48-110 Elective compensation; liability; scope. - Nebraska Statutes

48-110. Elective compensation; liability; scope.When employer and employee shall by agreement, express or implied, or otherwise as provided in section 48-112 accept the provisions of the Nebraska Workers' Compensation Act, compensation shall be made for personal injuries to or for the death of such employee by accident arising out of and in the course of his or her employment, without regard to the negligence of the employer, according to the schedule provided in such act, in all cases except when the injury or death is caused by willful negligence on the part of the employee. The burden of proof of such fact shall be upon the employer. SourceLaws 1913, c. 198, § 10, p. 581; R.S.1913, § 3651; C.S.1922, § 3033; C.S.1929, § 48-110; R.S.1943, § 48-110; Laws 1986, LB 811, § 29. AnnotationsWhen read with section 48-111, this section mandates that an employee surrenders his or her right to any method, form, or amount of compensation or determination thereof against his or her employer or workers' compensation insurer other than that as provided in the Nebraska Workers' Compensation Act when that employee sustains an injury, arising out of and in the course of his or her employment, that is covered by the act. Ihm v. Crawford & Co., 254 Neb. 818, 580 N.W.2d 115 (1998).Employee may not recover for injuries resulting from his willful negligence. Bole v. S.M.S. Trucking Co., 187 Neb. 341, 190 N.W.2d 780 (1971).Burden of establishing willful negligence is on employer. Myszkowski v. Wilson & Co., Inc., 155 Neb. 714, 53 N.W.2d 203 (1952).School teacher was not entitled to compensation when injured while absent from place of employment for lunch. Berry v. School District, 154 Neb. 787, 49 N.W.2d 617 (1951).Where transportation furnished to employee carried him only part way to work, and he was injured while walking the remaining distance, injury did not arise out of and in the course of employment. Lincoln Traction Co. v. Reason, 143 Neb. 512, 10 N.W.2d 344 (1943).Where defense is willful negligence of employee any competent evidence tending to show knowledge by employee of the dangerous character of act which subsequently caused his death is admissible, and it was error to exclude testimony of witness that he had warned deceased of his danger. Richards v. Abts, 135 Neb. 347, 281 N.W. 611 (1938).To avoid liability on ground of willful negligence, employer must prove a deliberate act knowingly done, or such conduct as evidences a reckless indifference to safety. Hoff v. Edgar, 133 Neb. 403, 275 N.W. 602 (1937).Death of traveling salesman who was shot by highwayman while traveling from one town to another in furtherance of employer's business, was compensable. Goodwin v. Omaha Printing Co., 131 Neb. 212, 267 N.W. 419 (1936).Where employee was shot accidentally while engaged in aiding fellow workman who was accomplishing private purpose, injury did not arise out of employment and was not compensable hereunder. Bergantzel v. Union Transfer Co., 124 Neb. 200, 245 N.W. 593 (1932).Subcontractor, whose employee is injured while engaged in line of his duties by actionable negligence of original contractor, is employer under Workmen's Compensation Act, and original contractor is third person within meaning of statute subrogating employer to employee's or dependents' rights. Boyd v. Humphreys, 117 Neb. 799, 223 N.W. 658 (1929).