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Nebraska Workers' Compensation Legal Library

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48-117. Employers; evasion of law; compensation; calculation.

When compensation is claimed from or proceedings taken against a person, firm, or corporation under section 48-116, the compensation shall be calculated with reference to the wage the worker was receiving from the person by whom he or she was immediately employed at the time of the injury.


  • Laws 1913, c. 198, 17, p. 585;
  • R.S.1913, 3658;
  • C.S.1922, 3040;
  • C.S.1929, 48-117;
  • R.S.1943, 48-117;
  • Laws 1986, LB 811, 36.


    Where the wage is certain, employment is continuous, and contract of hire is definite, compensation will be computed according to the terms of contract in force at the time of the accident. Redfern v. Safeway Stores, Inc., 145 Neb. 288, 16 N.W.2d 196 (1944).

    Injured workman, working only one day in week, was only entitled to compensation upon basis of amount actually paid. Johnsen v. Benson Food Center, 143 Neb. 421, 9 N.W.2d 749 (1943).

    Receipt and acceptance of workmen's compensation by city fireman does not deprive him of right to fireman's pension. City of Lincoln v. Steffensmeyer, 134 Neb. 613, 279 N.W. 272 (1938).

    Where contract was for thirty hours a week at fifty cents an hour, compensation award on basis of weekly wage of thirty dollars was error. Drum v. Omaha Steel Works, 129 Neb. 273, 261 N.W. 351 (1935).

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