Detailed Answer
Disclaimer: This article provides general information about recovering lost wages under Nebraska law and is not legal advice. Always consult a qualified attorney for guidance on your specific situation.
When you cannot work due to accident-related injuries, Nebraska law and insurance programs offer several paths to recover lost earnings. Each option has its own requirements, deadlines, and procedures.
1. Personal Injury Claim Against an At-Fault Party
If someone else’s negligence caused your accident, you can file a personal injury lawsuit to recover past and future lost wages. Under Neb. Rev. Stat. §25-21,180, you may claim damages for “all damages” including lost earnings resulting from the injury. To succeed, you must prove:
- Fault: The other party breached a duty of care (for example, by failing to obey traffic laws).
- Causation: Their breach caused your injuries.
- Damages: You actually lost wages, as documented by pay stubs, tax returns, or employer statements.
2. Uninsured/Underinsured Motorist (UM/UIM) Coverage
If the at-fault driver lacks insurance or has insufficient coverage, your own auto policy’s UM/UIM coverage can pay your lost wages. Review your policy declaration page and file a UM/UIM claim with your insurer if the other driver’s limits are too low or nonexistent.
3. Workers’ Compensation Benefits
If your injury happened at work or during job duties, the Nebraska Workers’ Compensation Act (Neb. Rev. Stat. §48-151 et seq.) entitles you to wage-loss benefits. You may receive:
- Temporary total disability benefits (two-thirds of your average weekly wage).
- Temporary partial disability benefits if you return at reduced capacity.
File a claim with the Nebraska Workers’ Compensation Court and attend any required hearings.
4. Disability Insurance Benefits
If you have short-term or long-term disability coverage through your employer or a private insurer, you can file a claim for a portion of lost earnings. Benefit amounts and waiting periods vary by policy. Submit medical documentation and your employer’s wage records to your insurer.
5. Social Security Disability Benefits
If your injuries prevent you from returning to any substantial work for at least 12 months, you may qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). The federal Social Security Administration evaluates your medical records and work history. Apply online at ssa.gov.
6. Structured Settlements and Negotiations
In both third-party lawsuits and UM/UIM claims, you can negotiate a lump-sum or structured settlement that pays your past and anticipated future lost wages. Settlements avoid trial delays and provide certainty.
Helpful Hints
- Document Every Expense: Keep copies of pay stubs, tax returns, time-off requests, and employer communications.
- Track Medical Records: Detailed medical reports showing when and why you cannot work strengthen your claim.
- Meet Deadlines: Personal injury claims in Nebraska generally have a four-year statute of limitations (Neb. Rev. Stat. §25-207).
- Consult Early: Speak with a personal injury attorney or a workers’ compensation lawyer before filing to understand the most efficient route.
- Explore All Avenues: Combine multiple sources (e.g., workers’ comp plus UM/UIM) when applicable to maximize recovery.
- Negotiate Wisely: Be prepared to provide clear wage-loss calculations during settlement talks.