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Elective compensation; election; effect; exemption from liability; exception.
Such agreement or the election provided for in section 48-112shall be a surrender by the parties thereto of their rights to any
other method, form, or amount of compensation or determination thereof
than as provided in the Nebraska Workers' Compensation Act, and an
acceptance of all the provisions of such act, and shall bind the
employee himself or herself, and for compensation for his or her death
shall bind his or her legal representatives, his or her surviving
spouse and next of kin, as well as the employer, and the legal
representatives of a deceased employer, and those conducting the
business of the employer during bankruptcy or insolvency. For the
purpose of this section, if the employer carries a policy of workers'
compensation insurance, the term employer shall also include the
insurer. The exemption from liability given an employer and insurer by
this section shall also extend to all employees, officers, or directors
of such employer or insurer, but such exemption given an employee,
officer, or director of an employer or insurer shall not apply in any
case when the injury or death is proximately caused by the willful and
unprovoked physical aggression of such employee, officer, or director.
- Laws 1913, c. 198, § 11, p. 582;
- R.S.1913, § 3652;
- C.S.1922, § 3034;
- C.S.1929, § 48-111;
- R.S.1943, § 48-111;
- Laws 1965, c. 277, § 1, p. 798;
- Laws 1975, LB 227, § 1;
- Laws 1986, LB 811, § 30.
- When read with section 48-110,
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).
- The exemption from liability
given an employer and insurer by this section does not include
employer's underinsured motorist carrier, even though said insurance
carrier is also employer's workers' compensation carrier. Muller v.
Tri-State Ins. Co., 252 Neb. 1, 560 N.W.2d 130 (1997).
- The portion of this statute that
exempts from liability negligent coemployees of an injured employee
does not violate the open access provision of Neb. Const. art. I, sec.
13. Peterson v. Cisper, 231 Neb. 450, 436 N.W.2d 533 (1989).
- This section limits available
remedies for injuries even when a statute is violated or crime is
committed if the illegal feature of the conduct is not the causative
factor in the injury. Kopfman v. Freedom Drilling Co., 220 Neb. 323,
370 N.W.2d 89 (1985).
- Where plaintiff elected to take
under the statute, and was paid compensation benefits by insurer, he
cannot recover anything more in contract or tort. Pettigrew v. Home
Ins. Co., 191 Neb. 312, 214 N.W.2d 920 (1974).
- Receipt and acceptance of
workmen's compensation by city fireman does not bar his right to a
fireman's pension. City of Lincoln v. Steffensmeyer, 134 Neb. 613, 279
N.W. 272 (1938).
- In compensation cases, the
statute prescribes the entire scope of the right and remedy, and the
parties are limited to the adjective procedure either expressly or by
necessary implication set forth therein. McIntosh v. Standard Oil Co.,
121 Neb. 92, 236 N.W. 152 (1931).
- Parent's right of action for
injury to minor son is not barred by Workmen's Compensation Act. Allen
v. Trester, 112 Neb. 515, 199 N.W. 841 (1924).
- Employee who, by not
affirmatively rejecting, has elected to be bound by Workmen's
Compensation Act, has surrendered right of action against employer for
injury through machine being left unguarded in violation of factory
act. Navracel v. Cudahy Packing Co., 109 Neb. 506, 191 N.W. 659, 193
N.W. 768 (1923).
- An employee who has failed to
file an election not to come under act has no right of action for
damages for negligence of employer. Nedela v. Mares Auto Co., 106 Neb.
883, 184 N.W. 885 (1921).
- Whether pension received from
city by widow of deceased policeman is compensation, is not decided.
Good v. City of Omaha, 102 Neb. 654, 168 N.W. 639 (1918).