Nebraska
Pesticide Reporting Requirements
Region
Nebraska
Required to Report
Yes
What to Report
Any Pesticide-Related Exposure
State Office
Department of Health and Human Services, Regulation and Licensure
Phone 1
402-471-2937
Timeframe to Report Injury or Exposure
7 Days
Reporting Notes
- Reports are to be made to the local health department if the area is served by an approved local full-time health service whose health director has specified this method of reporting. In all other areas, the reports are to be made directly to the Nebraska Department of Health and Human Services
- Occupational Health Surveillance: Health and Safety Resources for Workers
- Pesticide | Nebraska Department of Agriculture
Mandated to report
PhysiciansHospitalsLaboratories
Workers' Compensation
Coverage for Farmworkers
Required (with limitations)
Limitations
The only agricultural employers that must provide workers' compensation are those with 10 or more full-time employees for 13 weeks during the calendar year (the weeks do not have to be consecutive). Employers who are not required to provide coverage may elect to do so. Neb. Rev. Stat. § 48-106(6)(2).
Statute
Neb. Rev. Stat. § 48-106(2)(c)-(d) (2011)
Coverage for Undocumented Workers
Yes
Case Law
Vasquez v. J.F. O'Neill Packing Co., 2003 WL 21919673 (Neb. Work. Comp. Ct. 2003) (finding illegal aliens constitute "employees" under workers' comp statute); Ortiz v. Chief Indus., Inc., 2002 WL 31771099 (Neb. Work. Comp. Ct 2002) (finding that definition of "employee" does not differentiate between alien (legal or otherwise) and citizen workers”, and that violation of a statute does not affect a compensation claim unless the illegal conduct caused the injury).
Benefits Available for Undocumented Workers
While refraining from deciding whether undocumented worker is a covered employee (because neither party raised the issue), the Nebraska Supreme Court held that undocumented workers are not eligible for vocational rehabilitation services. Ortiz v. Chief Indus., Inc., 708 N.W.2d 610, 613 (Neb. 2005). The Ortiz court accepted that undocumented workers were eligible for some (unnamed) workers' compensation benefits.
State Workers’ Compensation Website
Online forms