Recent Case Law

Nebraska Workers' Compensation Decisions of Note

 

Jackson v. Morris Communications Corp., 265 Neb. 423, 657 NW2d 634 (2003)


Jackson filed a civil action for retaliatory discharge alleging she was fired because she filed a workers' compensation claim.  The district court granted summary judgment to the employer on the grounds that Nebraska is an "at-will" employment state.

On appeal, the Nebraska Supreme Court first noted Nebraska Workers' Compensation Act does not specifically prohibit an employer from discharging an employee for filing a claim.  Then the Court looked at the Act's purpose of relieving injured workers from the adverse economic effects of a work injury or occupational disease.  Further, the Court noted the Act requires an employer to provide compensation through insurance or self-insurance and that requirement would be frustrated if employers could prevent workers' compensation filings by threatening to discharge an employee if they file a claim.

The Court concluded that not finding a public policy exception to the at-will employment doctrine for retaliatory discharge would ignore the beneficent nature of the Act.  Therefore, the Court held the nature of Nebraska's Workers' Compensation Act warranted application of the public policy exception.  As such, Nebraska now recognizes and allows an action for retaliatory discharge when an employee has been discharged for filing a workers' compensation claim.