Understanding Lost Wage Claims Under Mississippi Law
After an injury that prevents you from working, you may seek compensation for lost income from each job you held before the accident. Whether you file a workers’ compensation claim or a personal injury lawsuit depends on how the injury occurred. Below are the general steps to claim lost wages from multiple jobs in Mississippi.
1. Identify the Right Claim Type
Workers’ Compensation: If you were injured on the job, file a claim with the Mississippi Workers’ Compensation Commission (MWCC). Lost wages under this system follow Miss. Code Ann. §71-3-3 https://www.mwcc.ms.gov.
Personal Injury: If a third party (for example, another driver) caused your injury, you pursue a negligence lawsuit against the at-fault party. In that suit, you can include lost wages from all jobs affected by your disability.
2. Gather Wage Documentation
- Recent pay stubs and time records from each employer showing hours and pay rates.
- IRS W-2 forms or tax returns for the last two years to verify income history.
- Written statements from supervisors confirming your work schedule and compensation.
3. Calculate Past and Future Lost Wages
Past Lost Wages: Total the gross earnings you missed at each job from the date of injury until you returned to work.
Future Lost Earning Capacity: If your injury causes long-term or permanent impairment, work with an economic expert to project future income loss across all positions you held.
4. Filing the Claim
Workers’ Compensation Claim:
- Submit Form LWC-23 to the MWCC within one year of the injury date. See Miss. Code Ann. §71-3-27 https://www.mwcc.ms.gov.
- Attach medical records, wage documents, and any return-to-work notices.
Personal Injury Lawsuit:
- File your complaint in the appropriate Mississippi circuit court within three years of the injury under Miss. Code Ann. §15-1-49 https://www.legislature.ms.gov/laws/statutes/15/001/00049.html.
- Include a detailed schedule of lost wages from each job in your initial filing.
5. Negotiations and Proof
Insurers or opposing counsel often request additional proof such as:
- Expert reports on future earning capacity.
- IRS income transcripts.
- Affidavits or letters from each employer verifying missed hours.
Be prepared to negotiate a settlement that fully compensates your past and projected wage losses.
Helpful Hints
- Maintain original pay stubs; if you lose them, request certified copies.
- Track each day you miss work and estimate the corresponding income loss.
- Get clear medical documentation for your disability period.
- Consider hiring an economist if your future earnings calculation is complex.
- File all paperwork before deadlines to preserve your right to compensation.
Disclaimer: This article provides general information under Mississippi law and does not constitute legal advice. Consult a qualified attorney about your specific situation.