Neb. Rev. Stat. » Chapter 48

Neb. Rev. Stat. § 48-101

Personal injury; employer's liability; compensation, when

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When personal injury is caused to an employee by accident or occupational disease, arising out of and in the course of his or her employment, such employee shall receive compensation therefor from his or her employer if the employee was not willfully negligent at the time of receiving such injury.

Notes of Decisions
Cited in 173 cases (11 in the last 5 years), 1932–2026 · leading case: Skinner v. Ogallala Public School District No. 1
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Skinner v. Ogallala Public School District No. 1 (2001) neb · cites it 16× “Under Neb. Rev. Stat. § 48-101 (Reissue 1998): When personal injury is caused to an employee by accident or occupational disease, arising out of and in the course of his or her employment, such employee shall receive compensation therefor from his or her employer if the employee…”
Trosper v. Bag 'N Save (2007) neb · cites it 8× “[2] See Neb. Rev. Stat. §§ 48-101 to 48-1,117 (Reissue 2004 & Cum.”
Guico v. Excel Corp. (2000) neb · cites it 12× “The principal issue at trial and on appeal is whether Guico's injury resulted from his own willful negligence and was therefore not compensable under Neb. Rev.Stat. § 48-101 (Reissue 1998). FACTS Guico was employed by Excel from 1995 until his termination on December 10, 1997,…”
Jacobs Eng'g Grp. Inc. v. Conagra Foods, Inc. (2018) neb · cites it 2× “We agree with Jacobs that ConAgra misconstrues our precedent regarding the relationship between the Nebraska Workers' Compensation Act (NWCA), Neb. Rev. Stat. § 48-101 et seq. (Reissue 2010, Cum.”
Maroulakos v. Walmart Assocs., Inc. (2018) neb · cites it 6× “1 Neb. Rev. Stat. §§ 48-101 to 48-1,117 (Reissue 2010, Cum.”
Eddy v. Builders Supply Co. (2020) neb · cites it 3× “Sufficient Evidence of Willful Negligence Neb. Rev. Stat. § 48-101 (Reissue 2010) provides that when personal injury is caused to an employee by accident, aris- ing out of and in the course of his or her employment, such - 824 - Nebraska Supreme Court Advance Sheets 304 Nebraska…”
Bennett v. Saint Elizabeth Health Systems (2007) neb · cites it 6× “Bennett, appellant, was employed by Saint Elizabeth Health Systems, doing business as Saint Elizabeth Medical Center (Saint Elizabeth), appellee, when she sustained an injury to her left shoulder that was compensable under the Nebraska Workers’ Compensation Act (Workers’…”
Friedeman v. State (1983) neb · cites it 10× “Our Neb.Rev.Stat. § 48-101 (Reissue 1978) bars recovery if the employee was "willfully negligent.”
Estate of Coe v. Willmes Trucking, L.L.C. (2004) neb · cites it 7× “See Neb. Rev. Stat. § 48-101 (Reissue 2004). The appellees did not, however, carry workers’ compensation insurance or an acceptable alternative as required by the Nebraska Workers’ Compensation Act (Act).”
Logsdon v. ISCO CO. (2000) neb · cites it 7× “ANALYSIS Neb. Rev. Stat. § 48-101 (Reissue 1998) compensates injury caused an employee by an accident arising out of and in the course of his or her employment.”
Martinez v. Cmr Constr. & Roofing of Texas (2019) neb · cites it 2× “Under our deferential standard of review, we find that the court did not err in awarding Martinez attorney fees and future medical care, as well as determining that Martinez had sustained an 80-percent loss of earning capacity.”
Zoucha v. Touch of Class Lounge (2005) neb · cites it 9× “Neb. Rev. Stat. § 48-101 (Reissue 2004). The two phrases “arising out of” and “in the course of” in § 48-101 are conjunctive; in order to recover, a claimant must establish by a preponderance of the evidence that both conditions exist.”
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