When an injury keeps a client out of work, the wages lost are part of the economic damages. Insurers rarely accept a number on the client's word. They expect pay records, an employer's confirmation and medical support for the time off. Counsel decides what is claimed. Litigation support gathers the proof and keeps the math clean.
The records to gather
- Pay records: pay stubs from before the injury, and W-2s or tax returns for the last two years.
- An employer letter: position, rate of pay, usual hours, the dates missed and any overtime the client would have worked.
- Off-work notes: the doctor's notes that put the client off work or on light duty, with dates.
- Paid time off used: sick and vacation hours spent while out, from the employer.
Self-employed clients
For drivers, contractors and other self-employed clients, tax returns, invoices, settlement statements and bank deposits show what was earned before and after. These files take longer, so start early.
Keep a running total
Track the dates missed as they happen, not at the end. A running total, updated with each new off-work note, is easier to support than a number rebuilt months later.
Our lost wages calculator totals regular pay, overtime and paid time off used.
Litigation support is performed at the direction of a licensed attorney. What is claimed, and how, is counsel's decision.
This article is general information, not legal, tax or regulatory advice. Rules change; confirm current requirements with the responsible agency or a licensed professional.
