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Current as of January 01, 2024 | Updated by Findlaw Staff
(1) A settlement of a third-party claim under the Nebraska Workers' Compensation Act is void unless:
(a) Such settlement is agreed upon in writing by the employee or his or her personal representative and the workers' compensation insurer of the employer, if there is one, and if there is no insurer, then by the employer; or
(b) In the absence of such agreement, the court before which the action is pending determines that the settlement offer is fair and reasonable considering liability, damages, and the ability of the third person and his or her liability insurance carrier to satisfy any judgment.
(2) If the employee or his or her personal representative or the employer or his or her workers' compensation insurer do not agree in writing upon distribution of the proceeds of any judgment or settlement, the court, upon application, shall order a fair and equitable distribution of the proceeds of any judgment or settlement.
Cite this article: FindLaw.com - Nebraska Revised Statutes Chapter 48. Labor § 48-118.04. Third-party claims; settlement; requirements - last updated January 01, 2024 | https://codes.findlaw.com/ne/chapter-48-labor/ne-rev-st-sect-48-118-04/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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