The Nebraska Workers' Compensation Act provides essential protections to employees who suffer injuries or illnesses due to their work. A key aspect of this act is understanding who qualifies as an "employee" or "worker." This classification determines eligibility for workers' compensation benefits. Whether you’re an employer looking to ensure compliance or an employee seeking to understand your rights, consulting with an Omaha workers compensation attorney can offer valuable insights.
Who is Considered an Employee or Worker?
Under Nebraska Revised Statute 48-115, the terms "employee" and "worker" are used interchangeably and have the same meaning throughout the Nebraska Workers' Compensation Act. The statute provides a broad definition of these terms, ensuring that a wide range of individuals are covered under the act.
- Service to the State or Governmental Agencies: This includes every person in the service of the state of Nebraska or any governmental agency created by it. This also extends to members of the Nebraska National Guard and the military forces of the State of Nebraska, whether the service is under any appointment or contract of hire, express or implied, oral or written.
- Service to an Employer in Any Trade, Occupation, Business, or Profession: This covers every person in the service of an employer engaged in any trade, occupation, business, or profession as described in section 48-106. This applies regardless of whether the contract of hire is express or implied, oral or written. Importantly, this also includes aliens and minors. For purposes of electing remedies under the Nebraska Workers' Compensation Act, minors have the same power to contract and elect as adult employees.
Understanding these classifications is crucial, especially for businesses and organizations in Nebraska. If there’s uncertainty about whether your workers qualify as employees under this statute, consulting a work comp attorney Omaha NE can help clarify your obligations.
Special Categories of Employees
The statute also identifies several specific categories of workers who are deemed employees under the Nebraska Workers' Compensation Act, including:
- Volunteer Firefighters: Volunteer firefighters are considered employees of their respective fire protection district, city, village, or nonprofit corporation while performing their duties.
- Members of Emergency Management Agencies and Law Enforcement Reserve Forces: Individuals serving in these capacities are also considered employees under the act.
- Volunteer Ambulance Drivers and Emergency Care Providers: These individuals are considered employees of the entity they serve while performing their duties.
These specific classifications ensure that individuals who provide vital services, often in dangerous and high-stress environments, are covered by workers' compensation protections. If you are a volunteer or serve in one of these roles and have been injured while performing your duties, an injury attorney Nebraska can help you navigate the claims process.
Election of Coverage and Exclusions
The Nebraska Workers' Compensation Act also allows certain individuals to elect to be covered under the act or to exclude themselves from coverage, depending on their role. For example:
- Executive Officers of Corporations: Executive officers of a corporation who own less than 25% of the common stock or who receive more than $1,000 in annual compensation are considered employees unless they elect to exclude themselves from coverage.
- Self-Employed Individuals and Business Owners: Individuals who are self-employed or business owners may elect to be covered under the Nebraska Workers' Compensation Act. This election must be made in writing and filed with the workers' compensation insurer.
These provisions ensure that those who might not traditionally be considered employees have the opportunity to obtain workers' compensation coverage. If you’re a business owner or self-employed and are considering electing coverage, consulting with an accident lawyer Nebraska can provide guidance on the best course of action.
Conclusion
Understanding the definitions of "employee" and "worker" under the Nebraska Workers' Compensation Act is crucial for both employers and employees. This classification not only determines eligibility for benefits but also ensures that those who serve in various capacities, from government employees to volunteer firefighters, are protected under the law.
If you have questions about your status as an employee or employer, or if you need assistance with a workers' compensation claim, contact an Omaha workers compensation attorney today. With experienced legal guidance, you can navigate the complexities of Nebraska's workers' compensation laws and ensure that your rights are fully protected.
