The NDOT Standard Specifications for Highway Construction, Subsection 107.15, paragraph 1.c. requires contractors to obtain workers’ compensation and defines the minimum liability limits. 
Paragraph 1.f.(3) of the same Subsection 107.15 requires that equivalent insurance be provided for subcontractors at any tier.  It goes on to say that trucking subcontractors who are only used for hauling materials are exempt from some of the insurance requirements (general liability, umbrella/excess, and pollution) but workers’ compensation insurance is not listed as one of the exemptions.
Nebraska Revised Statute § 48-115 allows exceptions from carrying workers’ compensation insurance under certain conditions;
  1. The contractor is a self-employed sole proprietor and there are no other workers, or
  2. The contractor is a member of a partnership in which all the partners have claimed the exception and there are no other workers, or
  3. The contractor is a member of a limited liability company (L.L.C.) in which all members are engaged in the business on a substantially full-time basis, have claimed the exception, and there are no other workers.
Beginning October 1, 2019, NDOT will allow contractors to claim an exception to the requirement to carry workers’ compensation insurance by submitting a form.  Attached is a word document that may be used for the form.  This must be submitted on Contractor Company letterhead.  Guidance regarding subcontractor approval on the NDOT website will be updated accordingly.


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