Nebraska § 48-103 Employer's liability; defenses; when not available

Nebraska Statutes

§ 48-103 — Employer's liability; defenses; when not available

Nebraska § 48-103

Ch. 48Labor

This text of Nebraska § 48-103 (Employer's liability; defenses; when not available) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 48-103 (2026).

Text

If an employer, as defined in section  48-106 , does not carry a policy of workers' compensation insurance nor qualify as a self-insurer or, in the case of an employer who is a lessor of one or more commercial motor vehicles leased to a self-insured motor carrier, is not a party to an effective agreement pursuant to section  48-115.02 , he or she loses the right to interpose the three defenses mentioned in section  48-102  in any action brought against him or her for personal injury or death of an employee.

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If an employer, as defined in section 48-106 , does not carry a policy of workers' compensation insurance nor qualify as a self-insurer or, in the case of an employer who is a lessor of one or more commercial motor vehicles leased to a self-insured motor carrier, is not a party to an effective agreement pursuant to section 48-115.02 , he or she loses the right to interpose the three defenses mentioned in section 48-102 in any action brought against him or her for personal injury or death of an employee.

Legislative History

Source: Laws 1913, c. 198, § 3, p. 579; R.S.1913, § 3644; C.S.1922, § 3026; C.S.1929, § 48-103; R.S.1943, § 48-103; Laws 1971, LB 572, § 3; Laws 1986, LB 811, § 25; Laws 1997, LB 474, § 1. Annotations: Under this section, when an employer fails to carry workers' compensation insurance or an acceptable alternative and an injured employee elects to seek damages in a common-law action, the employer "loses the right to interpose" contributory negligence (unless the employee was intoxicated or willfully negligent), the fellow-servant rule, and assumption of the risk as defenses in the action. Estate of Coe v. Willmes Trucking, 268 Neb. 880, 689 N.W.2d 318 (2004).