Employer's liability; defenses; when not available.
If an employer, as defined in section 48-106, does not carry a policy of workers' compensation insurance nor qualify as a self-insurer or, in the case of an employer who is a lessor of one or more commercial motor vehicles leased to a self-insured motor carrier, is not a party to an effective agreement pursuant to section 48-115.02, he or she loses the right to interpose the three defenses mentioned in section 48-102 in any action brought against him or her for personal injury or death of an employee.
Source:Laws 1913, c. 198, § 3, p. 579; R.S.1913, § 3644; C.S.1922, § 3026; C.S.1929, § 48-103; R.S.1943, § 48-103; Laws 1971, LB 572, § 3; Laws 1986, LB 811, § 25; Laws 1997, LB 474, § 1.
Under this section, when an employer fails to carry workers' compensation insurance or an acceptable alternative and an injured employee elects to seek damages in a common-law action, the employer "loses the right to interpose" contributory negligence (unless the employee was intoxicated or willfully negligent), the fellow-servant rule, and assumption of the risk as defenses in the action. Estate of Coe v. Willmes Trucking, 268 Neb. 880, 689 N.W.2d 318 (2004).