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Tort Claims
A Tort Claim is a claim against
the State of Nebraska for money damages on account of damage to or loss of
property, personal injury or death due to the negligence or wrongful act or
omission of any employee of the State, while acting within the scope of his or
her office of employment, under circumstances in which the State, if a private
person, would be liable to the claimant for such damage, loss, injury or death.
See Neb. Rev.
Stat. §81-8,210 (4).
Claims may be filed against the
State of Nebraska or an employee or agency of the State of Nebraska, but only
within the parameters of the State Tort Claims Act. All Claims must be filed
within two years from the date of loss.
Miscellaneous Claims
A Miscellaneous Claim is any
claim against the State for which there is no other specific provision of law
for the resolution of such claim. See Neb. Rev.
Stat. §81-8,295.
Miscellaneous Claims for $5,000
or less may be approved by the Risk Manager for immediate payment if the agency
has the funds and is willing to pay. The State Claims Board may approve a
Miscellaneous Claim up to $50,000 if the agency has the funds and is willing to
pay the claim. If the amount of the claim is in excess of $50,000, the claim
must be submitted to the Legislature for approval at the next regular session of
the Legislature convening after the date of the decision of the board.
An example of a commonly filed
miscellaneous claim is to replace a lost or outdated State of Nebraska warrant,
such as a state income tax refund. State agencies wishing to write off
uncollectible debts for fiscal or accounting procedures may file a claim with
the State Claims Board. The agency will need to complete the Claim for Injury or Damage form and the
Request for Writing off State Uncollectible
Debts form. Both forms will need to be signed by the Agency Director
and sent to the Division of Risk Management for processing.
Contract Claims
A Contract Claim is a claim
against the State regarding a contract between the State of Nebraska or a state
agency and the claimant. A Contract Claim does not include employment contracts
covered by the State Personnel System or employment contracts entered into under
the State Employees Collective Bargaining Act. See Neb. Rev.
Stat. §81-8,303.
Contract Claims may be withdrawn
within 90 days from the date the Division of Risk Management mails notice to the
parties of receipt of the claim. Either party may choose to withdraw the claim
from the State Claims Board’s jurisdiction and initiate an action in the
district court of Lancaster County.
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