Construction Site Injuries in Nebraska
Whether an injured construction worker in Nebraska can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: Under the Nebraska Workers' Compensation Act, an injured worker's claim against the employer (and the employer's insurer) is through workers' compensation, which surrenders other remedies against them. Neb. Rev. Stat. §§ 48-111, 48-118
| Construction site injuries | Under the Nebraska Workers' Compensation Act, an injured worker's claim against the employer (and the employer's insurer) is through workers' compensation, which surrenders other remedies against them. The act expressly preserves the worker's right to sue a third person who is liable for the injury, with the employer or insurer joined for reimbursement of compensation paid. No Nebraska scaffold-law statute was identified for this entry. Third parties: https://nebraskalegislature.gov/laws/statutes.php?statute=48-118 |
|---|---|
| Fault rule (comparative negligence) | Modified comparative negligence (50% bar). The injured person's contributory negligence reduces damages proportionately but does not bar recovery, unless it is equal to or greater than the total negligence of all persons being sued, in which case recovery is completely barred. The jury must be told the effect of its allocation. Source: Neb. Rev. Stat. § 25-21,185.09 |
| Deadline to sue for an injury | Four years for an action for injury to the rights of the plaintiff not arising on contract and not otherwise listed, which covers most negligence personal injury claims. Some claims have different periods under other sections (for example, professional negligence and wrongful death, two years). Source: Neb. Rev. Stat. § 25-207(3) |
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FAQ
Can you sue for a construction accident in Nebraska?
Under the Nebraska Workers' Compensation Act, an injured worker's claim against the employer (and the employer's insurer) is through workers' compensation, which surrenders other remedies against them. The act expressly preserves the worker's right to sue a third person who is liable for the injury, with the employer or insurer joined for reimbursement of compensation paid. No Nebraska scaffold-law statute was identified for this entry.
Can you recover damages if you were partly at fault in Nebraska?
Modified comparative negligence (50% bar). The injured person's contributory negligence reduces damages proportionately but does not bar recovery, unless it is equal to or greater than the total negligence of all persons being sued, in which case recovery is completely barred. The jury must be told the effect of its allocation.
What is the statute of limitations for personal injury in Nebraska?
Four years for an action for injury to the rights of the plaintiff not arising on contract and not otherwise listed, which covers most negligence personal injury claims.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.