Employment Resources

The Act applies to most employees. It does not apply to independent contractors. Most Nebraska employers are required to have workers’ compensation insurance to make sure coverage is in place if employees are injured while working. Exceptions, such as for federal employers, can be found in Neb. Rev. Stat. § 48-106.

An injured employee who is covered by the Act may obtain benefits:

- if the injury was caused by an accident or disease that arose out of and in the course of their employment and the injury occurred in Nebraska,
- the employer was performing work in Nebraska or the employment is in Nebraska, or
- the employee was hired in Nebraska and the employer is doing business or performing work in Nebraska, whether or not the injury occurred in Nebraska.

If an employee dies as a result of a work-related injury, the employee’s dependents may be entitled to benefits under the Act.

Benefits may include:
- Medical benefits
- Disability benefits (Indemnity benefits)
- Return-to-Work services or Vocational Rehabilitation Benefits

To verify workers’ compensation insurance coverage, use the link below to go to the court’s Nebraska Proof of Coverage Online Look-Up Application. Members of the public may search for workers’ compensation insurance information for a particular employer, on a particular date, through our website. This service is provided free of charge. If you cannot find the information you are looking for, you may contact the court directly from this search app.

https://nellak.newcc.gov/web-apps/employer-coverage

If a worker suspects the insurer is engaging in unfair claims practices, they may contact the Nebraska Department of Insurance with their questions or concerns: https://doi.nebraska.gov/

The status of agricultural operations under the Nebraska Workers’ Compensation Act was changed by LB 210 from the 2003 session of the Nebraska Legislature. Employers engaged in an agricultural operation are exempt from providing workers’ compensation insurance coverage if they employ only related employees. Agricultural employers who employ unrelated employees are also exempt unless in a calendar year they employ 10 or more unrelated, full-time employees, on each working day for 13 calendar weeks (consecutive or not). The act applies to an employer 30 days after the 13th week.

An employer exempt from the act may elect to provide workers’ compensation coverage for its employees. Such election is made by the employer obtaining a workers’ compensation insurance policy from an insurer licensed to write workers’ compensation insurance in Nebraska.

Every exempt employer who does not elect to provide workers’ compensation insurance coverage must give all unrelated employees the following written notice at the time of hiring or at any time more than 30 calendar days prior to the time of injury: “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 plan accordingly.” The notice must be signed by the unrelated employee and retained by the employer. Failure to provide this notice subjects an employer to liability under the act for any unrelated employee to whom such notice was not given.

The following definitions are included in LB210:

Agricultural operation: The cultivation of land for the production of agricultural crops, fruit, or other horticultural products; or the ownership, keeping, or feeding of animals for the production of livestock or livestock products.

Full-time employee: A person who is employed to work one-half or more of the regularly scheduled hours during each pay period.

Related employee: A spouse of an employer and an employee related to the employer within the third degree by blood or marriage. This includes parents, grandparents, great grandparents, children, grandchildren, great grandchildren, brothers, sisters, uncles, aunts, nephews, nieces, and spouses of the same.

Learn more: https://www.newcc.gov/resources/court-forms-and-publications/agricultural-operations

The Nebraska Workers’ Compensation Act (Act) applies to the State of Nebraska, to every governmental agency created by it, and to every employer in the state employing one or more employees in the regular trade, business, profession, or vocation of the employer. Thus, virtually all employees are covered by the Act, including employees of private industry, state and local government, part-time employees, minors, and employees of charitable organizations. However, employers are not required to provide coverage for independent contractors. At times, there is disagreement on whether a worker is an employee or an independent contractor. While the Act does not define “independent contractor,” case law provides several factors to consider when determining whether a worker is an employee or an independent contractor. This decision is made on a cases-by-case basis, and no single factor is determinative. The Nebraska Supreme Court applies a 10-factor test when determining whether a worker is an independent contractor or an employee.

Learn more: https://www.newcc.gov/resources/court-forms-and-publications/independent-contractor-or-employee