Nebraska § 48-126.01 Wages or compensation rate; basis
of computation

Nebraska Statutes

§ 48-126.01 — Wages or compensation rate; basis of computation

Nebraska § 48-126.01

Ch. 48Labor

This text of Nebraska § 48-126.01 (Wages or compensation rate; basis of computation) 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. § 48-126.01 (2026).

Text

(1)(a) In determining the compensation to be paid any member of the military forces of this state, any member of a law enforcement reserve force, or any member of the Nebraska Emergency Management Agency, any city, village, county, or interjurisdictional emergency management organization, or any state emergency response team, which military forces, law enforcement reserve force, or emergency management agency, organization, or team is organized under the laws of the State of Nebraska, or any person fulfilling conditions of probation, or community service as defined in section 29-2277 , pursuant to any order of any court of this state who shall be working for a governmental body, or agency as defined in section 29-2277 , pursuant to any condition of probation, or community service as defi

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(1)(a) In
determining the compensation to be paid any member of the military forces
of this state, any member of a law enforcement reserve force, or any member of the Nebraska
Emergency Management Agency, any city, village, county, or interjurisdictional
emergency management organization, or any state emergency response team, which military forces, law enforcement reserve
force, or emergency management agency,
organization, or team is organized under the laws of the State
of Nebraska, or any person fulfilling conditions of probation, or community
service as defined in section 29-2277 , pursuant to any order of any court
of this state who shall be working for a governmental body, or agency as defined
in section 29-2277 , pursuant to any condition of probation, or community service
as defined in section 29-2277 , for injuries resulting in disability or death
received in the performance of his or her duties as a member of such military
forces, reserve force, agency,
organization, or team, or pursuant to
an order of any court, the wages of such a member or person shall be taken
to be those received by him or her from his or her regular employer, and he
or she shall receive such proportion thereof as he or she is entitled to under
the provisions of section 48-121 .
(b) If a member or person under subdivision (1)(a) of this section is
not regularly employed by some other person, for the purpose of such determination,
it shall be deemed and assumed that he or she is receiving income from his
or her business or from other employment equivalent to wages in an amount
one and one-half times the maximum weekly
income benefit specified in section 48-121.01 .
(c) If
the wages received for the performance of duties as a member of such military
forces, reserve force, agency,
organization, or team exceed the wages
received from a regular employer, such member shall be entitled to a rate
of compensation based upon wages received as a member of such military forces,
reserve force, agency,
organization, or team.
(2) In determining
the compensation rate to be paid any member of a volunteer fire department
in any rural or suburban fire protection district, city, village, or nonprofit
corporation or any member of a volunteer emergency medical service, which
fire department or emergency medical service is organized under the laws of
the State of Nebraska, for injuries resulting in disability or death received
in the performance of his or her duties as a member of such fire department
or emergency medical service, it shall be deemed and assumed that his or her
wages are in an amount one and one-half times the maximum weekly income benefit
specified in section 48-121.01 or the wages received by such member from his
or her regular employment, whichever is greater. Any member of such volunteer
fire department or volunteer emergency medical service shall not lose his
or her volunteer status under the Nebraska Workers' Compensation Act if such
volunteer receives reimbursement for expenses, reasonable benefits, or a nominal
fee, a nominal per call fee, a nominal per shift fee, or combination thereof.
It shall be conclusively presumed that a fee is nominal if the fee does not
exceed twenty percent of the amount that otherwise would be required to hire
a permanent employee for the same services.

Legislative History

Source: Laws 1913, c. 198, § 26, p. 592; R.S.1913, § 3667; Laws 1917, c. 85, § 10, p. 208; C.S.1922, § 3049; Laws 1927, c. 39, § 2, p. 171; C.S.1929, § 48-126; Laws 1935, c. 57, § 39, p. 208; C.S.Supp.,1941, § 48-126; R.S.1943, § 48-126; Laws 1953, c. 163, § 1(2), p. 513; Laws 1955, c. 186, § 3, p. 532; Laws 1959, c. 224, § 1, p. 790; Laws 1961, c. 233, § 2, p. 691; Laws 1967, c. 289, § 2, p. 790; Laws 1969, c. 394, § 1, p. 1384; Laws 1973, LB 239, § 3; Laws 1973, LB 25, § 2; Laws 1976, LB 782, § 15; Laws 1986, LB 528, § 7; Laws 1996, LB 43, § 9; Laws 1997, LB 138, § 39; Laws 1999, LB 216, § 7; Laws 2014, LB961, § 10.