Nebraska

Does my Nebraska business need workers compensation insurance?

The Nebraska Workers Compensation Act applies to the entire State of Nebraska, and every business employing one or more employees regardless of profession, government entity, age of employees, or part-time work.

Who is exempt from Nebraska workers compensation coverage?

There are a few exemptions:

· Federal and railroad employees, the majority of volunteers, and independent contractors.

· Household domestic servants and some employees of agricultural operations are exempt but may be covered if their employee elects to provide insurance.

· Full-time self-employed individuals, sole proprietors, partners, and limited liability company members. However, they may elect to be covered by filing a written election with the insurer from whom workers compensation insurance coverage is obtained.

· Executive officers of Nebraska nonprofit corporations owning at least 25 percent of the corporation's common stock that not considered employees. To elect coverage, a corporate officer must file such election in writing with the insurer and the corporate secretary but not with the court.

· Executive officers of Nebraska nonprofit corporations who receive annual compensation of $1,000.00 or less from the corporation are not considered employees of the corporation. To elect coverage, a corporate officer must file such election in writing with the insurer and the corporate secretary but not with the court.

Does Nebraska workers compensation law have specific requirements for subcontractors/contractors and sole proprietors?

Independent contractors and sole proprietors are not required to carry workers compensation insurance. This does not relieve them of possible lawsuits from workers who become injured on the job.

How do I determine whether a Nebraska worker is an independent contractor or an employee?

The Act itself does not classify who is an independent contractor; however, case law provides several factors to be considered on a case-by-case basis, with no single factor at determinative. The Nebraska Supreme Court supplies a ten-factor test on the subject. Further inquiries should be directed to:

Nebraska Workers Compensation Court
P.O. Box 98908
Lincoln, NE 68509-8908
800-599-5155 or 402-471-6468

Nebraska Workers
Compensation Links

Nebraska Employers Frequently Asked Questions
Nebraska Proof of Workers Compensation Data Base
Nebraska Workers Compensation Publication and Forms
Nebraska Workers Compensation Contact Information

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