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

Neb. Rev. Stat. § 48-110 (2026)

Elective compensation; liability; scope

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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When employer and employee shall by agreement, express or implied, or otherwise as provided in section 48-112 accept the provisions of the Nebraska Workers' Compensation Act, compensation shall be made for personal injuries to or for the death of such employee by accident arising out of and in the course of his or her employment, without regard to the negligence of the employer, according to the schedule provided in such act, in all cases except when the injury or death is caused by willful negligence on the part of the employee. The burden of proof of such fact shall be upon the employer.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1937–2022 · leading case: Dutcher v. Nebraska Dept. of Corr. Servs., 979 N.W.2d 245 (Neb. 2022).
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Dutcher v. Nebraska Dept. of Corr. Servs., 979 N.W.2d 245 (Neb. 2022). · cites it 3× “” 22 This court has long held that there is no intentional tort exception to the Nebraska Workers’ Compensation Act. 23 Section 48-110 states that when an employer and employee accept the provisions of the Nebraska Workers’ Compensation Act, by express or implied agreement or as…”
Ihm v. Crawford & Co., 580 N.W.2d 115 (Neb. 1998). · cites it 2× “Neb. Rev. Stat. § 48-110 (Reissue 1993) provides in part: When employer and employee shall by agreement, express or implied, or otherwise as provided in section 48-112 accept the provisions of the Nebraska Workers’ Compensation Act, compensation shall be made for personal…”
Myszkowski v. Wilson & Co., 53 N.W.2d 203 (Neb. 1952). · cites it 2× “Having come to the conclusion that the claimant is entitled to recover, the question arises as to the amount of compensation he is entitled to receive.”
Hoff v. Edgar, 275 N.W. 602 (Neb. 1937). · cites it 2× “It is a sufficient answer to say that section 48-110, *407 Comp. St. 1929, allows recovery “without regard to the negligence of the employer.”
Bole v. S.M.S. Trucking Co., 190 N.W.2d 780 (Neb. 1971). “See § 48-110, R. R. S. 1943. On appellate review of a workmen’s compensation case in the Supreme Court, it will not be considered de novo if the findings of fact are supported by the evidence.”
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