Workers compensation law, rules and policy information for Nebraska



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State: Nebraska

Updated: 03-10-2018

Authority/State Rating Bureau: NCCI

National Council on Compensation Insurance (NCCI)
901 Peninsula Corporate Circle
Boca Raton, FL 33487-1362
800-622-4123

Compulsory: Yes

Private Insurance: Allowed

Self-Insurance: Allowed

State Fund: No State Fund

Assigned Risk: Nebraska Department of Insurance – Administered by The Travelers Insurance Company

Assigned Risk Contact Information: Travelers Insurance Companytual Insurance Company, contact at:

Travelers Insurance Company – Nebraska Assigned Risk Plan

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

Small Deductible Program Details:
Allowed: Yes – It is mandatory that insurance carriers make available
Deductible Range: $500 – $2,500
Type: Medical Only
Effect on Experience Rating: Gross
Available In: Voluntary Markets
For More Information About How Deductible Programs Work

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. The rating payroll used for a sole proprietor is $36,300 as of 2-1-12, $36,900 as of 2-1-2013, $37,900 as of 2-1-2014, $38,800 as of 2-1-2015. $40,800 as of 2-1-2017. $42,500 as of 2-1-2018.

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. The rating payroll used for a sole proprietor is $36,300 as of 2-1-12, $36,900 as of 2-1-2013, $37,900 as of 2-1-2014, $38,800 as of 2-1-2015. $40,800 as of 2-1-2017. $42,500 as of 2-1-2018.

Corporate Officers: Included in coverage/may elect to be exempt. When included the rating payroll used is banded between a minimum of $36,400 and a maximum of $145,600 as of 2-1-12, $39,000 / $150,800 as of 2-1-2014, $750 per week/$3,000 per week as of 2-1-2015. $750 per week/$3,000 per week as of 2-1-2017.$800 / $3,300 as of 2-1-2018. Note that corporate officers who own 25% or more of the common stock are not considered employees unless they elect to be included. Also coporate officers of a non-profit who are compensated $1,000 or less are not considered to be employees unless they elect to be included.

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. When included the rating payroll used is banded between a minimum of $36,400 and a maximum of $145,600 as of 2-1-12, $39,000 / $150,800 as of 2-1-2014, $750 per week/$3,000 per week as of 2-1-2015. $40,800 as of 2-1-2017. $42,500 as of 2-1-2018.

Election or Rejection of Coverage Form: Sole Proprietors, Self-Employed Individuals, Partners and LLC Members may elect coverage by filing a written election with the insurance company where they secure coverage. Corporate officers may elect coverage by filing a written election with the insurance company providing coverage and with the corporate secretary.

Notes About Forms: Be sure to check with your insurance company for additional forms they may use for inclusion and exclusion.


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.

Experience Rating Eligibility: Nebraska employers will receive an experience modification rate or EMR once they meet one of these triggers:

  • $6,000 in policy premium is generated during the last year or last two years.
  • $3,000 is the average policy premium generated for more than two years.

Nebraska Workers Compensation Subrogation:  Nebraska Statute 48-118 is the Statute of Subrogation for this state. You can view this statute online and we have provided a direct link below for your use.

Nebraska Statute On Subrogation
 
Nebraska Workers Working In Other States; Other States Workers Working In Nebraska, Extraterritorial, Reciprocity and Non-Compliance:  When Nebraska workers are working temporarily in another state, then workers compensation coverage for that worker is governed by the extraterritorial provisions found in Nebraska statutes. When allowed, extraterritorial provisions allow benefits for an injured worker to apply as if the worker was in their primary state. Not all states provide Extraterritorial Provisions. It’s reciprocity that governs how Nebraska coverage responds for a worker from another state who is working temporarily in Nebraska. Compliance of workers compensation laws varies from state to state and it is important for an employer with workers performing duties in other states to be aware of the specific state rules that govern their coverage. We’ve provided the below general information about extraterritorial and reciprocity as a basic guide. Please contact your state authority with your specific questions concerning this topic!




Regulated By:Nebraska Department of Insurance and Nebraska Workers Compensation Court

Nebraska Department of Insurance
Terminal Building
941 O Street, Suite 400
Lincoln, NE 68508-3639
Nebraska Department of Insurance

Nebraska Workers’ Compensation Court
P.O. Box 98908
Lincoln NE 68509-8908
800-599-5155 (toll free) or 402-471-6468
Nebraska Workers Compensation Court

Workers compensation statute can be found here:

Workers Compensation Statute of Nebraska

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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. No warranty as to the accuracy or completeness of this information is provided or to be implied. You must verify this data before use with the individual governing authority for this state. 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.
 

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WORKERS COMPENSATION CONSULTANT
Voice: (573) 489-8323
Fax: (573) 447-4998
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