NAVIGATING THE COMPENSABILITY OF INJURIES THAT OCCUR AT SOCIAL OR RECREATIONAL EVENTS

by Baylor Evnen, LLP | Jul 27, 2026 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Nebraska, injuries that occur during an employer-sponsored recreational or social event are potentially compensable even though they are not part of an employee’s typical work duties. Whether or not these activities are “in the course of” employment is the key issue for determining whether an injury is compensable. In the case of Shade v. […]

NEBRASKA COURT OF APPEALS ADDRESSES THE FACTUAL BASIS FOR CLAIM DENIAL

by Baylor Evnen, LLP | Jul 25, 2026 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Perez Yax v. Packers Sanitation Servs., the Nebraska Court of Appeals addressed what type of evidence may create a reasonable basis for the denial of workers’ compensation benefits and what actions may be considered “willful negligence.”  The opinion was not selected for permanent publication, and thus is not binding precedent for other Nebraska courts, […]

WORKERS’ COMPENSATION FIRST REPORT OF INJURY BILL PASSES PROVIDING PROTECTION FOR INJURED WORKERS

by Baylor Evnen, LLP | Apr 15, 2026 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Recently, the Nebraska Legislature passed LB 455, introduced by Senator Bob Hallstrom (Syracuse) on Friday. In a change from past practice, LB 455 requires the Workers’ Compensation Court to withhold workers’ compensation first reports of injury from disclosure to the public. An agreement was reached to advance the bill with an amendment to establish the […]

NAVIGATING INJURIES CAUSED BY HORSEPLAY IN THE WORKPLACE IN NEBRASKA

by Baylor Evnen, LLP | Mar 31, 2026 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Nebraska, a claimant must prove that an injury arose out of and occurred in the course of employment. When the injury is caused by horseplay, this may remove the injury from compensability because horseplay is a deviation from an employee’s typical work duties. The determining factor in this situation is how far of a […]

NEBRASKA’S MAXIMUM WEEKLY BENEFIT RATE TO INCREASE TO $1,166.00

by Baylor Evnen, LLP | Dec 2, 2025 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

The Nebraska Workers’ Compensation Court has announced that the maximum weekly income benefit under the Nebraska Workers’ Compensation Act will increase to $1,166.00 for work-related injuries and illnesses occurring on or after January 1, 2026. The previous maximum rate of $1,130.00 is still applicable to injuries and illnesses that occurred on or between January 1, […]

NEBRASKA WORKERS’ COMPENSATION LEGISLATIVE UPDATE – 2025 SESSION RECAP

by Baylor Evnen, LLP | Jun 16, 2025 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

The first session of the 109th Legislature recently adjourned. There were a number of bills introduced that dealt with the workers’ compensation system in Nebraska. LB 313, introduced by Senator Ibach (Sumner), dealt with subrogation and would modify the current standard for payment of judgments or settlements from a “fair and equitable distribution of the […]