If both employer and employee become subject to the Nebraska Workers' Compensation Act, both shall be bound by the schedule of compensation provided in such act, which compensation shall be paid in every case of injury or death caused by accident or occupational disease arising out of and in the course of employment, except accidents caused by or resulting in any degree from the employee's willful negligence as defined in section 48-151 .
Neb. Rev. Stat. § 48-109
Elective compensation; schedule; duty
Applied in 4 court decisions — leading case Ludwick v. Triwest Healthcare Alliance and Physicians Clinic, Inc. (2004)
Most recently applied in Estate of Coe v. Willmes Trucking, L.L.C. (December 2004)
Laws 1913, c. 198, § 9, p. 581; R.S.1913, § 3650; C.S.1922, § 3032; C.S.1929, § 48-109; Laws 1943, c. 113, § 2, p. 397; R.S.1943, § 48-109; Laws 1986, LB 811, § 28.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.