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LB 455

Change provisions of the Nebraska Workers' Compensation Act relating to injury reports and workers' compensation insurance policies and deductibles

109th Legislature (2025-2026) Introduced by Bob Hallstrom

LB455 tightens privacy for the initial workplace injury report, allowing access only to specific parties (with employee consent optional), while AM678 adds data rules and LB313’s t

Presented to Governor on April 10, 2026
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Bill Summary · LB 455

Summary of Nebraska LB455 (2025)

Overview

LB455, introduced January 21, 2025 by Sen. Hallstrom (with Sen. McKeon and Sen. Sorrentino as co-sponsors), would reform confidentiality and access to the first injury report filed under the Nebraska Workers’ Compensation Act (NWCA). The bill amends Neb. Rev. Stat. § 48-144.01 and, through amended provisions adopted via AM678, incorporates elements of LB313. The measure was advanced from the Business and Labor Committee to the General File with amendments.

Purpose and intent

  • Protect the privacy of an employee’s initial workplace injury report by making it confidential, while preserving access rights essential for court administration and enforcement of the NWCA.
  • Provide a mechanism for controlled access to the report for specified parties and purposes, including ongoing data needs and certain investigations.
  • Integrate related changes from LB313 via AM678, addressing subrogation rights in third-party claims and a prescribed order for distributing proceeds from settlements or judgments.

Key provisions

Section 48-144.01 (First injury report confidentiality and access)

  • Requires the insurer to file the initial report of injury with the Nebraska Workers’ Compensation Court within ten days.
  • Creates confidentiality: the report is not open to public inspection or copying, except as allowed under the statute and to enable the Court to administer and enforce the NWCA.
  • Employee waiver option: an employee may elect to waive confidentiality, in which case the report becomes public; the election is binding unless revoked, and revocation can be made via a form prescribed by the Court.
  • Access restrictions: access to the report is permitted only for:
    • The employee, or their attorney/authorized agent
    • The employer, the employee’s insurer, a workers’ compensation insurer, a third-party administrator (TPA), or attorneys/agents of those parties
    • Attorneys representing insurers or TPAs in related claims or lawsuits (with written authorization)
    • Attorneys or authorized agents for state/federal investigations or for statistical purposes with redaction of identifying information when possible
    • A nonprofit organization assisting families of employees who died in workplace incidents (for condolence or memorial purposes)
    • A court-ordered release by a competent court
    • Pleadings or exhibits used in court proceedings may include the report (with confidentiality considerations)
  • The form and manner of requests for inspection are prescribed by the Court administrator.

AM678 (amendment incorporating LB313 elements)

  • Allows the NWCA Court to meet data reporting requirements and public-document/disclosures rules while clarifying access to the injury report.
  • Incorporates LB313 provisions on:
    • Subrogation: workers’ compensation insurers may step in for employers against third parties liable for the injury; recoveries beyond paid benefits go to the employee or their representatives.
    • Third-party settlements: a mandatory, ordered distribution of settlement proceeds if the parties cannot agree; order generally prioritizes: (1) recovery costs, (2) payment to the employee or their representative for past/future benefits, and (3) remaining funds to the employee or representative; the Court may determine if advance payments are exhausted.
    • Court role in determining distribution and advancement of payments.

Affected parties

  • Employees and their families (confidentiality protections; option to waive)
  • Employers
  • Workers’ compensation insurers and third-party administrators
  • Attorneys and authorized agents for the above parties
  • State and federal agencies conducting investigations or compiling statistical data
  • Nonprofit organizations serving families of deceased employees (limited, specified purposes)
  • Courts (NWCA Court) responsible for administration and enforcement

Procedural and timeline aspects

  • Introduced: January 21, 2025
  • Hearing: March 10, 2025 (Business and Labor Committee)
  • Committee action: Advanced to General File with amendments
  • AM678 filed: March 25, 2025
  • AM678: Provisions amended LB455 to incorporate portions of LB313
  • Status: Amended and on track for further consideration (subject to legislative process)

Potential impacts

  • Enhanced privacy for initial injury reports, with clear, narrowly drawn access exceptions.
  • Greater clarity and predictability for settlements and third-party recovery distributions.
  • Data access for authorized purposes remains possible, with redaction where appropriate.
  • Administrative changes for the NWCA Court to manage confidentiality, waivers, and public-data requirements.

For readers seeking a concise takeaway: LB455 largely privatizes the first injury report with employee-consented public access, while AM678 broadens access rules to align with data reporting needs and adds LB313’s allocation rules for third-party recoveries.

Compiled from official sources — confirm details with the bill’s official record.

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