§ 48-132 — Compensation; employees or dependents under disability; rights; enforcement

Nebraska § 48-132

• Jurisdiction: Nebraska
• Ch. 48: Labor

Text

If an injured employee or a dependent is mentally incompetent or is a minor at the time when any right or privilege accrues to him or her under the Nebraska Workers' Compensation Act, his or her guardian or next friend may, in his or her behalf, claim and exercise such right or privilege.

Legislative History

Source: Laws 1913, c. 198, § 32, p. 593; R.S.1913, § 3673; C.S.1922, § 3055; C.S.1929, § 48-132; R.S.1943, § 48-132; Laws 1961, c. 234, § 1, p. 692; Laws 1986, LB 811, § 51. Cross References: For definitions of incompetent person and guardian, see section 30-2902. Annotations: Failure of guardian to bring action does not bar right of minor from asserting rights after becoming of age. Krajeski v. Beem, 157 Neb. 586, 60 N.W.2d 651 (1953). The act relating to filing claims for compensation makes no exception in favor of minors. Ray v. Sanitary Garbage Co., 134 Neb. 178, 278 N.W. 139 (1938). Where claimant knew her condition from day to day, and knew she had a present total disability, she was not excused from filing claim within time prescribed by statute by continuous confinement to bed as the result of injury. Park v. School District No. 27, Richardson Cty., 127 Neb. 767, 257 N.W. 219 (1934). Minor employee, of an age where legally permitted to work, may elect to come under Workmen's Compensation Act. Navracel v. Cudahy Packing Co., 109 Neb. 506, 191 N.W. 659 (1922).