Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When you file a lost wage claim after an accident under Michigan’s no-fault system, you must prove both your inability to work and the amount of wages you lost. Michigan law (see MCL 500.3135) entitles you to wage loss benefits of up to 85% of your gross earnings, subject to statutory caps.
To document your lost earnings, gather records that show your typical income and confirm that you could not work during your recovery:
- W-2 Forms: Provide W-2s from the two years before the accident. They establish your annual income baseline.
- Pay Stubs: Submit all pay stubs covering the period immediately before and after your accident. Highlight dates you missed work and gross earnings per pay period.
- Employer Verification: Obtain a signed letter or affidavit from your employer confirming your job title, hours scheduled, rate of pay, dates missed, and date of return (if any).
- Tax Returns: If you are self-employed, attach federal Schedule C profit-and-loss statements and full tax returns (Form 1040) for the two most recent years to show average net earnings.
- 1099-NEC / 1099-MISC Forms: For independent contractors, include all relevant 1099s for the year of the accident and prior year to demonstrate income levels.
- Bank Statements: Use them to corroborate deposits if you are paid irregularly or by direct deposit.
- Timesheets or Job Logs: Provide records of hours worked or jobs completed in the weeks before your accident to establish your normal work pattern.
- Medical Certification: Ask your treating physician to supply a note or form stating you were unable to work during specific dates. This supports the causal connection between your injury and lost wages.
Under MCL 500.3107, you must send a written notice and proof of claim to your insurer within one year of the accident. Submit your wage documentation as part of that proof.
Helpful Hints
- Organize records chronologically. A clear timeline helps adjusters process your claim faster.
- Highlight key figures on pay stubs (gross pay, overtime, deductions) for quick reference.
- Keep originals and submit certified copies where possible to avoid questions about authenticity.
- If you change jobs or roles frequently, explain each position’s pay structure in a cover letter.
- Follow up in writing if the insurer requests additional documentation—keep copies of all correspondence.
- Consult with a qualified attorney if the insurer denies or undervalues your wage loss claim.