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Nebraska Workers' Compensation Legal Library

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48-107. Employer's liability; employee's willful negligence; burden of proof.

In all actions at law brought pursuant to sections 48-101 to 48-108 the burden of proof to establish willful negligence of the injured employee shall be on the defendant.


  • Laws 1913, c. 198, 7, p. 580;
  • R.S.1913, 3648;
  • C.S.1922, 3030;
  • C.S.1929, 48-107;
  • R.S.1943, 48-107.


    The burden of proving intoxication as a defense is on the employer. Johnson v. Hahn Bros. Const. Inc., 188 Neb. 252, 196 N.W.2d 109 (1972).

    Mere negligence of employee is not sufficient to preclude recovery, but such conduct must be shown as manifests a reckless disregard of consequences coupled with a consciousness that injury will naturally or probably result. Richards v. Abts, 136 Neb. 741, 287 N.W. 199 (1939).

    Burden is on employer to establish willful negligence, and he must prove a deliberate act knowingly done or conduct evidencing reckless indifference to his own safety on part of employee. Hoff v. Edgar, 133 Neb. 403, 275 N.W. 602 (1937).

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