Nebraska Revised Statutes

Neb. Rev. Stat. § 48-121.01 (2026)

Maximum and minimum weekly income benefit; amounts; Governor; power to suspend

✓ current as of July 2026
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(1)(a)(i) Commencing July 1, 1991, the maximum weekly income benefit under sections 48-121 and 48-122 shall be two hundred sixty-five dollars.

(ii) Commencing June 1, 1994, the maximum weekly income benefit under sections 48-121 and 48-122 shall be three hundred ten dollars.

(iii) Commencing January 1, 1995, the maximum weekly income benefit under sections 48-121 and 48-122 shall be three hundred fifty dollars.

(b) Commencing January 1, 1996, and each January 1 thereafter, the maximum weekly income benefit under sections 48-121 and 48-122 shall be one hundred percent, computed to the next higher whole dollar, of the state average weekly wage determined pursuant to section 48-121.02, except that for the purposes of calendar years commencing after 1996, the Governor may not later than November 15, 1996, and not later than each November 15 thereafter, conduct a public hearing after not less than thirty days' notice to consider whether he or she should issue an order to suspend the effectiveness of the change in the maximum weekly income benefit otherwise required by this subdivision for the ensuing calendar year. In order to make his or her decision, the Governor shall consider such factors as recent trends in economic conditions in the state, general wage levels, workers' compensation benefit levels, and workers' compensation premium levels. After such hearing but not later than November 30 immediately thereafter, the Governor may issue an order to suspend the effectiveness of the change in the maximum weekly income benefit otherwise required by this subdivision for the ensuing calendar year.

(2) The minimum weekly income benefit under sections 48-121 and 48-122 shall be forty-nine dollars.

Notes of Decisions
Cited in 13 cases, 1987–2019 · leading case: Vega v. Iowa Beef Processors, Inc., 646 N.W.2d 643 (Neb. 2002).
Vega v. Iowa Beef Processors, Inc., 646 N.W.2d 643 (Neb. 2002). · cites it 24× “The single judge, in confirming the parties’ calculations of the total amount owed pursuant to the October 8, 1998, award, also engaged in a discussion whether certain permanent partial disability benefits could be “stack[ed]” onto temporary total disability benefits up to the…”
Anderson v. Omaha Pub. Sch. Dist., 581 N.W.2d 424 (Neb. 1998). · cites it 26× “At the time of the second award, the maximum weekly benefit allowable under Neb. Rev.Stat. § 48-121.01 (Reissue 1988) was $245.”
Foreman v. State, 483 N.W.2d 752 (Neb. 1992). · cites it 6× “The maximum weekly benefit allowable under Neb. Rev. Stat. § 48-121.01 (Reissue 1988) is $245.”
Rodriquez v. Prime Meat Processors, 421 N.W.2d 32 (Neb. 1988). · cites it 4× “ities are compensated under an earlier portion of § 48-121(3), which provides in pertinent part: For disability resulting from permanent injury of the following classes, the compensation shall be in addition to the amount paid for temporary disability; Provided, the compensation…”
Hull v. Aetna Ins., 529 N.W.2d 783 (Neb. 1995). · cites it 2× “§ 48-121 (2) (Reissue 1993), the amount of compensation for permanent partial disability is 662/3 percent of the difference between the wages received at the time of injury and the earning power of the employee thereafter, but not more than the maximum weekly income benefits…”
Bortolotti v. Universal Terrazzo & Tile Co., 304 Neb. 219 (Neb. 2019). · cites it 4× “Because Universal adduced evidence that Bortolotti’s 2013 wages were $3,950, the Court of Appeals determined that Bortolotti should have been awarded the minimum income benefit of $49 per week under Neb. Rev. Stat. § 48-121.01 (Reissue 2010).”
Hull v. Aetna Ins., 541 N.W.2d 631 (Neb. 1996). · cites it 2× “Under § 48-121(2), the compensation provided to an employee for permanent partial disability is determined by finding 662h percent of the difference between the wages received by the employee at the time of injury and the earning power of the employee after the injury; however,…”
Bituminous Cas. Corp. v. Deyle, 402 N.W.2d 859 (Neb. 1987). · cites it 2× “Neb. Rev. Stat. § 48-121 (1) (Reissue 1984), applicable at the time of the injury, provided in part: “[I]f at the time of injury the employee receives wages of less than forty-nine dollars per week, then he or she shall receive the full amount of such wages *91 per week as…”
Green v. Drivers Mgmt., Inc., 634 N.W.2d 22 (Neb. Ct. App. 2001). · cites it 2× “The temporary total disability award of $427 per week, the maximum weekly income benefit available under Neb. Rev. Stat. § 48-121.01 (Reissue 1998), for 776A weeks covered two different timé periods.”
Bortolotti v. Universal Terrazzo & Tile Co. (Neb. Ct. App. 2019). · cites it 8× “See Neb. Rev. Stat. §§ 48-121.01 and 48-121.02 (Reissue 2010).”
Siliphet v. IBP, Inc., 587 N.W.2d 895 (Neb. Ct. App. 1999). · cites it 4× “) The maximum weekly benefit set out in Neb. Rev. Stat. § 48-121.01 (Reissue 1993) is $265.”
Heppler v. Omaha Cable, Inc., 743 N.W.2d 383 (Neb. Ct. App. 2007). · cites it 8× “Section 48-121 states in part: The following schedule of compensation is hereby established for injuries resulting in disability: (1) For total disability, the compensation during such disability shall be sixty-six and two-thirds percent of the wages received at the time of…”
— Neb. Rev. Stat. § 48-121.01(1)(a)(iii) — 1 case
Anderson v. Omaha Pub. Sch. Dist., 581 N.W.2d 424 (Neb. 1998). “At the time of the second award, the maximum weekly benefit allowable under Neb. Rev.Stat. § 48-121.01 (Reissue 1988) was $245.”
— Neb. Rev. Stat. § 48-121.01(1)(b) — 1 case
Bortolotti v. Universal Terrazzo & Tile Co., 304 Neb. 219 (Neb. 2019). “Because Universal adduced evidence that Bortolotti’s 2013 wages were $3,950, the Court of Appeals determined that Bortolotti should have been awarded the minimum income benefit of $49 per week under Neb. Rev. Stat. § 48-121.01 (Reissue 2010).”
— Neb. Rev. Stat. § 48-121.01(2) — 2 cases
Vega v. Iowa Beef Processors, Inc., 646 N.W.2d 643 (Neb. 2002). “The single judge, in confirming the parties’ calculations of the total amount owed pursuant to the October 8, 1998, award, also engaged in a discussion whether certain permanent partial disability benefits could be “stack[ed]” onto temporary total disability benefits up to the…”
Bortolotti v. Universal Terrazzo & Tile Co., 304 Neb. 219 (Neb. 2019). “Because Universal adduced evidence that Bortolotti’s 2013 wages were $3,950, the Court of Appeals determined that Bortolotti should have been awarded the minimum income benefit of $49 per week under Neb. Rev. Stat. § 48-121.01 (Reissue 2010).”
— Neb. Rev. Stat. § 48-121.01(l)(a)(iii) — 1 case
Anderson v. Omaha Pub. Sch. Dist., 581 N.W.2d 424 (Neb. 1998). “At the time of the second award, the maximum weekly benefit allowable under Neb. Rev.Stat. § 48-121.01 (Reissue 1988) was $245.”
— Neb. Rev. Stat. § 48-121.01(l)(b) — 1 case
Vega v. Iowa Beef Processors, Inc., 646 N.W.2d 643 (Neb. 2002). “The single judge, in confirming the parties’ calculations of the total amount owed pursuant to the October 8, 1998, award, also engaged in a discussion whether certain permanent partial disability benefits could be “stack[ed]” onto temporary total disability benefits up to the…”
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