Nebraska Revised Statutes
Neb. Rev. Stat. § 48-103 (2026)
Employer's liability; defenses; when not available
✓ current as of July 2026
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If an employer, as defined in section 48-106, does not carry a policy of workers' compensation insurance nor qualify as a self-insurer or, in the case of an employer who is a lessor of one or more commercial motor vehicles leased to a self-insured motor carrier, is not a party to an effective agreement pursuant to section 48-115.02, he or she loses the right to interpose the three defenses mentioned in section 48-102 in any action brought against him or her for personal injury or death of an employee.
Notes of Decisions
Cited in 2
cases, 2004–2020 · leading case: Est. of Coe v. Willmes Trucking, L.L.C., 689 N.W.2d 318 (Neb. 2004).
Est. of Coe v. Willmes Trucking, L.L.C., 689 N.W.2d 318 (Neb. 2004). “Section 48-103 provides that when an employer fails to carry workers’ compensation insurance or one of its acceptable alternatives, “he or she loses the right to interpose the three defenses mentioned in section 48-102 in any action brought against him or her for personal injury…”
Merrick v. Fischer, Rounds & Assocs., 305 Neb. 230 (Neb. 2020). “Powers,12 this court noted that although it may be good business for an insurance agent to make insurance coverage suggestions, absent evidence that an insurance agent has agreed to provide advice or the insured was reasonably led by the agent to believe he would receive advice,…”
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