Neb. Rev. Stat. » Chapter 48
Nebraska Revised Statutes

Neb. Rev. Stat. § 48-102 (2026)

Employer's liability; negligence; action; defenses denied

✓ current as of July 2026
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In all cases brought under sections 48-101 to 48-108, it shall not be a defense (a) that the employee was negligent, unless it shall also appear that such negligence was willful, or that the employee was in a state of intoxication; (b) that the injury was caused by the negligence of a fellow employee; or (c) that the employee had assumed the risks inherent in, or incidental to, or arising from the failure of the employer to provide and maintain safe premises and suitable appliances, which grounds of defense are hereby abolished.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1942–2024 · leading case: Est. of Coe v. Willmes Trucking, L.L.C., 689 N.W.2d 318 (Neb. 2004).
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Est. of Coe v. Willmes Trucking, L.L.C., 689 N.W.2d 318 (Neb. 2004). · cites it 16× “The appellants’ argument depends upon the interaction between Neb. Rev. Stat. §§ 48-102 and 48-103 (Reissue 2004).”
Manchester v. Drivers Mgmt., LLC, 775 N.W.2d 179 (Neb. 2009). · cites it 2× “Although Drivers Management suggests on appeal that Manchester was willfully negligent, it did not allege or prove that the accident was the result of willful negligence.”
Spaulding v. Alliant Foodservice, Inc., 689 N.W.2d 593 (Neb. Ct. App. 2004). · cites it 2× “Sentry assign, restated, that the review panel’s affirmance was error because the trial court erred in (1) failing to find that Spaulding’s conduct constituted a reckless indifference to his own safety, (2) failing to determine whether Spaulding had a bona fide excuse for…”
State v. Anderson, 10 N.W.3d 334 (Neb. 2024). · cites it 2× “I, § 48-102 (2008). - 446 - Nebraska Supreme Court Advance Sheets 317 Nebraska Reports STATE V.”
Mead v. Missouri Valley Grain, Inc., 134 N.W.2d 243 (Neb. 1965). “§ 48-102, R. R. S. 1943. Nor is it contended that he knew, during the working hours, that his feet were frozen.”
Hannon v. J. L. Brandeis & Sons, Inc., 181 N.W.2d 253 (Neb. 1970). · cites it 4× “Section 48-102, R.R.S.1943, provides that willful negligence (which includes suicide) is an affirmative defense available to the employer in a workmen's compensation case.”
Rexroat v. State, 7 N.W.2d 163 (Neb. 1942). · cites it 2× “Section 48-102, Comp. St. 1929, provides: “In all cases brought under Part I'of this article (48-101 to 48-108) it shall not be a defense (a) that the employee was negligent, unless and except it shall also appear that such negligence was "wilful,” etc.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.