Disclaimer: This article provides general information about Nebraska law and is not legal advice. Always consult a qualified attorney about your specific situation.
Understanding Lost Wage Claims in Nebraska
When an injury prevents you from working your usual hours, you may recover lost earnings as part of your legal claim. Nebraska law allows you to seek damages for past and future lost wages under Neb. Rev. Stat. § 25-21,185 (link). You can combine income from multiple jobs—including part-time, seasonal, and self-employment—into a single claim.
Step-by-Step Process to Claim Lost Wages from Multiple Jobs
1. Report the Injury Immediately
If the injury occurred at work, notify your employer in writing within one business day. File a workers’ compensation claim under the Nebraska Workers’ Compensation Act (Neb. Rev. Stat. § 48-120). For motor-vehicle or third-party accidents, report the incident to law enforcement and your insurer promptly.
2. Seek Medical Treatment and Document Restrictions
Obtain medical records that specify your diagnosis, treatment plan, and physician-imposed work restrictions. These records support your lost-wage calculation and demonstrate causation.
3. Gather Wage Documentation for Each Job
Collect pay stubs, W-2s, 1099s, bank statements or business ledgers if you’re self-employed. Ask each employer to certify your average hours and pay rate. If you earned tips or commissions, document those separately.
4. Calculate Your Pre-Injury Income
For each job, multiply your hourly rate by your average weekly hours. Add bonuses, overtime, tips and commissions to reach a total weekly income. Multiply that figure by the number of weeks you missed work due to your injury.
5. Include Future Lost Earnings If Applicable
If your injury causes lasting impairment, you may claim future lost earning capacity. You’ll need expert testimony—such as an economist’s analysis—to project your reduced income over your working lifetime.
6. File Your Claim Before the Deadline
Nebraska imposes a four-year statute of limitations on personal injury actions (Neb. Rev. Stat. § 25-207). Missing this deadline can bar your recovery.
Evidence You Need for Multiple Jobs
- Pay stubs, W-2s and 1099s for each employer
- Bank statements or business ledgers for self-employment
- Employer affidavits verifying hours and pay rates
- Tax returns showing annual income
- Medical records detailing work restrictions
- Expert reports for future earning projections
Nebraska Laws on Lost Wages
Neb. Rev. Stat. § 25-21,185 authorizes recovery for lost wages, medical expenses and other damages in negligence cases. For work-related injuries, the Nebraska Workers’ Compensation Act provides a no-fault system for weekly wage benefits based on your average weekly earnings.
When to Seek Legal Help
If you face complex calculations—such as multiple part-time jobs, self-employment or future income loss—consult an attorney. An experienced lawyer can gather evidence, negotiate with insurers and, if needed, represent you in court.
Helpful Hints
- Track your hours and job assignments in a daily log.
- Keep a copy of all medical and wage documents in one folder.
- Notify each employer in writing about your absence.
- Request written statements from co-workers or supervisors when possible.
- Review your insurance policy for underinsured/uninsured motorist coverage.
- Maintain clear communication with your healthcare providers.
- Document any job leads you miss or training you decline due to your injury.
- Act promptly to preserve your legal rights under Nebraska’s statute of limitations.