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NE LB313

Bill

Status

Introduced

1/16/2025

Primary Sponsor

Teresa Ibach

Click for details

Origin

Legislature

109th Legislature

AI Summary

  • 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

  • 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

  • Requires the employer or workers' compensation insurer to be reimbursed from the remaining balance for all past compensation payments and any future compensation obligations

  • Any funds remaining after the employee's one-third share and the insurer's reimbursement are paid to the employee or personal representative

  • 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

Committee Referrals

Business and Labor1/21/2025

Full Bill Text

No bill text available