Disclaimer: This article is for informational purposes only and does not constitute legal advice.
1. Detailed Answer
Under Nebraska law, courts and insurers may include various types of income when calculating lost wages in a personal injury or wrongful termination claim. Nebraska Revised Statute § 25-21,185 outlines the measure of damages in personal injury actions, including lost earnings. You can view the statute here: Neb. Rev. Stat. § 25-21,185.
Below are common income categories considered in lost wage calculations:
- Base Salary or Hourly Pay: Regular wages or salary the employee would have earned.
- Overtime Pay: Compensation for hours worked beyond the standard work week.
- Commissions and Bonuses: Performance-based payments tied to sales, targets or company profits.
- Tip Income: Gratuities received by service workers if they are a regular part of their earnings.
- Self-Employment Earnings: Net profit or income from a sole proprietorship or partnership.
- Fringe Benefits: Employer-paid benefits with monetary value, such as:
- Retirement contributions
- Health, dental and life insurance premiums
- Paid sick leave and vacation time
- Lost Raises or Promotions: Projected salary increases the employee likely would have received.
- Other Employment-Related Perks: Stock options, profit-sharing distributions and company car allowances.
Please note that Nebraska courts require claimants to prove lost income with reasonable certainty. Supporting evidence may include pay stubs, tax returns, employer records and witness testimony.
2. Helpful Hints
- Gather detailed payroll records, including W-2s and recent pay statements.
- Document standard work hours and any overtime or bonus structure.
- Include written employment policies that detail benefits and pay practices.
- Consult a medical professional for documentation of injury-related work limitations.
- Keep track of job search efforts if the injury results in long-term or permanent disability.
- Seek guidance from a qualified attorney to ensure you include all eligible income types.