Nebraska Workers' Compensation laws & safety compliance analysis

Nebraska Workers' Compensation: What you need to know

Who Is Covered?

Virtually all employees in Nebraska must be covered by workers' compensation insurance. This includes state employees and employees of the Nebraska National Guard, as well as persons employed as a condition of probation. Volunteer firefighters and ambulance drivers and attendants are covered and considered employees of the town or district that they serve. Executive officers of a corporation who own less than 25 percent of the corporation's common stock or an executive officer of a nonprofit corporation who receives annual compensation of more than $1,000, are considered employees and must be covered by workers' compensation insurance. Employees of nonresident employers are covered when performing work in Nebraska (NE Rev. Stat. Sec. 48-101 et seq.).

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The only exceptions to mandatory coverage are for employers of domestic servants, railroad companies engaged in interstate or foreign commerce, and agricultural employers that employ only related employees. Agricultural employers that employ unrelated employees are also exempt, unless they employ 10 or more unrelated, full-time employees every day for 13 calendar weeks, consecutive or nonconsecutive, during a calendar year. Workers' compensation becomes mandatory for these employers 30 days after the 13th week.

Employers that fall within the exceptions may obtain coverage at their option, as may a self-employed person. If exempt employers do not elect coverage, they must provide each employee with a copy of the following in writing when they are hired: In this employment you will not be covered by the Nebraska Workers' Compensation Act, and you will not be compensated under the act if you are injured on the job or suffer an occupational disease. You should ...

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