(1) The Nebraska Workers' Compensation Act shall apply to the State
of Nebraska, to every governmental agency created by the state, and, except
as provided in this section, to every resident employer in this state and
nonresident employer performing work in this state who employs one or more
employees in the regular trade, business, profession, or vocation of such
employer.
(2) The act shall not apply to:
(a) A railroad company engaged in interstate or foreign commerce;
(b) Service performed by a worker who is a household domestic servant
in a private residence;
(c) Service performed by a worker when performed for an employer who
is engaged in an agricultural operation and employs only related employees;
(d) Service performed by a worker when performed for an employer who
is engaged in an agricultural operation and employs unrelated employees unless
such service is performed for an employer who during any calendar year employs
ten or more unrelated, full-time employees, whether in one or more locations,
on each working day for thirteen calendar weeks, whether or not such weeks
are consecutive. The act shall apply to an employer thirty days after the
thirteenth such week; and
(e) Service performed by a person who is engaged in an agricultural
operation, or performed by his or her related employees, when the service
performed is (i) occasional and (ii) for another person who is engaged in
an agricultural operation who has provided or will provide reciprocal or similar
service.
(3) If the employer is the state or any governmental agency created
by the state, the exemption from the act under subdivision (2)(d) of this
section does not apply.
(4) If the act applies to an employer because the employer meets the
requirements of subdivision (2)(d) of this section, all unrelated employees
shall be covered under the act and such employees' wages shall be considered
for premium purposes.
(5) If an employer to whom the act applies because the employer meets
the requirements of subdivision (2)(d) of this section subsequently does not
employ ten or more unrelated, full-time employees, such employer shall continue
to provide workers' compensation insurance coverage for the employees for
the remainder of the calendar year and for the next full calendar year. When
the required coverage period has expired, such employer may elect to return
to exempt status by (a) posting, continuously in a conspicuous place at the
employment locations of the employees for a period of at least ninety days,
a written or printed notice stating that the employer will no longer carry
workers' compensation insurance for the employees and the date such insurance
will cease and (b) thereafter no longer carrying a policy of workers' compensation
insurance. Failure to provide notice in accordance with this subsection voids
an employer's attempt to return to exempt status.
(6) An employer who is exempt from the act under subsection (2) of this
section may elect to bring the employees of such employer under the act. Such
election is made by the employer obtaining a policy of workers' compensation
insurance covering such employees. Such policy shall be obtained from a corporation,
association, or organization authorized and licensed to transact the business
of workers' compensation insurance in this state. If such an exempt employer
procures a policy of workers' compensation insurance which is in full force
and effect at the time of an accident to an employee of such employer, such
procurement is conclusive proof of the employer's and employee's election
to be bound by the act. Such an exempt employer who has procured a policy
of workers' compensation insurance may elect to return to exempt status by
(a) posting, continuously in a conspicuous place at the employment locations
of the employees for a period of at least ninety days, a written or printed
notice stating that the employer will no longer carry workers' compensation
insurance for the employees and the date such insurance will cease and (b)
thereafter no longer carrying a policy of workers' compensation insurance.
Failure to provide notice in accordance with this subsection voids an employer's
attempt to return to exempt status.
(7) Every employer exempted under subdivision (2)(d) of this section
who does not elect to provide workers' compensation insurance under subsection
(6) of this section shall give all unrelated employees at the time of hiring
or at any time more than thirty calendar days prior to the time of injury
the following written notice which shall be signed by the unrelated employee
and retained by the employer: "In this employment you will not be covered
by the Nebraska Workers' Compensation Act and you will not be compensated
under the act if you are injured on the job or suffer an occupational disease.
You should plan accordingly." Failure to provide the notice required by this
subsection subjects an employer to liability under and inclusion in the act
for any unrelated employee to whom such notice was not given.
(8) An exclusion from coverage in any health, accident, or other insurance
policy covering a person employed by an employer who is exempt from the act
under this section which provides that coverage under the health, accident,
or other insurance policy does not apply if such person is entitled to workers'
compensation coverage is void as to such person if such employer has not elected
to bring the employees of such employer within the act as provided in subsection
(6) of this section.
(9) For purposes of this section:
(a) Agricultural operation means (i) the cultivation of land for the
production of agricultural crops, fruit, or other horticultural products or
(ii) the ownership, keeping, or feeding of animals for the production of livestock
or livestock products;
(b) Full-time employee means a person who is employed to work one-half
or more of the regularly scheduled hours during each pay period; and
(c) Related employee means a spouse of an employer and an employee related
to the employer within the third degree by blood or marriage. Relationship
by blood or marriage within the third degree includes parents, grandparents,
great grandparents, children, grandchildren, great grandchildren, brothers,
sisters, uncles, aunts, nephews, nieces, and spouses of the same. If the employer
is a partnership, limited liability company, or corporation in which all of
the partners, members, or shareholders are related within the third degree
by blood or marriage, then related employee means any employee related to
any such partner, member, or shareholder within the third degree by blood
or marriage.
Notes of Decisions
Larsen v. D B Feedyards, Inc., 648 N.W.2d 306 (Neb. 2002).
· cites it 62× “Employers operating businesses performing commercial services primarily for others, even though the task performed may commonly occur on a farm or a ranch, do not employ "farm or ranch laborers" within the meaning of Nebraska Revised Statute, Section 48-106. *309 This decision…”
Morin v. Indus. Manpower, 687 N.W.2d 704 (Neb. Ct. App. 2004).
· cites it 10× “, and the review panel erred in affirming, that (1) there was jurisdiction in Nebraska to hear Morin’s workers’ compensation claim, due to the out-of-state nature of this case; (2) there was coverage for this claim under Nebraska workers’ compensation law; (3) there was any…”
Merrick v. Fischer, Rounds & Assocs., 305 Neb. 230 (Neb. 2020).
· cites it 7× “Merrick alleged that Western Hay was required to carry workers’ compensation insurance pursuant to Neb. Rev. Stat. § 48-106 (Reissue 2010) and that such insur- ance would have provided coverage for his injuries.”
Hansmeier v. Hansmeier, 25 Neb. Ct. App. 742 (Neb. Ct. App. 2018).
· cites it 9× “The letter dated February 28, 2012, from Farmers Mutual of Nebraska to Scott and Karie regarding the claim under their policy for Heble's accident, sets forth provisions of Neb. Rev. Stat. § 48-106 (Reissue 2010) regarding workers' compensation and includes the relevant…”
Jensen v. Floair, Inc., 326 N.W.2d 19 (Neb. 1982).
· cites it 7× “§ 48-114 (Reissue 1978) with Neb. Rev. Stat. § 48-106 (Reissue 1978). The purpose of amending § 48-115(2) to include subsection (c) is obvious from the legislative history.”
Hilton v. South Carolina Pub. Railways Comm'n, 502 U.S. 197 (1991).
· cites it 2× “§ 23:1037 (West 1985); Neb. Rev. Stat. § 48-106 (1) (1988). Counsel for respondent in this case conceded during oral argument that petitioner may be precluded from seeking an alternative remedy under state law for his injuries, because of a like exclusion in South Carolina law.”
Aboytes-Mosqueda v. LFA Inc., 306 Neb. 277 (Neb. 2020).
· cites it 2× “§ 48-115 (Reissue 2010) provides the statu- tory definition for employee. Applicable here is § 48-115(2), which states in relevant part: “Every person in the service of an employer who is engaged in any trade, occupation, business, or profession as described in section 48-106…”
Leppert v. Parker, 352 N.W.2d 180 (Neb. 1984).
· cites it 10× “This case presents to the court the question of whether one who hires an individual to train horses on the employer’s farm or ranch is an employer of farm or ranch laborers within the meaning of Neb. Rev. Stat. § 48-106 (2) (Reissue 1978), so as to be exempt from the provisions…”
Keith v. Wilson, 84 N.W.2d 192 (Neb. 1957).
· cites it 24× “Prior to the incidents involved here he elected to cause himself to become an employer within the meaning of the Workmen's Compensation Act and to cause his operation to be controlled particularly by section 48-106, R.R.S.1943, which is a part of the workmen's compensation law,…”
Soto v. State, 693 N.W.2d 491 (Neb. 2005).
· cites it 2× “§§ 48-192 through *342 48-1,109 (Reissue 2004), the Legislature set forth “uniform procedures for the bringing of workers’ compensation claims against the state” which “shall be used to the exclusion of all others.”
Kruid v. Farm Bureau Mut. Ins. Co., 770 N.W.2d 652 (Neb. Ct. App. 2009).
· cites it 10× “Section 48-106 sets forth certain exclusions, none of which are applicable to the instant case.”
— Neb. Rev. Stat. § 48-106(1) — 10 cases
Morin v. Indus. Manpower, 687 N.W.2d 704 (Neb. Ct. App. 2004).
“, and the review panel erred in affirming, that (1) there was jurisdiction in Nebraska to hear Morin’s workers’ compensation claim, due to the out-of-state nature of this case; (2) there was coverage for this claim under Nebraska workers’ compensation law; (3) there was any…”
Jensen v. Floair, Inc., 326 N.W.2d 19 (Neb. 1982).
“§ 48-114 (Reissue 1978) with Neb. Rev. Stat. § 48-106 (Reissue 1978). The purpose of amending § 48-115(2) to include subsection (c) is obvious from the legislative history.”
Larsen v. D B Feedyards, Inc., 648 N.W.2d 306 (Neb. 2002).
“Employers operating businesses performing commercial services primarily for others, even though the task performed may commonly occur on a farm or a ranch, do not employ "farm or ranch laborers" within the meaning of Nebraska Revised Statute, Section 48-106. *309 This decision…”
Kruid v. Farm Bureau Mut. Ins. Co., 770 N.W.2d 652 (Neb. Ct. App. 2009).
“Section 48-106 sets forth certain exclusions, none of which are applicable to the instant case.”
— Neb. Rev. Stat. § 48-106(2) — 7 cases
Larsen v. D B Feedyards, Inc., 648 N.W.2d 306 (Neb. 2002).
“Employers operating businesses performing commercial services primarily for others, even though the task performed may commonly occur on a farm or a ranch, do not employ "farm or ranch laborers" within the meaning of Nebraska Revised Statute, Section 48-106. *309 This decision…”
Leppert v. Parker, 352 N.W.2d 180 (Neb. 1984).
“This case presents to the court the question of whether one who hires an individual to train horses on the employer’s farm or ranch is an employer of farm or ranch laborers within the meaning of Neb. Rev. Stat. § 48-106 (2) (Reissue 1978), so as to be exempt from the provisions…”
Morin v. Indus. Manpower, 687 N.W.2d 704 (Neb. Ct. App. 2004).
“, and the review panel erred in affirming, that (1) there was jurisdiction in Nebraska to hear Morin’s workers’ compensation claim, due to the out-of-state nature of this case; (2) there was coverage for this claim under Nebraska workers’ compensation law; (3) there was any…”
— Neb. Rev. Stat. § 48-106(2)(d) — 1 case
Merrick v. Fischer, Rounds & Assocs., 305 Neb. 230 (Neb. 2020).
“Merrick alleged that Western Hay was required to carry workers’ compensation insurance pursuant to Neb. Rev. Stat. § 48-106 (Reissue 2010) and that such insur- ance would have provided coverage for his injuries.”
— Neb. Rev. Stat. § 48-106(3) — 2 cases
— Neb. Rev. Stat. § 48-106(6) — 3 cases
— Neb. Rev. Stat. § 48-106(7) — 3 cases
Hansmeier v. Hansmeier, 25 Neb. Ct. App. 742 (Neb. Ct. App. 2018).
“The letter dated February 28, 2012, from Farmers Mutual of Nebraska to Scott and Karie regarding the claim under their policy for Heble's accident, sets forth provisions of Neb. Rev. Stat. § 48-106 (Reissue 2010) regarding workers' compensation and includes the relevant…”
Merrick v. Fischer, Rounds & Assocs., 305 Neb. 230 (Neb. 2020).
“Merrick alleged that Western Hay was required to carry workers’ compensation insurance pursuant to Neb. Rev. Stat. § 48-106 (Reissue 2010) and that such insur- ance would have provided coverage for his injuries.”
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.