48-112 Elective compensation; presumption. - Nebraska Statutes

48-112. Elective compensation; presumption.In the occupations described in section 48-106, all contracts of employment shall be presumed to have been made with reference and subject to the Nebraska Workers' Compensation Act. Every such employer and every employee is presumed to accept and come under such sections. SourceLaws 1913, c. 198, § 12, p. 582; R.S.1913, § 3653; Laws 1917, c. 85, § 2, p. 199; C.S.1922, § 3035; C.S.1929, § 48-112; Laws 1935, c. 57, § 17, p. 196; C.S.Supp.,1941, § 48-112; R.S.1943, § 48-112; Laws 1971, LB 572, § 6; Laws 1986, LB 811, § 31. AnnotationsA public utility employee cannot maintain a separate suit against a city for an injury incurred on the job, because the Nebraska Workers' Compensation Act is the exclusive remedy of the injured public utility employee against the city where the public utility is an agency or department of the city. Hofferber v. City of Hastings, 275 Neb. 503, 747 N.W.2d 389 (2008).Employee must be given notice under this section. Imus v. Bead Mountain Ranch, Inc., 183 Neb. 343, 160 N.W.2d 171 (1968).Sale of seed corn upon a commission basis did not constitute salesman an employee. Bohy v. Pfister Hybrid Co., 179 Neb. 337, 138 N.W.2d 23 (1965).Election of employee not to come under part II of act is binding on his dependents. White v. National Window Cleaning Co., 132 Neb. 155, 271 N.W. 341 (1937).Where it was not disclosed whether contract was made before or after taking effect of act, presumption that act was applicable did not arise. Smith v. Fall, 122 Neb. 783, 241 N.W. 560 (1932).Both parties are presumed to have contracted with reference to Workmen's Compensation Act and subject thereto. Dietz Club v. Niehaus, 110 Neb. 154, 193 N.W. 344 (1923); Avre v. Sexton, 110 Neb. 149, 193 N.W. 342 (1923); Nedela v. Mares Auto Co., 110 Neb. 108, 193 N.W. 345 (1923); Nosky v. Farmers Union Co-op. Assn., 109 Neb. 489, 191 N.W. 846 (1922).Employer cannot take advantage of own fault to detriment of employee. Dietz Club v. Niehaus, 110 Neb. 154, 193 N.W. 344 (1923).Noninsuring employer is liable either for damages at common law or compensation, at election of employee. Avre v. Sexton, 110 Neb. 149, 193 N.W. 342 (1923); Nedela v. Mares Auto Co., 110 Neb. 108, 193 N.W. 345 (1923).Minor employee may elect under Workmen's Compensation Act. Navracel v. Cudahy Packing Co., 109 Neb. 506, 191 N.W. 659 (1922).