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

Neb. Rev. Stat. § 48-107 (2026)

Employer's liability; employee's willful negligence; burden of proof

✓ current as of July 2026
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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.

Notes of Decisions
Cited in 8 cases, 1939–2020 · leading case: Eddy v. Builders Supply Co., 304 Neb. 804 (Neb. 2020).
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Eddy v. Builders Supply Co., 304 Neb. 804 (Neb. 2020). · cites it 2× “Under Neb. Rev. Stat. § 48-107 (Reissue 2010), the employer bears the burden to prove the employee’s willful negligence.”
Guico v. Excel Corp., 619 N.W.2d 470 (Neb. 2000). · cites it 4× “As there is no contention that Guico injured himself deliberately or as a consequence of intoxication, the Workers' Compensation Court correctly focused upon whether Guico's conduct at the time of his injury evidenced a reckless indifference to safety.”
Est. of Coe v. Willmes Trucking, L.L.C., 689 N.W.2d 318 (Neb. 2004). · cites it 2× “Neb. Rev. Stat. § 48-107 (Reissue 2004). An appellate court, however, gives “considerable deference to a trial judge’s determination of whether particular conduct amounted to willful negligence.”
Klein v. Trinity Indus., Inc., 201 N.W.2d 200 (Neb. 1972). · cites it 2× “See § 48-107, R.R.S.1943; compare Gifford v. Ag Lime, Sand & Gravel Co.”
Rexroat v. State, 7 N.W.2d 163 (Neb. 1942). · cites it 2× “Section 48-107, Comp. St. 1929, provides: “In all actions at law brought pursuant to Part I of this article (48-101 to 48-108) the burden of proof to establish wilful negligence of the injured employee shall be on the defendant.”
Richards v. Abts, 287 N.W. 199 (Neb. 1939). · cites it 2× “In discussing the law relating to this case, section 48-101, Comp. St. 1929, provides that the employee cannot recover if he was wilfully negligent at the time of receiving such injury.”
Johnson v. Hahn Bros. Constr. Inc., 196 N.W.2d 109 (Neb. 1972). “The district court by its findings that the injuries arose out of and in the course of the employment has determined the defense of intoxication favorably to Johnson.”
Eddy v. Builders Supply Co., 304 Neb. 804 (Neb. 2020). · cites it 2× “Under Neb. Rev. Stat. § 48-107 (Reissue 2010), the employer bears the burden to prove the employee’s willful negligence.”
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