2017 Nebraska Revised Statutes
Chapter 48 - LABOR
48-119 Compensation; from what date computed.
48-119. Compensation; from what date computed.
No compensation shall be allowed for the first seven calendar days of disability, except as provided in section 48-120, but if disability extends beyond the period of seven calendar days, compensation shall begin on the eighth calendar day of disability, except that if such disability continues for six weeks or longer, compensation shall be computed from the date disability began. For purposes of this section, a partial day of disability shall be deemed a calendar day of disability.
Source
- Laws 1913, c. 198, § 19, p. 585;
- R.S.1913, § 3660;
- Laws 1917, c. 85, § 5, p. 202;
- Laws 1921, c. 122, § 1, p. 520;
- C.S.1922, § 3042;
- C.S.1929, § 48-119;
- R.S.1943, § 48-118;
- Laws 1999, LB 216, § 2.
Annotations
For scheduled disabilities caused by repetitive trauma, the date disability begins is the same as the date of injury for whole body impairments caused by repetitive trauma. That date is when the employee discontinues work and seeks medical treatment, despite being paid wages while he continued to work. Risor v. Nebraska Boiler, 277 Neb. 679, 765 N.W.2d 170 (2009).
Compensation is to be computed from the date of the injury. Hobza v. Seedorff Masonry, Inc., 259 Neb. 671, 611 N.W.2d 828 (2000).
After injury has continued for six weeks, compensation should be computed from date of injury. Park v. School District No. 27, Richardson Cty., 127 Neb. 767, 257 N.W. 219 (1934).
