Nebraska Revised Statutes

Neb. Rev. Stat. § 48-118.01 (2026)

Third-party claims; procedure; attorney's fees

✓ current as of July 2026

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Before making a claim or bringing suit against a third person by the employee or his or her personal representative or by the employer or his or her workers' compensation insurer, thirty days' notice shall be given to the other potential parties, unless such notice is waived in writing, of the opportunity to join in such claim or action and to be represented by counsel. If a party entitled to notice cannot be found, the clerk of the Nebraska Workers' Compensation Court shall become the agent of such party for giving notice as required in this section. The notice when given to the clerk of the compensation court shall include an affidavit setting forth the facts, including the steps taken to locate such party.

After the expiration of thirty days, for failure to receive notice or other good cause shown, the district court before which the action is pending shall allow either party to intervene in such action, and if no action is pending then the district court in which it could be brought shall allow either party to commence such action. Each party shall have an equal voice in the claim and the prosecution of such suit, and any dispute arising shall be passed upon by the court before which the case is pending and if no action is pending then by the district court in which such action could be brought.

If the employee or his or her personal representative or the employer or his or her workers' compensation insurer join in prosecuting such claim and are represented by counsel, the reasonable expenses and the attorney's fees shall be, unless otherwise agreed upon, divided between such attorneys as directed by the court before which the case is pending and if no action is pending then by the district court in which such action could be brought.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2016–2025 · leading case: In re Est. of Evertson, 889 N.W.2d 73 (Neb. 2016).

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In re Est. of Evertson, 889 N.W.2d 73 (Neb. 2016). · cites it 16× “The term “the court,” as used in Neb. Rev. Stat. § 48-118.01 (Reissue 2010), refers to the district court.”

Gimple v. Student Transp. of Am., 300 Neb. 708 (Neb. 2018). · cites it 10× “That section requires that the employer and employee, before making such a claim or bringing such a suit, provide notice to the other of the opportunity to join in such claim or action. Section 48-118.01 goes on to provide as follows: Each party shall have an equal voice in the…”

Gimple v. Student Transp. of Am., 300 Neb. 708 (Neb. 2018). · cites it 10× “That section requires that the employer and employee, before mak- ing such a claim or bringing such a suit, provide notice to the other of the opportunity to join in such claim or action.”

Jessica Vanicek v. Lyman-Richey Corp. (8th Cir. 2025). · cites it 3× “See Neb. Rev. Stat. § 48-118.01 (granting subrogee employer an “equal voice in the claim”); id.”

Olsen v. Taylor's Drain & Sewer Serv. (Neb. Ct. App. 2016). · cites it 2× “See Neb. Rev. Stat. § 48-118.01 (Reissue 2010).”

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