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NE LB313
Bill
Status
1/16/2025
Primary Sponsor
Teresa Ibach
Click for details
AI Summary
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Amends Nebraska Workers' Compensation Act sections 48-118 and 48-118.04 to clarify that workers' compensation insurers (not just employers) have subrogation rights against third parties liable for employee injuries or death
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Establishes a specific formula for distributing settlement proceeds when parties cannot agree: reasonable recovery expenses are deducted first, then one-third of the remainder goes to the employee or personal representative
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Requires the employer or workers' compensation insurer to be reimbursed from the remaining balance for all past compensation payments and any future compensation obligations
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Any funds remaining after the employee's one-third share and the insurer's reimbursement are paid to the employee or personal representative
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Settlements of third-party claims remain void unless agreed to in writing by the employee and insurer/employer, or approved by a court as fair and reasonable
Legislative Description
Change provisions under the Nebraska Workers’ Compensation Act relating to subrogation of third-party claims and the distribution of proceeds in the settlement of third-party claims
Last Action
Title printed. Carryover bill
1/7/2026