Compensation; employees or dependents under disability; rights; enforcement.
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
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.
For definitions of incompetent person and guardian, see section 30-2902.
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).
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