The Nebraska workers compensation act — formally the Nebraska Nebraska Workers’ Compensation Act (the name is set by Neb. Rev. Stat. § 48-1,110), found at Nebraska Revised Statutes Chapter 48, Article 1, §§ 48-101 to 48-1,117 — is the statute behind every workers’ comp claim, benefit and employer mandate in the state.
This plain-English guide to the Nebraska workers compensation act gives the section numbers next to the rules people actually need: who must be covered, the deadlines, the waiting period, the pay rate, the exclusive-remedy bargain, the ban on retaliation and the penalties. Verified against the official code as of October 2026.
Nebraska at a Glance
| Official name | Nebraska Workers’ Compensation Act (the name is set by Neb. Rev. Stat. § 48-1,110) |
| Where it lives | Nebraska Revised Statutes Chapter 48, Article 1, §§ 48-101 to 48-1,117 |
| First enacted | 1913 |
| Reporting deadline | § 48-133 — written notice of the injury, giving the time, place and cause, must go to the employer “as soon as practicable” after the injury. There is no fixed number of days. |
| Filing deadline | § 48-137 — 2 years after the accident (or 2 years after death) to file a petition or reach an agreement. If the employer has made payments, the 2 years runs from the last payment. |
| Exclusive remedy | §§ 48-111 and 48-148 — filing a claim, accepting payment, or bringing the claim to the Workers’ Compensation Court releases the employer from all other legal claims for the injury. Main exception: the worker can still sue a negligent third party who is not the employer, and the employer or insurer has a subrogation right under § 48-118. |
In This Nebraska Guide:
What the Nebraska Workers Compensation Act Is
A workers’ compensation act is a no-fault deal written into state law: the employer pays for work injuries without the worker proving fault, and the worker gives up most lawsuits against the employer in return. The Nebraska workers compensation act dates to 1913. It lives at Nebraska Revised Statutes Chapter 48, Article 1, §§ 48-101 to 48-1,117, and the official text is linked in the sources.
Nebraska is one of the few states where a dedicated trial court, the Nebraska Workers’ Compensation Court, decides disputed claims instead of an administrative board. Under § 48-101, a worker may lose benefits if they were willfully negligent at the time of the injury. Under § 48-131, any agreement in which a worker waives their rights under the Act is invalid.
The weekly maximum and minimum change every year under § 48-121.01; confirm the current figure with the Court and a licensed attorney.
Who the Nebraska Workers Compensation Act Covers
§ 48-106(1) — the Act applies to the State, its agencies, and every resident or nonresident employer working in Nebraska with 1 or more employees in its regular trade or business. § 48-145 requires employers to secure payment of compensation through insurance or approved self-insurance. § 48-106(2) — exempts railroads in interstate or foreign commerce, household domestic servants in a private home, and agricultural employers with only related employees.
Agricultural employers with unrelated employees are also exempt unless they employ 10 or more unrelated full-time workers on each working day for 13 calendar weeks in a year. This farm exemption does not apply to the State or its agencies.
Deadlines in the Nebraska Workers Compensation Act
Waiting period: § 48-119 — 7 calendar days; benefits start on day 8. If the disability lasts 6 weeks or longer, the waiting week is also paid.. Wage-loss rate: § 48-121 — 66 2/3 percent of the average weekly wage, subject to the yearly maximum and minimum set under § 48-121.01 (confirm the current-year figure with the Workers’ Compensation Court)..
Nebraska Workers Compensation Act: Key Sections at a Glance
The sections of the Nebraska workers compensation act that decide most cases, each with its citation:
| Coverage mandate | § 48-106(1) — the Act applies to the State, its agencies, and every resident or nonresident employer working in Nebraska with 1 or more employees in its regular trade or business. § 48-145 requires employers to secure payment of compensation through insurance or approved self-insurance. |
| Exemptions | § 48-106(2) — exempts railroads in interstate or foreign commerce, household domestic servants in a private home, and agricultural employers with only related employees. Agricultural employers with unrelated employees are also exempt unless they employ 10 or more unrelated full-time workers on each working day for 13 calendar weeks in a year. This farm exemption does not apply to the State or its agencies. |
| Report an injury | § 48-133 — written notice of the injury, giving the time, place and cause, must go to the employer “as soon as practicable” after the injury. There is no fixed number of days. |
| File a claim | § 48-137 — 2 years after the accident (or 2 years after death) to file a petition or reach an agreement. If the employer has made payments, the 2 years runs from the last payment. |
| Waiting period | § 48-119 — 7 calendar days; benefits start on day 8. If the disability lasts 6 weeks or longer, the waiting week is also paid. |
| Wage-loss rate | § 48-121 — 66 2/3 percent of the average weekly wage, subject to the yearly maximum and minimum set under § 48-121.01 (confirm the current-year figure with the Workers’ Compensation Court). |
| Exclusive remedy | §§ 48-111 and 48-148 — filing a claim, accepting payment, or bringing the claim to the Workers’ Compensation Court releases the employer from all other legal claims for the injury. Main exception: the worker can still sue a negligent third party who is not the employer, and the employer or insurer has a subrogation right under § 48-118. |
| Retaliation | NONE in the statute — Nebraska has no section in the Act that bars retaliation. The Nebraska Supreme Court recognized a common-law tort for retaliatory discharge in Jackson v. Morris Communications Corp., 265 Neb. 423 (2003). Under that tort, a worker fired for filing a workers’ comp claim may sue for damages. Confirm with a licensed attorney. |
| Uninsured employer penalty | § 48-145.01 — an employer that willfully fails to secure coverage commits a Class I misdemeanor. Responsible officers and managers can be personally liable for benefits. The court may add a penalty of up to 1000 per violation (each day counts as a separate violation) and may bar the employer from doing business in Nebraska until it complies. |
| Who hears disputes | § 48-152 — the Nebraska Workers’ Compensation Court, a separate statewide court, hears disputed claims. Its judges decide claims at trial, and appeals go to the Nebraska Court of Appeals or the Nebraska Supreme Court (§ 48-185). |
The Exclusive-Remedy Bargain in the Nebraska Workers Compensation Act
§§ 48-111 and 48-148 — filing a claim, accepting payment, or bringing the claim to the Workers’ Compensation Court releases the employer from all other legal claims for the injury. Main exception: the worker can still sue a negligent third party who is not the employer, and the employer or insurer has a subrogation right under § 48-118.
Retaliation and Penalties Under the Nebraska Workers Compensation Act
NONE in the statute — Nebraska has no section in the Act that bars retaliation. The Nebraska Supreme Court recognized a common-law tort for retaliatory discharge in Jackson v. Morris Communications Corp., 265 Neb. 423 (2003). Under that tort, a worker fired for filing a workers’ comp claim may sue for damages.
Confirm with a licensed attorney. § 48-145.01 — an employer that willfully fails to secure coverage commits a Class I misdemeanor. Responsible officers and managers can be personally liable for benefits.
The court may add a penalty of up to 1000 per violation (each day counts as a separate violation) and may bar the employer from doing business in Nebraska until it complies. § 48-152 — the Nebraska Workers’ Compensation Court, a separate statewide court, hears disputed claims. Its judges decide claims at trial, and appeals go to the Nebraska Court of Appeals or the Nebraska Supreme Court (§ 48-185).
📨 Get Free Workers Comp Guides Alerts
Free · No spam · Unsubscribe anytime
Recent Amendments to the Nebraska Workers Compensation Act
No amendment to the Nebraska workers compensation act effective in 2024, 2025 or 2026 was identified in the official code at verification time. Benefit maximums still change every year under the existing sections.
How to Read the Nebraska Workers Compensation Act
Statute pages are written for lawyers, so read the Nebraska workers compensation act in this order: the definitions section (who is an employee), the coverage section, then the specific section for your question, using the citations above. The official code is the source; the summaries on legal-information sites are not.
If a section of the Nebraska workers compensation act seems to conflict with what an insurer told you, the section wins — and the state agency’s information line can confirm it for free.
Applying the act: the Nebraska claim guide turns these sections into steps and dates, and the Nebraska requirements guide covers the employer side.
Frequently Asked Questions
Where is the Nebraska workers compensation act in the code?
Nebraska Revised Statutes Chapter 48, Article 1, §§ 48-101 to 48-1,117. The sources below link to the official text.
How long do I have to report a work injury under the Nebraska act?
§ 48-133 — written notice of the injury, giving the time, place and cause, must go to the employer “as soon as practicable” after the injury. There is no fixed number of days.. Report in writing as soon as possible either way.
Can I sue my employer instead of using the Nebraska workers compensation act?
Usually not — the exclusive-remedy section bars most lawsuits against a covered employer. Claims against third parties, and against an uninsured employer, are the common exceptions.
Official Nebraska Sources & Resources
- Nebraska Nebraska Workers’ Compensation Court: https://www.newcc.gov
- Nebraska Workers’ Comp Statute: https://nebraskalegislature.gov/laws/statutes.php?statute=48-1,110
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This Nebraska workers compensation act guide was last verified against official Nebraska sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
You May Also Like
More Nebraska Workers’ Comp Guides
- How to File a Nebraska Workers’ Comp Claim
- Nebraska Workers’ Comp Settlements
- Nebraska Workers’ Comp Requirements (Employers)
- Workers’ Comp Guides for All 50 States
Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.