Suing Over a Work Injury in Nebraska
When Nebraska law lets an injured worker sue the employer, suing a third party such as a driver or equipment maker, and what to do if the employer has no workers' comp.
Short answer: Generally no. Coming under the Nebraska Workers' Compensation Act is a surrender of any other method or amount of compensation, binding the worker and the employer, and the exemption extends to the employer's insurer and to co-employees, officers and directors. Neb. Rev. Stat. §§ 48-111, 48-148, 48-145(3)
| Suing your employer | Generally no. Coming under the Nebraska Workers' Compensation Act is a surrender of any other method or amount of compensation, binding the worker and the employer, and the exemption extends to the employer's insurer and to co-employees, officers and directors. Filing a claim with, or accepting payment from, the employer or its insurer releases the employer from claims at law for the injury. Exceptions in the statutes: a co-employee, officer or director can be sued when the injury was caused by their willful and unprovoked physical aggression, and an employer that fails to carry required insurance must respond in damages to the injured worker. Release: https://nebraskalegislature.gov/laws/statutes.php?statute=48-148 ; uninsured employer: https://nebraskalegislature.gov/laws/statutes.php?statute=48-145 |
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| Suing someone other than your employer | Yes. The worker may sue a third person liable for the injury, and the employer (or its insurer) is subrogated to the worker's rights and must be made a party for reimbursement of compensation paid. Before making a claim or suing a third party, 30 days' notice must be given to the other potential parties (worker or employer/insurer) so they can join. A third-party settlement is void unless the worker and the insurer (or employer if uninsured) agree in writing, or the court finds it fair and reasonable; if they cannot agree how to split the proceeds, the court orders a fair and equitable distribution. Notice: https://nebraskalegislature.gov/laws/statutes.php?statute=48-118.01 ; settlement: https://nebraskalegislature.gov/laws/statutes.php?statute=48-118.04 |
| If your employer has no workers' comp | An employer that fails to insure or self-insure as required must respond in damages to the injured employee (or the employee's dependents in a death case). Willfully failing to secure compensation is a Class I misdemeanor, and responsible corporate officers or managers can be personally liable, jointly with the employer, for compensation that comes due. The employer can be enjoined from doing business in Nebraska and ordered to pay up to $1,000 per violation, with each day a separate violation. Penalties: https://nebraskalegislature.gov/laws/statutes.php?statute=48-145.01 . A state uninsured-employer benefits fund was not identified in the sections read. |
Where to get help in Nebraska
More Nebraska workers' compensation
- Filing a Workers' Comp Claim in Nebraska
- How Much Workers' Comp Pays in Nebraska
- Workers' Comp Settlements in Nebraska
- Retaliation for Filing Workers' Comp in Nebraska
- Appealing a Denied Workers' Comp Claim in Nebraska
- All Nebraska workers' compensation rules
FAQ
Can you sue your employer for a work injury in Nebraska?
Generally no. Coming under the Nebraska Workers' Compensation Act is a surrender of any other method or amount of compensation, binding the worker and the employer, and the exemption extends to the employer's insurer and to co-employees, officers and directors. Filing a claim with, or accepting payment from, the employer or its insurer releases the employer from claims at law for the injury. Exceptions in the statutes: a co-employee, officer or director can be sued when the injury was caused by their willful and unprovoked physical aggression, and an employer that fails to carry required insurance must respond in damages to the injured worker.
Can you sue a third party for a work injury in Nebraska?
Yes. The worker may sue a third person liable for the injury, and the employer (or its insurer) is subrogated to the worker's rights and must be made a party for reimbursement of compensation paid. Before making a claim or suing a third party, 30 days' notice must be given to the other potential parties (worker or employer/insurer) so they can join. A third-party settlement is void unless the worker and the insurer (or employer if uninsured) agree in writing, or the court finds it fair and reasonable; if they cannot agree how to split the proceeds, the court orders a fair and equitable distribution.
What if my employer doesn't have workers' comp insurance in Nebraska?
An employer that fails to insure or self-insure as required must respond in damages to the injured employee (or the employee's dependents in a death case). Willfully failing to secure compensation is a Class I misdemeanor, and responsible corporate officers or managers can be personally liable, jointly with the employer, for compensation that comes due. The employer can be enjoined from doing business in Nebraska and ordered to pay up to $1,000 per violation, with each day a separate violation.
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.