EMPLOYEE OR INDEPENDENT CONTRACTOR? THE TEST THAT WILL DETERMINE LIABILITY FOR WORKERS’ COMPENSATION

Whether or not a worker is considered an employee or an independent contractor can determine liability for workers’ compensation benefits under the Nebraska Workers’ Compensation Act. The Supreme Court of Nebraska recently revisited the ten factor test to determine if a worker was an employee or an independent contractor in Wright v. H & S […]

UPDATE | 2021 WORKERS’ COMPENSATION LEGISLATION

LB 256 As we reported last week, the Business and Labor Committee advanced LB 256 to General File on a 7-0 vote. Introduced by Senator Matt Hansen, LB 256 provides that a release may be used to finalize an agreement to resolve all issues other than future medical where the employee is eligible for Medicare, […]

UPDATE | 2021 WORKERS’ COMPENSATION LEGISLATION

As of the close of business on Friday, March 12, Committee hearings were completed.  Priority bill designations will wrap up early this week when the Speaker of the legislature selects his 25 priority bills. We anticipate that the balance of the session will be dominated by balancing the state budget and debating priority bills. Early […]

2021 WORKERS’ COMPENSATION LEGISLATION

As of yesterday, every legislative bill addressing workers’ compensation has now been heard in committee. Every bill remains in committee and no action has been taken on them, except LB 407, which was advanced to General File on 2/11/21. See below for a summary of each bill and a report on the testimony given at […]

EFFECTIVE JANUARY 1, 2021, THE NEBRASKA MAXIMUM WEEKLY INCOME BENEFIT WILL BE $914.00

On January 1, 2021, the maximum weekly income benefit rate under the Nebraska Workers’ Compensation Act will increase to $914.00. This amount will apply to work-related injuries and illnesses occurring on or after January 1, 2021. The new figure, $914.00, represents one hundred percent of the state wide average weekly wage (rounded to the nearest […]

2020 NEBRASKA LEGISLATURE’S FINAL ACTIONS AFFECTING WORKERS COMPENSATION

The Nebraska Legislature concluded its most recent session with the passage of several bills, including LB 963, the First Responders’ Mental Injuries Bill under the Nebraska Workers’ Compensation Act. The bill was passed in recognition of the perceived unique challenges first responders face on a daily basis. The bill does two things: (1) it lowers […]
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