Nebraska Statutes 48-146. Compensationinsurance; provisions required; approval by Department of Insurance; effectof bankruptcy
No policy of insurance against liability arising under the Nebraska Workers’ Compensation Act shall be issued and no agreement pursuant to section 44-4304 providing group self-insurance coverage of workers’ compensation liability by a risk management pool shall have any force or effect unless it contains the agreement of the workers’ compensation insurer or risk management pool that it will promptly pay to the person entitled to the same all benefits conferred by such act, and all installments of the compensation that may be awarded or agreed upon, and that the obligation shall not be affected by the insolvency or bankruptcy of the employer or his or her estate or discharge therein or by any default of the employer after the injury, or by any default in the giving of any notice required by such policy, or otherwise. Such agreement shall be construed to be a direct promise by the workers’ compensation insurer or risk management pool to the person entitled to compensation enforceable in his or her name. Each workers’ compensation insurance policy and each agreement forming a risk management pool shall be deemed to be made subject to the Nebraska Workers’ Compensation Act. No corporation, association, or organization shall enter into a workers’ compensation insurance policy unless copies of such forms have been filed with and approved by the Department of Insurance. Each workers’ compensation insurance policy and each agreement pursuant to section 44-4304 providing group self-insurance coverage of workers’ compensation liability by a risk management pool shall contain a clause to the effect (1) that as between the employer and the workers’ compensation insurer or risk management pool the notice to or knowledge of the occurrence of the injury on the part of the employer shall be deemed notice or knowledge, as the case may be, on the part of the insurer or risk management pool, (2) that jurisdiction of the employer for the purpose of such act shall be jurisdiction of the insurer or risk management pool, and (3) that the insurer or risk management pool shall in all things be bound by the awards, judgments, or decrees rendered against such employer. Except when the Professional Employer Organization Registration Act allows coverage to be limited to co-employees as specified in a professional employer agreement, each workers’ compensation insurance policy and each agreement providing such group self-insurance coverage shall include within its terms the payment of compensation to all employees who are within the scope and purview of the Nebraska Workers’ Compensation Act, including potential new or unknown employees.
Source
- Laws 1913, c. 198, § 47, p. 599;
- R.S.1913, § 3688;
- Laws 1917, c. 85, § 22, p. 215;
- C.S.1922, § 3070;
- C.S.1929, § 48-147;
- Laws 1933, c. 91, § 1, p. 364;
- Laws 1935, c. 57, § 32, p. 203;
- C.S.Supp.,1941, § 48-147;
- R.S.1943, § 48-146;
- Laws 1949, c. 162, § 1, p. 415;
- Laws 1967, c. 291, § 2, p. 795;
- Laws 1971, LB 572, § 9;
- Laws 1986, LB 811, § 71;
- Laws 1987, LB 398, § 44;
- Laws 1988, LB 1146, § 2;
- Laws 1997, LB 474, § 5;
- Laws 1999, LB 216, § 10;
- Laws 2005, LB 238, § 11;
- Laws 2010, LB579, § 17.
Terms Used In Nebraska Statutes 48-146
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801