§ 48-147 — Liability insurance; existing contract; effect of law; violations; penalty

Nebraska § 48-147

• Jurisdiction: Nebraska
• Ch. 48: Labor

Text

Nothing in the Nebraska Workers' Compensation Act shall affect any existing contract for employers liability insurance, or affect the organization of any mutual or other insurance company, or any arrangement existing between employers and employees, providing for payment to such employees, their families, dependents, or representatives, sick, accident, or death benefits in addition to the compensation provided for by such act; but liability for compensation under such act shall not be reduced or affected by any insurance of the injured employee, or any contribution or other benefit whatsoever, due to or received by the person entitled to such compensation, and the person so entitled shall, irrespective of any insurance or other contract, have the right to recover the same directly from the employer, and in addition thereto, the right to enforce in his or her own name in the manner provided in section 48-146 the liability of any insurer who may, in whole or in part, have insured the liability for such compensation. Payment in whole or in part of such compensation by either the employer or the insurer, as the case may be, shall, to the extent thereof, be a bar to recovery against the other of the amount so paid. No agreement by an employee to pay any portion of premium paid by his or her employer or to contribute to a benefit fund or department maintained by such employer for the purpose of providing compensation as required by the Nebraska Workers' Compensation Act shall be valid, and any employer who makes a deduction for such purpose from the pay of any employee entitled to the benefits of such act shall be guilty of a Class II misdemeanor. Nothing in this section invalidates or prohibits agreements pursuant to subdivision (11) of section 48-115 or section 48-115.02 .

Legislative History

Source: Laws 1913, c. 198, § 48, p. 600; R.S.1913, § 3689; C.S.1922, § 3071; C.S.1929, § 48-148; R.S.1943, § 48-147; Laws 1971, LB 572, § 10; Laws 1977, LB 40, § 273; Laws 1986, LB 811, § 74; Laws 1997, LB 474, § 6; Laws 1999, LB 216, § 11. Annotations: Pension benefits made under city ordinance did not affect the right of plaintiff to claim and receive under Workmen's Compensation Act. Novotny v. City of Omaha, 207 Neb. 535, 299 N.W.2d 757 (1980). Receipt and acceptance of workmen's compensation does not bar city fireman from right to fireman's pension. City of Lincoln v. Steffensmeyer, 134 Neb. 613, 279 N.W. 272 (1938). Widow of city fireman, who had received pension, was not barred thereby from claiming compensation for accidental death. Shandy v. City of Omaha, 127 Neb. 406, 255 N.W. 477 (1934). Payment of private insurance benefits, even if made pursuant to an employer-funded plan, does not entitle an employer to reduce an employee's benefits due under the Workers' Compensation Act. Nunn v. Texaco Trading & Transp., 3 Neb. App. 101, 523 N.W.2d 705 (1994).