Nebraska Revised Statutes

Neb. Rev. Stat. § 48-122 (2026)

Compensation; injuries causing death; amount and duration of payments; computation of wages; expenses of burial; alien dependents; appointment of attorney in fact; bond; filing required

✓ current as of July 2026

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(1) If death results from injuries and the deceased employee leaves one or more dependents dependent upon his or her earnings for support at the time of injury, the compensation, subject to section 48-123, shall be not more than the maximum weekly income benefit specified in section 48-121.01 nor less than the minimum weekly income benefit specified in section 48-121.01, except that if at the time of injury the employee receives wages of less than the minimum weekly income benefit specified in section 48-121.01, then the compensation shall be the full amount of such wages per week, payable in the amount and to the persons enumerated in section 48-122.01 subject to the maximum limits specified in this section and section 48-122.03.

(2) When death results from injuries suffered in employment, if immediately prior to the accident the rate of wages was fixed by the day or hour, or by the output of the employee, the weekly wages shall be taken to be computed upon the basis of a workweek of a minimum of five days, if the wages are paid by the day, or upon the basis of a workweek of a minimum of forty hours, if the wages are paid by the hour, or upon the basis of a workweek of a minimum of five days or forty hours, whichever results in the higher weekly wage, if the wages are based on the output of the employee.

(3) Upon the death of an employee, resulting through personal injuries as defined in section 48-151, whether or not there are dependents entitled to compensation, the reasonable expenses of burial, not exceeding eleven thousand dollars, without deduction of any amount previously paid or to be paid for compensation or for medical expenses, shall be paid to his or her dependents, or if there are no dependents, then to his or her personal representative. Beginning in 2023, the Nebraska Workers' Compensation Court shall annually adjust the dollar limitation in this subsection. The adjusted limitation shall be equal to the then current limitation adjusted by the greater of one percent or the percentage change, for the preceding year, in the Consumer Price Index for All Urban Consumers, as prepared by the United States Department of Labor, Bureau of Labor Statistics. Any adjustment shall be effective on July 1. The adjustment shall not exceed two and three-quarters percent per annum. If the amount so adjusted is not a multiple of one hundred dollars, the amount shall be rounded to the nearest multiple of one hundred dollars.

(4) Compensation under the Nebraska Workers' Compensation Act to alien dependents who are not residents of the United States shall be the same in amount as is provided in each case for residents, except that at any time within one year after the death of the injured employee the employer may at his or her option commute all future installments of compensation to be paid to such alien dependents. The amount of the commuted payment shall be determined as provided in section 48-138.

(5)(a)(i) Except as provided in subdivision (5)(a)(ii) of this section, the consular officer of the nation of which the employee, whose injury results in death, is a citizen shall be regarded as the sole legal representative of any alien dependents of the employee residing outside of the United States and representing the nationality of the employee.

(ii) At any time prior to the final settlement, a nonresident alien dependent may file with the Nebraska Workers' Compensation Court a power of attorney designating any suitable person residing in this state to act as attorney in fact in proceedings under the Nebraska Workers' Compensation Act. If the compensation court determines that the interests of the nonresident alien dependent will be better served by such person than by the consular officer, the compensation court shall appoint such person to act as attorney in fact in such proceedings. In making such determination the court shall consider, among other things, whether a consular officer's jurisdiction includes Nebraska and the responsiveness of the consular officer to attempts made by an attorney representing the employee to engage such consular officer in the proceedings.

(b) Such consular officer or appointed person shall have in behalf of such nonresident alien dependents the exclusive right to institute proceedings for, adjust, and settle all claims for compensation provided by the Nebraska Workers' Compensation Act and to receive the distribution to such nonresident alien dependents of all compensation arising thereunder.

(c) A person appointed under subdivision (5)(a)(ii) of this section shall furnish a bond satisfactory to the compensation court conditioned upon the proper application of any money received as compensation under the Nebraska Workers' Compensation Act. Before the bond is discharged, such appointed person shall file with the compensation court a verified account of receipts and disbursements of such money.

(d) For purposes of this section, consular officer means a consul general, vice consul general, or vice consul or the representative of any such official residing within the State of Nebraska.

(6) The changes made to this section by Laws 2019, LB418, apply to cases under the Nebraska Workers' Compensation Act that are pending on September 1, 2019, and to cases filed on or after such date.

Notes of Decisions

Cited in 36 cases (2 in the last 5 years), 1934–2026 · leading case: Olivotto v. DeMarco Bros. Co., 732 N.W.2d 354 (Neb. 2007).

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Olivotto v. DeMarco Bros. Co., 732 N.W.2d 354 (Neb. 2007). · cites it 7× “Neb. Rev. Stat. § 48-122 (3) (Reissue 2004) provides that upon the death of an employee from injuries covered by the workers’ compensation statutes, reasonable expenses of burial, not exceeding $6,000, shall be paid to his dependent or personal representative.”

Osteen v. A. C. & S., Inc., 307 N.W.2d 514 (Neb. 1981). · cites it 5× “After a hearing before the one-judge Workmen’s Compensation Court, the court found that mesothelioma was an occupational disease and, therefore, appellee was entitled to compensation under Neb. Rev. Stat. § 48-122 (Reissue 1978) in the amount of $100 per week, the amount to be…”

Jameson v. Liquid Controls Corp., 618 N.W.2d 637 (Neb. 2000). · cites it 2× “On January 6, 1999, Richard filed a posttrial motion for a determination of attorney fees pursuant to Neb. Rev. Stat. § 48-122 (Cum. Supp. 1996), which the district court also treated as a motion under Neb.”

James v. Rainchieff Constr. Co., 251 N.W.2d 367 (Neb. 1977). · cites it 6× “See § 48-122, R. S. Supp., 1972. The son continued to live with his mother throughout the period mentioned.”

Meyer v. Nielsen Chevrolet Co., 287 N.W. 849 (Neb. 1939). · cites it 2× “That the statute means that there must be proof of dependency in fact and not mere legal dependency is established by section 48-122, Comp. St. Supp. 1937, which provides: “(2) If at the time of the accident which resulted in his death the deceased employee leaves no persons…”

Clifford v. Harchelroad Chevrolet, Inc., 425 N.W.2d 331 (Neb. 1988). “Subsection (2) of § 48-122 (Reissue 1984), relating to compensation to dependents of deceased employees, provides: (2) When death results from injuries suffered in employment, if immediately prior to the accident the rate of wages was fixed by the day or hour, or by the output…”

Copple v. Bowlin, 110 N.W.2d 117 (Neb. 1961). · cites it 2× “Death benefits under the Workmen’s Compensation Act are fixed by section 48-122, R. S. Supp., 1957. Dependents entitled to such benefits are fixed by section 48-124, R.”

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…”

Pawlusiak v. Pawlusiak, 645 N.W.2d 773 (Neb. 2002). · cites it 2× “§ 48-121 (Reissue 1993); or death benefits, Neb. Rev. Stat. § 48-122 (Reissue 1993). Pain and suffering as a separate element *5 of damages is not recoverable in a workers’ compensation case.”

Kraus v. Jones Auto., Inc., 529 N.W.2d 108 (Neb. Ct. App. 1995). · cites it 2× “See Neb. Rev. Stat. § 48-122 (Reissue 1993). Jones Automotive’s answer generally denied the allegations in the petition.”

Lighthill v. McCurry, 122 N.W.2d 468 (Neb. 1963). · cites it 3× “This is a partial dependency case under the Workmen’s Compensation Act, sections 48-122 and 48-124, R. R. S. 1943.”

Coughlin v. Cnty. of Colfax, 27 Neb. Ct. App. 41 (Neb. Ct. App. 2019). · cites it 2× “On account of that injury, Kyle's petition sought benefits for Addisen under Neb. Rev. Stat. §§ 48-122 (Cum. Supp. 2018), 48-124 (Reissue 2010), and 48-125 (Cum.”

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— Neb. Rev. Stat. § 48-122(1) — 1 case

James v. Rainchieff Constr. Co., 251 N.W.2d 367 (Neb. 1977). “See § 48-122, R. S. Supp., 1972. The son continued to live with his mother throughout the period mentioned.”

— Neb. Rev. Stat. § 48-122(3) — 2 cases

Olivotto v. DeMarco Bros. Co., 732 N.W.2d 354 (Neb. 2007). “Neb. Rev. Stat. § 48-122 (3) (Reissue 2004) provides that upon the death of an employee from injuries covered by the workers’ compensation statutes, reasonable expenses of burial, not exceeding $6,000, shall be paid to his dependent or personal representative.”

Bolles v. Midwest Sheet Metal Co. (Neb. Ct. App. 2015).

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