State Claims
A claim against the State of Nebraska and/or a state employee must be filed with the Office of Risk Management/State Claims Board. The State Risk Manager, along with the State Claims Board, has the authority to consider, settle, determine and allow any tort, miscellaneous or contract claim filed against the State.
Risk Management - State Claims
- Tort Claims
- Miscellaneous Claims
- Uncashed Warrant Claims
- Contract Claims
- Foster Care Claims
- In the Line of Duty Claims
- Correspondences to State Agencies
| TORT CLAIMS |
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| A claim against the State of Nebraska for damage to or loss of property or for personal injury or death caused by the negligent or wrongful act or omission of a State employee while acting within the scope of employment. |
| Description | Last Revised | Format |
|---|---|---|
| State Tort Claims Act at Neb. Rev. Stat §§81-8,209 to 81-8,235 | External | |
| Tort/Miscellaneous Claim Form | 06/28/2018 | |
| How to File a Tort Claim | 05/17/2021 |
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| MISCELLANEOUS CLAIMS |
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| A claim against the State of Nebraska for which there is no specific provision of law for the resolution of such claim. Typically miscellaneous claims include but are not limited to: reimbursement for a State teammate’s personal property that was damaged during the course and scope of employment, or a reimbursement for overpayment of goods or services. |
| Description | Last Revised | Format |
|---|---|---|
| State Miscellaneous Claims Act (includes uncashed warrants): Neb. Rev. Stat. §§ 81-8,294 to 81-8,301 | External | |
| Tort/Miscellaneous Claim Form | 06/28/2018 | |
| Tort/Miscellaneous Claim Form for inmates at NDCS, only | 06/28/2018 | |
| How to File a Miscellaneous Claim | 05/17/2021 |
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| UNCASHED WARRANT CLAIMS |
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| A claim to have an uncashed check/warrant reissued. These items expire one year after the date the check/warrant was issued. If a copy of the warrant is not available, an affidavit regarding the lost or missing warrant must accompany the claim form. |
| Description | Last Revised | Format |
|---|---|---|
| Uncashed Warrant Claim Form | 06/28/2018 | |
| Affidavit Regarding Lost or Missing Warrant | 03/03/2016 | |
| How to File an Uncashed Warrant Claim | 05/17/2021 | |
| W9 Form | External |
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| CONTRACT CLAIMS |
|---|
| A claim involving a dispute regarding a contract between the State of Nebraska and the Claimant. The Contract Claim Act does not cover employment contracts under the State Personnel System or the State Employees Collective Bargaining Act. |
| Description | Last Revised | Format |
|---|---|---|
| State Contract Claims Act: Neb. Rev. Stat. §§ 81-8,302 to 81-8306 | External | |
| Contract Claim Form | 06/22/2018 | |
| How to File a Contract Claim | 05/17/2021 |
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| FOSTER CARE CLAIMS |
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| A foster care claim may be filed when a foster child(ren) has been involved in an incident resulting in property damage or bodily injury to others. |
| Description | Last Revised | Format |
|---|---|---|
| Foster Care Claim by Foster Parent Form | 09/25/2018 | |
| Foster Care Claim by Non Foster Parent Form | 05/17/2022 |
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| IN THE LINE OF DUTY CLAIMS |
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| A claim for first responders killed in the line of duty. (Program Begins 1 January 2022). |
| Description | Last Revised | Format |
|---|---|---|
| In the Line of Duty Compensation Act: Neb. Rev. Stat. §§ 81-8,315 to 81-8,319 | External | |
| Line of Duty Compensation Act Beneficiary Form | 12/07/2021 | |
| Line of Duty Compensation Act Claim Form | 01/01/2024 | |
| How to File a Line of Duty Compensation Act Claim | 01/01/2024 |
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| CORRESPONDENCE TO STATE AGENCIES |
|---|
| A claim for first responders killed in the line of duty. (Program Begins 1 January 2022). |
| Description | Last Revised | Format |
|---|---|---|
| Debt Write-Off Procedures and Request for Write-Off for State Agencies | 09/06/2022 | |
| Request for Write Off of Uncollectible Debt Form for State Agencies | 09/06/2022 |
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Filing or Inquiring about a State Claim
Risk Management accepts claim documentation mailed to the following address:
Nebraska Department of Administrative Services –
Risk Management Division
PO Box 94974
Lincoln, NE 68509-4974
Risk Management will also accept documentation emailed to as.riskmanagement@nebraska.gov.
Although members of the public may deposit documents intended for Risk Management at the Risk Management inbox in the Department of Administrative Services, Risk Management is unable to accommodate in-person appointments or to personally accept documents. With the exception of claims filed under the Line of Duty Compensation Act, review of properly filed claims will usually require at least six (6) months. The review period will often be longer than six (6) months if a claim needs to be heard before the State Claims Board.
Please note that while a claim is under review, Risk Management is only able to identify whether that claim is pending. Risk Management cannot offer a timeline for when a claim might be resolved or provide legal advice. Similarly, Risk Management cannot offer any comment on claims that have been approved, partially approved, denied, or reached any other final disposition. If you have questions about the merits of a potential claim, a filed claim, or a claim that has reached final disposition, please consult a private attorney.
State Claims Board
The Nebraska Legislature created the State Claims Board to provide a uniform procedure for filing claims against the State of Nebraska. Statutes relevant to the State Claims Board can be found at Neb. Rev. Stat. §§ 81-8,296 to 81-8,300 and Neb. Rev. Stat. §§ 84-1407 through 84-1414.
Meetings
The State Claims Board meets as necessary to investigate qualifying claims against the State of Nebraska and approve or deny settlement of the same. The agenda of an upcoming meeting of the State Claims Board will be available ten (10) days before the scheduled meeting. The agenda can be reviewed upon request submitted to as.riskmanagement@nebraska.gov.
The schedule of upcoming State Claims Board meetings can be found below:
Date and Time:
April 29, 2024
1:00 – 3:00 PM
Location:
First Nebraska Administrative Building
1526 K Street, 2nd Floor, Buffalo Room
Lincoln, NE 68509-4974
Contact Us
Risk Management is available by phone at (402) 471-2551 on Monday through Friday from 8 am to 5 pm and by email at as.riskmanagement@nebraska.gov. Risk Management is unable to accommodate in-person appointments.