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Top 10 List of Work Comp Audit Errors
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Nebraska Workers Compensation Laws
Workers compensation policy information for the State of Nebraska
- State: Nebraska
- Authority/Rating Bureau: NCCI, National Council on Compensation Insurance
- Compulsory: Yes
- Private Insurance: Allowed
- Self-Insurance: Allowed
- State Fund: No state fund
- Assigned Risk: The Travelers Insurance Company - Contact at:
- Travelers - Nebraska WCIP
- P.O. Box 3556
- Orlando, FL 32802
- Fax: 407-388-3006
- Customer Service: (800) 842-9346
- Numerical Exceptions: None - 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 workers' compensation law including employees of private industry, state and local government, part-time employees, minors, and employees of charitable organizations. See special notes for exceptions.
- Individual Waivers Allowed: Yes
- Sole Proprietor: Excluded from coverage/may elect to be included - Self-employed individuals, sole proprietors, who are actually engaged in the business on a substantially full-time basis may elect to be covered under the Nebraska Workers' Compensation Act. To elect coverage such a person must file a written election with the insurer from whom workers' compensation insurance coverage is obtained.
- Partners: Excluded from coverage/may elect to be included - Partners who are actually engaged in the business on a substantially full-time basis may elect to be covered under the Nebraska Workers' Compensation Act. To elect coverage such a person must file a written election with the insurer from whom workers' compensation insurance coverage is obtained.
- Corporate Officers: Included in coverage/may elect to be exempt
- LLC Members: Excluded from coverage/may elect to be included - Limited liability company members who are actually engaged in the business on a substantially full-time basis may elect to be covered under the Nebraska Workers' Compensation Act. To elect coverage such a person must file a written election with the insurer from whom workers' compensation insurance coverage is obtained.
- Contractors: 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 case-by-case basis, and no single factor is determinative. The Nebraska Supreme Court applies a ten-factor test to make a determination. Further inquiries should be directed to:
- Nebraska Workers' Compensation Court
- P.O. Box 98908
- Lincoln, NE 68509-8908
- 800-599-5155 or 402-471-6468
- Special Notes: Exemptions from coverage under the Nebraska Workers Compensation Act are - Federal employees, railroad employees, most volunteers, and independent contractors. Household domestic servants and some employees of agricultural operations are covered under the Nebraska Workers' Compensation Act only if the employer elects to provide worker's compensation insurance for them. [Note: Effective August 31, 2003, 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. Every exempt employer who does not elect to provide workers' compensation insurance coverage must give all unrelated employees written notice at the time of hiring.
- Regulated By:
- Nebraska Department of Insurance
- Terminal Building
- 941 O Street, Suite 400
- Lincoln, NE 68508-3639
- http://www.doi.ne.gov/
- Nebraska Workers' Compensation Court
- P.O. Box 98908
- Lincoln NE 68509-8908
- 800-599-5155 (toll free)
- 402-471-6468
- http://www.wcc.ne.gov/
- Workers Compensation Statute:
- http://uniweb.legislature.ne.gov/QS/laws.php?mode=show_chap&chapter=48
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- Information on this page is provided only as a reference. While we strive to mantain accurate information on this site please realize workers compensation laws are complicated and subject to change at any time. If you need help with a workers compensation problem or have a specific situation or question please contact our office. Otherwise please consult your states governing authority or an attorney in your state of residency for assistance.
Contact Us:
WORKERS COMPENSATION CONSULTANT
Voice: (573) 999-6948
Fax: (573) 447-4998
email: rks@workcompconsultant.com
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