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

Neb. Rev. Stat. § 48-109 (2026)

Elective compensation; schedule; duty

✓ current as of July 2026
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If both employer and employee become subject to the Nebraska Workers' Compensation Act, both shall be bound by the schedule of compensation provided in such act, which compensation shall be paid in every case of injury or death caused by accident or occupational disease arising out of and in the course of employment, except accidents caused by or resulting in any degree from the employee's willful negligence as defined in section 48-151.

Notes of Decisions
Cited in 20 cases, 1933–2004 · 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 3× “) Neb. Rev. Stat. § 48-109 (Reissue 2004) provides: If both employer and employee become subject to the Nebraska Workers’ Compensation Act, both shall be bound by the schedule of compensation provided in such act, which compensation shall be paid in every case of injury or death…”
Ludwick v. Triwest Healthcare All. & Physicians Clinic, Inc., 678 N.W.2d 517 (Neb. 2004). · cites it 3× “See Neb. Rev. Stat. §§ 48-109 (Reissue 1998) and 48-121 (Cum.”
Marlow v. Maple Manor Apts., 228 N.W.2d 303 (Neb. 1975). · cites it 7× “1943, provides as follows: “If any employee, or his dependents in case of death, of any employer subject to the provisions of sections 48-109 to 48-147 files any claim with, or accepts any payment from such employer, or from any insurance company carrying such risk, on account…”
Kaiser v. Millard Lumber, Inc., 587 N.W.2d 875 (Neb. 1999). · cites it 2× “(2) Every person in the service of an employer who is engaged in any trade, occupation, business, or profession .”
Union Pac. R.R. v. Kaiser Agric. Chem. Co., 425 N.W.2d 872 (Neb. 1988). “on found in § 48-148 of the Nebraska Workers’ Compensation Act, which provides: If any employee, or his dependents in case of death, of any employer subject to the provisions of sections 48-109 to 48-147 files any claim with, or accepts any payment from such employer, or from…”
Hauff v. Kimball, 77 N.W.2d 683 (Neb. 1956). · cites it 3× “” Section 48-109, R. R. S. 1943, declares: “If both employer and employee become subject to sections 48-109 to 48-147, both shall be bound by the schedule of compensation provided in section 48-121, which compensation shall be paid in every case of injury *63 or death caused by…”
Krajeski v. Beem, 60 N.W.2d 651 (Neb. 1953). · cites it 3× “Section 48-109, R. R. S. 1943, provides: “If both employer and employee become subject to sections 48-109 to 48-147, both shall be bound by the schedule of compensation provided in section 48-121, which compensation shall be paid in every case of injury or death caused by…”
Simon v. Stand. Oil Co., 36 N.W.2d 102 (Neb. 1949). · cites it 2× “The compensation law does not make the employer an insurer against all injuries suffered by his employees in the course of their employment, but it does limit recovery of disability benefits to injuries received both in the course of and out of the employment.”
Myszkowski v. Wilson & Co., 53 N.W.2d 203 (Neb. 1952). · cites it 2× “An employee is entitled to recover compensation under the provisions of the workmen’s compensation law when he suffers injury as the- result of an accident arising out of and in the course of his employment (see section 48-109, R. S. 1943), but the burden is upon him to…”
Johnston v. State, 364 N.W.2d 1 (Neb. 1985). “Section 48-148 provides: If any employee, or his dependents in case of death, of any employer subject to the provisions of sections 48-109 to 48-147 files any claim with, or accepts any payment from such employer, or from any insurance company carrying such risk, on account of…”
State v. Soto, 659 N.W.2d 1 (Neb. Ct. App. 2003). · cites it 2× “Although the State and the natural children differ in the arguments and reasoning used to support their assertions, they both assert that the compensation court erred in finding that the stepchildren were dependents of James and were entitled to workers’ compensation death…”
Wengler v. Grosshans Lumber Co., 115 N.W.2d 415 (Neb. 1962). · cites it 5× “The plaintiff cites section 48-109, R. R. Si 1943, which provides in part: “If both employer and employee become subject to sections 48-109 to 48-147, both shall be bound by the schedule of compensation provided in section 48-121, which compensation shall be paid -in every case…”
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