ...
- chapter 48. LABOR
- ARTICLE 2. GENERAL PROVISIONS
- 48-214. Collective bargaining; race or color discrimination prohibited
It is hereby declared to be the policy of this state that no representative agency of labor, in collective bargaining with employers concerning grievances, labor disputes, wages, rates of pay,...
- chapter 48. LABOR
- ARTICLE 2. GENERAL PROVISIONS
- 48-215. Military supplies; production; distribution; discrimination prohibited
It shall be unlawful for any person, firm or corporation, engaged to any extent whatsoever in the State of Nebraska in the production, manufacture or distribution of military or naval material,...
- chapter 48. LABOR
- ARTICLE 2. GENERAL PROVISIONS
- 48-216. Military supplies; discrimination; violation; penalty
Any person, firm or corporation, violating any of the provisions of section 48-215, shall be guilty of a Class III misdemeanor. Each violation of section 48-215 shall be a separate offense. ...
- chapter 48. LABOR
- ARTICLE 2. GENERAL PROVISIONS
- 48-217. Labor organizations; membership or nonmembership; prohibited acts
To make operative the provisions of sections 13, 14 and 15 of Article XV of the Constitution of Nebraska, no person shall be denied employment because of membership in or affiliation with, or...
- chapter 48. LABOR
- ARTICLE 2. GENERAL PROVISIONS
- 48-218. Labor organization, defined
The term labor organization means any organization of any kind, or any agency or employee representation committee or plan, which exists for the purpose, in whole or in part, of dealing with...
- chapter 48. LABOR
- ARTICLE 2. GENERAL PROVISIONS
- 48-219. Labor organization; violation; penalty
Any individual, corporation or association that enters into a contract after September 7, 1947, in violation of the provisions of section 48-217, shall be guilty of a Class IV misdemeanor. ...
- chapter 48. LABOR
- ARTICLE 2. GENERAL PROVISIONS
- 48-220. Medical examinations; employer, defined
As used in sections 48-220 to 48-223, unless the context otherwise requires, employer shall mean and include an individual, a partnership, a limited liability company, an association, a...
- chapter 48. LABOR
- ARTICLE 2. GENERAL PROVISIONS
- 48-221. Medical examination; cost to applicant as condition of employment; unlawful; cost to employer
It shall be unlawful for any employer, as defined in section 48-220, to require any applicant for employment, to pay the cost of a medical examination required by the employer as a condition of...
- chapter 48. LABOR
- ARTICLE 2. GENERAL PROVISIONS
- 48-222. Medical examination as condition of employment; violation; penalty
Any employer who violates the provisions of section 48-221 shall be guilty of a Class V misdemeanor. Each violation shall constitute a separate offense. It shall be the duty of the Commissioner of...
- chapter 48. LABOR
- ARTICLE 2. GENERAL PROVISIONS
- 48-223. Medical examination as condition of employment; exemptions from sections
The provisions of sections 48-220 to 48-223 shall not apply to any employment relationship entered into by the state or any subdivision of the state when a physical examination is required by law...
- chapter 48. LABOR
- ARTICLE 2. GENERAL PROVISIONS
- 48-224. Withholding of wages; when authorized
(1) Any employee of the State of Nebraska, any municipal corporation, or any public body or agency created by the laws of this state, who desires to participate voluntarily in any employee...
- chapter 48. LABOR
- ARTICLE 2. GENERAL PROVISIONS
- 48-225. Veterans preference; terms, defined
As used in sections 48-225 to 48-231, unless the context otherwise requires: (1) Veteran means any person who served full-time duty with military pay and allowances in the armed forces of the...
- chapter 48. LABOR
- ARTICLE 2. GENERAL PROVISIONS
- 48-226. Veterans preference; required, when
A preference shall be given to preference eligibles seeking employment with the State of Nebraska or its governmental subdivisions. ...
- chapter 48. LABOR
- ARTICLE 2. GENERAL PROVISIONS
- 48-227. Veterans preference; examinations
Veterans who obtain passing scores on all parts or phases of an examination shall have five points added to their passing score if a claim for such points is made on the application. An additional...
- chapter 48. LABOR
- ARTICLE 2. GENERAL PROVISIONS
Laws 1997, LB 5, § 5. ...
- chapter 48. LABOR
- ARTICLE 2. GENERAL PROVISIONS
- 48-229. Veterans preference; Commissioner of Labor; duties
It shall be the duty of the Commissioner of Labor to enforce the provisions of sections 48-225 to 48-231. The commissioner shall act on preference claims as follows: (1) When the employing...
- chapter 48. LABOR
- ARTICLE 2. GENERAL PROVISIONS
- 48-230. Veterans preference; violations; penalty
Any person who violates sections 48-225 to 48-231 shall be guilty of a Class IV misdemeanor. Such person shall be prohibited from receiving any compensation from public funds until he or she...
- chapter 48. LABOR
- ARTICLE 2. GENERAL PROVISIONS
- 48-231. Veterans preference; county attorney; duties
The county attorneys, in their respective counties, shall prosecute, before any court of appropriate jurisdiction, all persons charged with violating sections 48-225 to 48-231. ...
- chapter 48. LABOR
- ARTICLE 2. GENERAL PROVISIONS
- 48-232. Anabolic steroids; terms, defined
For purposes of section 48-233: (1) Anabolic steroid shall have the definition found in section 28-401; (2) Employee shall mean any person, paid or unpaid, who in any way assists an entity...
- chapter 48. LABOR
- ARTICLE 2. GENERAL PROVISIONS
- 48-234. Adoptive parent; leave of absence authorized; enforcement; attorney's fees
(1) Except as provided in subsection (2) of this section, whenever an employer, including a governmental agency, permits an employee to take a leave of absence upon the birth of the employee's...
- chapter 48. LABOR
- ARTICLE 2. GENERAL PROVISIONS
- 48-235. Law enforcement officers; ticket quota requirements; prohibited
A state agency or political subdivision shall not directly require a law enforcement officer employed by the state agency or political subdivision to issue a certain number or percentage of...
For purposes of sections 48-302 to 48-313: (1) Employment means (a) service for wages or (b) being under a contract of hire, written or oral, express or implied. Employment, other than...
- chapter 48. LABOR
- ARTICLE 3. CHILD LABOR
- 48-302. Children under sixteen; employment certificate required; enforcement of section
No child under sixteen years of age shall be employed or permitted or suffered to work in any employment as defined in section 48-301 within this state unless the person or corporation employing...
- chapter 48. LABOR
- ARTICLE 3. CHILD LABOR
- 48-302.01. Children; golf caddy; exempt from provisions of section
Section 48-302 shall not be construed to apply to the employment of any child solely as a caddy on any golf course or place where golf is played. ...
- chapter 48. LABOR
- ARTICLE 3. CHILD LABOR
- 48-302.02. Parent or person standing in loco parentis; exemption
Section 48-302 shall not apply to a parent or a person standing in loco parentis who employs and directly supervises his or her own child or a child in his or her custody in a business owned and...
- chapter 48. LABOR
- ARTICLE 3. CHILD LABOR
- 48-302.03. Detasseling; employment; conditions; exemption
(1) A child under the age of twelve shall not be employed in detasseling. (2) A child who is at least twelve years but less than sixteen years of age may be employed in detasseling if: (a) The...
- chapter 48. LABOR
- ARTICLE 3. CHILD LABOR
- 48-302.04. Detasseling; employer; requirements
(1) An employer who employs a child under sixteen years of age in detasseling shall provide at least two supervisors who are eighteen years of age or older at each location where detasseling is...
- chapter 48. LABOR
- ARTICLE 3. CHILD LABOR
- 48-303. Employment certificate; approval by school officer; report; investigation
Except as otherwise provided in this section, an employment certificate shall be approved only by the superintendent of the primary high school district in which the child resides or by a person...
- chapter 48. LABOR
- ARTICLE 3. CHILD LABOR
- 48-304. Employment certificate; issuance; conditions
The person authorized to issue an employment certificate under section 48-303 shall not issue such certificate until he or she has received, examined, approved, and filed the following papers duly...
- chapter 48. LABOR
- ARTICLE 3. CHILD LABOR
- 48-305. Employment certificate; contents
Such certificate shall state the date and place of birth of such child and describe the color of the hair and eyes, the height and weight and any distinguishing facial marks of such child, and...
- chapter 48. LABOR
- ARTICLE 3. CHILD LABOR
- 48-306. School record; contents
The school record shall be signed by the teacher and principal of the school which such child has attended and shall be furnished on demand to a child entitled thereto. It shall contain a...
- chapter 48. LABOR
- ARTICLE 3. CHILD LABOR
- 48-307. Employment certificate; filing with Department of Labor
The superintendent of public schools in all cities and towns having a population of more than one thousand according to the last official census and the presiding officer of all other school...
- chapter 48. LABOR
- ARTICLE 3. CHILD LABOR
- 48-308. Employment certificate; evening school; attendance record
Regular attendance of a child at any public evening school, maintained in any city or village when instruction is given not less than twenty weeks each year, three evenings each week, and two...
- chapter 48. LABOR
- ARTICLE 3. CHILD LABOR
- 48-309. Age and schooling certificate; Department of Labor to prescribe form
The age and schooling certificate provided for herein shall be made out upon blank forms prescribed and furnished in triplicate by the Department of Labor. ...
- chapter 48. LABOR
- ARTICLE 3. CHILD LABOR
- 48-310.01. Performing arts; special permit; fee
When the Department of Labor finds it to be in the best interests of the child, the Department of Labor may issue a special permit waiving any requirement or restriction imposed on employment of a...
- chapter 48. LABOR
- ARTICLE 3. CHILD LABOR
- 48-310.02. Special permits; fees; limitation
The fees established by the Commissioner of Labor pursuant to sections 48-310 and 48-310.01 shall be established with due regard for the costs of administering sections 48-310 and 48-310.01. The...
- chapter 48. LABOR
- ARTICLE 3. CHILD LABOR
- 48-311. Violations; penalties
Whoever employs a child under sixteen years of age and whoever, having under his or her control a child under such age, causes or permits such child to be employed in violation of sections 48-302...
- chapter 48. LABOR
- ARTICLE 3. CHILD LABOR
- 48-313. Children under sixteen; dangerous, unhealthy, or immoral employment
No child under the age of sixteen years shall be employed in any work which by reason of the nature of the work or place of performance is dangerous to life or limb or in which his or her health...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-401. Water closets; duty of employer to provide
Every factory, mill, workshop, mercantile or mechanical establishment or other building, where one or more persons are employed, shall be provided within reasonable access, with a sufficient...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-402. Dressing rooms; duty to provide; rights of lessee
In factories, mills, workshops, mercantile or mechanical establishments, or other places where the labor performed by the operator is of such a character that it becomes necessary to change the...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-403. Ventilation; dust and fumes; fans required
If in any of the aforesaid places any process is carried on by which dust or fumes are caused, which may be inhaled by the persons employed therein, or if the air shall become exhausted or impure,...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-404. Sanitation; duty of employer
All of the aforesaid places shall be kept clean and free from effluvia arising from any drain, privy or nuisance, and shall be ventilated and kept in a sanitary condition. The Department of Labor...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-405. Grinding machines; dust; blowers required
All persons, companies or corporations operating any factory or workshop where grinding wheels, or grinding machines, emery wheels or emery belts of any description are used, whether solid emery,...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-406. Emery wheels and grindstones; use and operation
No emery wheels or grindstones in any factory, mill or workshop, shall be used when known to the person using the same to be cracked or otherwise defective, nor operated at a greater speed than...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-408. Emery wheels; suction pipes required; capacity
Every such wheel six inches or less in diameter shall be provided with a three-inch suction pipe; wheels six inches to twenty-four inches in diameter, with a four-inch suction pipe; wheels from...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-410. Revolving machines; screens required
A metal or other suitable screen shall be placed around each laundry extractor or other exposed high-speed revolving machinery. ...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-411. Woodworking machinery; safety devices
Wood planers, wood shapers, swing saws, equalizing saws, circular heading jointers, wood polishers, buzz planers, lathe bolters, and all similar machinery, shall be equipped with requisite safety...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-413. Safety codes; adopt, amend, or repeal; Nebraska Safety Code for Building Construction; procedures
(1) The Commissioner of Labor shall, from time to time, create advisory committees composed of employers, employees, and such other persons as the commissioner may designate, to advise him in...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-414. Safety codes; enforcement; violation; penalty; coverage of sections
It shall be the duty of the Commissioner of Labor to make or cause to be made periodic inspections of all places of employment for the purpose of enforcing the provisions of such safety codes as...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-415. Safety codes; validity or reasonableness; appeal to Commissioner of Labor
Any person in interest, or his duly authorized agent, may file a petition with the Commissioner of Labor for a review of the validity or reasonableness of any code, order, rule or standard made...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-416. Appeal; procedure
Any person in interest who is dissatisfied with the decision of the Commissioner of Labor may appeal the decision, and the decision shall be in accordance with the Administrative Procedure Act. ...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-417. Electric plants; safety regulations
Signs or indicating lamps shall be placed at all switches in electric light and power plants or other places where high-pressure currents are used, to show whether the current is on or off the...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-418. State elevator inspector; deputy inspectors; appointment; qualifications
The Commissioner of Labor shall, on or before the first day of July 1965, appoint a state elevator inspector, subject to the approval of the Governor, who shall work under the direct supervision...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-418.01. State elevator inspector; duties
It shall be the duty of the state elevator inspector to inspect or cause to be inspected all freight and passenger elevators in this state at least once every twelve months in order to determine...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-418.02. State elevator inspector; entry into buildings or structures; authorized
The Commissioner of Labor and the state elevator inspector shall have the right and power to enter any building or structure, public or private, for the purpose of inspecting any equipment covered...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-418.03. State elevator inspector; certificate of inspection; posting
Upon making an inspection of any equipment covered by sections 48-418 to 48-418.12 and receipt of the inspection fee, the inspector shall give to the owner or user thereof a certificate of...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-418.04. Elevator inspection; where not applicable
The provisions of sections 48-418 to 48-418.12 shall not apply to (1) elevators under the jurisdiction and subject to inspection by the United States Government, (2) elevators used exclusively for...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-418.05. State elevator inspector; investigation of accidents; report; contents
The state elevator inspector shall investigate and report to the commissioner the cause of any elevator accident that may occur in the state, the loss of life, the injuries sustained, and such...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-418.06. State elevator inspector; record of elevators and equipment; maintain
The state elevator inspector shall maintain a complete and accurate record of the name of the owner or user of each elevator and equipment subject to sections 48-418 to 48-418.12 and a full...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-418.07. Elevator; inspections; when not made; inspection by insurance company or under a city ordinance; effect
The inspections required by sections 48-418 to 48-418.12 shall not be made when any owner or user of any equipment obtains an inspection by a representative of a reputable insurance company...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-418.08. State elevator inspector; defective equipment; notice to replace or repair
The state elevator inspector shall notify the user in writing of any equipment found to be unsafe or unfit for operation setting forth the nature and extent of any defect or other unsafe...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-418.09. Elevator; inspections; fees; special inspection
(1) The Commissioner of Labor may charge a reasonable fee for each elevator inspection. The commissioner shall establish the fees at a level necessary to meet the costs of the elevator inspection...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-418.10. Elevators; Elevator Inspection Fund; created; use; investment
The Elevator Inspection Fund is hereby created. The Commissioner of Labor shall use the fund for the administration of the elevator inspection program pursuant to sections 48-418 to 48-418.14. The...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-418.11. Elevator inspection; violations; penalty
Any person, persons, corporations and the directors, managers, superintendents and officers of such corporations violating any of the provisions of sections 48-418 to 48-418.12, shall be guilty of...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-418.12. Nebraska Elevator Code; adopted; copy filed with Commissioner of Labor
The Commissioner of Labor shall adopt and promulgate rules and regulations to establish safety requirements for elevators used in this state. A safety code may be adopted as a rule and regulation...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-418.14. Elevator inspection; elevator, defined
For purposes of sections 48-418 to 48-418.12, unless the context otherwise requires, elevator shall include (1) any hoisting or lowering mechanism equipped with a car or platform which moves in...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-419. Steam boilers; repairs; safety regulations
Where a number of boilers deliver to a common steam main, they shall be equipped with a shutoff or throttle valve for each boiler to take it out of service for repairs and inspection necessitating...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-420. Fire escapes; when required
Every factory or other institution, more than two stories in height, shall be equipped with outside fireproof iron stairways, chutes or toboggans, and one automatic fire escape for every fifteen...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-421. Accidents; reports; contents
Every person operating a plant where machinery is used, shall report in writing to the Department of Labor all fatal accidents within forty-eight hours after their occurrence, and all other...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-422. Violations; liability for injuries
Every person operating a plant where machinery is used who shall violate any of the provisions of sections 48-401 to 48-424 shall be liable in damages to any person injured, as a result thereof,...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-423. Violations; assumption of risk
The continuance by any person in the employ of any such operator shall not be deemed an assumption of the risks of such employment. ...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-424. Health and safety regulations; violations; penalty
Every person who shall violate any of the provisions of sections 48-401 to 48-423 shall be guilty of a Class II misdemeanor. ...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-425. Scaffolds or staging; safety requirements
All scaffolds, hoists, cranes, stays, ladders, supports or other mechanical contrivances used in the erection, repairing, alteration, removal or painting of any house, building, bridge, viaduct or...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-426. Buildings; construction; supports, floor strength
If in any house, building or structure in process of erection or construction, except a private barn, or a private house, the distance between the enclosed walls is more than twenty-four feet in...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-427. Buildings; construction; floor loads; notice
The owner of every house, building or structure, except a private barn or a private house, shall affix and display conspicuously on each floor of such building during construction, a placard,...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-428. Scaffolding; platforms; inspection; notice; duty to render safe
Whenever it shall come to the notice of the Department of Labor or the local authority in any city or village of this state, charged with the duty of enforcing the building laws, that the...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-430. Buildings; floors; safety regulations
All contractors and owners, when constructing buildings where the plans and specifications require the floors to be arched between the beams thereof, or where the floors or filling in between the...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-431. Buildings; construction; elevating machines or hoists; safety regulations
If elevating machines or hoisting apparatus are used within a building in the course of construction for the purpose of lifting materials to be used in such construction, the contractors or owners...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-432. Buildings; elevating machines or hoists; signals
If elevating machines or hoisting apparatus, operated or controlled by other than hand power, are used in the construction, alteration or removal of any building or other structure, a complete and...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-433. Building plans; duty of architects or draftsmen; violation; penalty
All architects or draftsmen in preparing plans, specifications or drawings to be used in the erection, repairing, altering or removing of any building or structure within the terms and provisions...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-434. Violations; penalty; prosecution
(1) Any person violating any of the provisions of sections 48-425 to 48-432 shall be guilty of a Class II misdemeanor. (2) All prosecutions for offenses relating to health and safety laws and...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-435. Buildings; construction; violations; assumption of risk
The continuance by any person in the employ of any such operator shall not be deemed an assumption of the risk of such employment. ...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
As used in sections 48-436 to 48-442, unless the context otherwise requires: (1) High voltage shall mean a voltage in excess of seven hundred fifty volts, measured between conductors, or...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-437. High voltage lines; prohibited acts
No person, firm, or corporation, or agent of the same, shall require or permit any employee, except an authorized and qualified person, to perform and no person, except an authorized and qualified...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-438. High voltage lines; tools, equipment, materials, or buildings; operation, movement, or erection; use; conditions
(1) Except as provided in subsections (2) and (3) of this section, the operation or erection of any tools, machinery or equipment, or any part thereof capable of vertical, lateral or swinging...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-439. Posting of warning signs
The owner, agent or employer responsible for the operation of equipment shall post and maintain in plain view of the operator on each crane, derrick, driver, or similar apparatus, any part of...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-440. High voltage lines; operations; equipment in transit; requirements; Commissioner of Labor; notify
Before any operations are to be performed within ten feet of any overhead high voltage conductors, or whenever any equipment in transit as described in subsection (2) of section 48-438 can come...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-441. Sections, when not applicable
Nothing in sections 48-436 to 48-442 shall apply to any authorized or qualified person as defined in section 48-436 or the owner, agent, or employer of such persons in the performance of work or...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-442. Violations; penalty
Any person, firm, or corporation, or any employee thereof violating any provisions of sections 48-436 to 48-442 shall be guilty of a Class V misdemeanor. Each day's failure to comply with any of...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-443. Safety committee; when required; membership; employee rights and remedies
(1) Not later than January 1, 1994, every public and private employer subject to the Nebraska Workers' Compensation Act shall establish a safety committee. Such committee shall adopt and maintain...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-444. Safety committee; failure to establish; violation; penalty
If the Commissioner of Labor finds, after notice and hearing, that an employer has failed to establish a safety committee pursuant to section 48-443 within fifteen days after notification by the...
- chapter 48. LABOR
- ARTICLE 4. HEALTH AND SAFETY REGULATIONS
- 48-445. Safety committee; rules and regulations
The Commissioner of Labor shall adopt and promulgate rules and regulations to carry out s