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Elective compensation; liability; scope.
When employer and employee shall by agreement, express or implied, or otherwise as provided in section 48-112accept the provisions of the Nebraska Workers' Compensation Act,
compensation shall be made for personal injuries to or for the death of
such employee by accident arising out of and in the course of his or
her employment, without regard to the negligence of the employer,
according to the schedule provided in such act, in all cases except
when the injury or death is caused by willful negligence on the part of
the employee. The burden of proof of such fact shall be upon the
- Laws 1913, c. 198, § 10, p. 581;
- R.S.1913, § 3651;
- C.S.1922, § 3033;
- C.S.1929, § 48-110;
- R.S.1943, § 48-110;
- Laws 1986, LB 811, § 29.
- When read with section 48-111,
this section mandates that an employee surrenders his or her right to
any method, form, or amount of compensation or determination thereof
against his or her employer or workers' compensation insurer other than
that as provided in the Nebraska Workers' Compensation Act when that
employee sustains an injury, arising out of and in the course of his or
her employment, that is covered by the act. Ihm v. Crawford & Co.,
254 Neb. 818, 580 N.W.2d 115 (1998).
- Employee may not recover for
injuries resulting from his willful negligence. Bole v. S.M.S. Trucking
Co., 187 Neb. 341, 190 N.W.2d 780 (1971).
- Burden of establishing willful
negligence is on employer. Myszkowski v. Wilson & Co., Inc., 155
Neb. 714, 53 N.W.2d 203 (1952).
- School teacher was not entitled
to compensation when injured while absent from place of employment for
lunch. Berry v. School District, 154 Neb. 787, 49 N.W.2d 617 (1951).
- Where transportation furnished to
employee carried him only part way to work, and he was injured while
walking the remaining distance, injury did not arise out of and in the
course of employment. Lincoln Traction Co. v. Reason, 143 Neb. 512, 10
N.W.2d 344 (1943).
- Where defense is willful
negligence of employee any competent evidence tending to show knowledge
by employee of the dangerous character of act which subsequently caused
his death is admissible, and it was error to exclude testimony of
witness that he had warned deceased of his danger. Richards v. Abts,
135 Neb. 347, 281 N.W. 611 (1938).
- To avoid liability on ground of
willful negligence, employer must prove a deliberate act knowingly
done, or such conduct as evidences a reckless indifference to safety.
Hoff v. Edgar, 133 Neb. 403, 275 N.W. 602 (1937).
- Death of traveling salesman who
was shot by highwayman while traveling from one town to another in
furtherance of employer's business, was compensable. Goodwin v. Omaha
Printing Co., 131 Neb. 212, 267 N.W. 419 (1936).
- Where employee was shot
accidentally while engaged in aiding fellow workman who was
accomplishing private purpose, injury did not arise out of employment
and was not compensable hereunder. Bergantzel v. Union Transfer Co.,
124 Neb. 200, 245 N.W. 593 (1932).
- Subcontractor, whose employee is
injured while engaged in line of his duties by actionable negligence of
original contractor, is employer under Workmen's Compensation Act, and
original contractor is third person within meaning of statute
subrogating employer to employee's or dependents' rights. Boyd v.
Humphreys, 117 Neb. 799, 223 N.W. 658 (1929).