If you have been involved in an injury case in which you have lost wages, then you might be able to recover compensation for those lost wages. However, you will need to prove those wages. This can be simple for some people but for others, such as those who are unemployed, those who earn tips, or those who have seasonal jobs, it can be a challenge. Learn how to prove your wages by reading below or simply call Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
Ask Your Employer for a “Lost Wages Letter”
If you have a regular employer then we recommend you use past pay stubs in conjunction with a letter from your employer. This letter should include at least the following:
- Your job title
- Your hire date
- Confirmation that you were an employee on the date of the accident
- An average number of hours you work per week
- Your typical rate of pay
- Your overtime rate of pay and an average number of overtime hours worked
- How many days missed (this includes not just the immediate accident but time missed for doctors appointments and other reasons related to the accident)
- How many sick days and/or vacation days you used to pay for your time off
- Any bonuses you could have reasonably expected during the period
- Any other perks you would have been entitled to such as a car allowance
Of course, not all of the above will necessarily apply to your job and there might be other factors that do. Your personal injury attorney can help determine what should be included in the letter.
Proving Self-Employment Income
This can be trickier as self-employed people generally do not have cut and dry salaries. In this case, the plaintiff will need to prove what they would likely have made during the period they were not able to work. This might include providing tax returns for previous years, or billing statements they sent out in the months or years leading up to the accident. In particularly complicated cases, a forensic accountant might be retained to testify.
Proving Income from Tips
This might be complicated but it is possible. Some options include the employer providing a letter with an average tip amount the injured party would likely have earned, proof of income from previous pay periods (such as a bank deposit), tax returns, or findings from a private investigator’s visit to the injured party’s workplace.
It is not always easy to prove lost wages but it is possible – especially with the help of an experienced attorney. You can reach Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation. We are here to help you determine your rights, your options, and your best legal move.
