Detailed Answer
To prove lost wages after an accident in Montana, you need clear, verifiable income records showing what you earned before the injury and what you lost during recovery. Montana law allows you to recover earnings lost “by reason of personal injury” (Mont. Code Ann. § 27-2-211).
Here are the primary records you should gather:
- Pay Stubs: Provide consecutive pay stubs covering at least 3–6 months before the accident and the period you were unable to work. Ensure they list hourly rates, hours worked (regular vs. overtime), commissions and deductions.
- W-2 Forms: File copies of your most recent federal W-2s to verify annual earnings. If you recently changed jobs or the accident happened early in the year, supplement with pay stubs or an employer wage verification letter.
- 1099-MISC/1099-NEC Forms: For independent contractors and freelancers, submit 1099s for the past one to two years. These show nonemployee compensation and help calculate average monthly income.
- Tax Returns: Include complete 1040s with Schedule C (self-employment) or E (rental income). Tax returns validate net profit, deductions, and business expenses.
- Profit & Loss Statements: If you run a business, provide year-to-date profit and loss reports prepared by an accountant. Bank statements and invoices also help confirm gross receipts and expenses.
- Employer Confirmation: A written statement or letter from your employer confirming your salary, hours scheduled, paid leave used, and any unpaid leave taken due to the injury.
- Doctor’s Notes and Medical Records: Although not income records, you need medical documentation of the injury date, treatment dates and a work-release prognosis. This links the time off directly to the accident.
- Time Sheets and Scheduling Records: For hourly workers or shift employees, show clock-in/clock-out logs, schedules or electronic time-keeping reports to prove lost hours.
If you anticipate future lost wages (e.g., extended recovery or reduced capacity), collect expert wage-loss opinions or vocational rehabilitation assessments to project ongoing earnings loss.
Disclaimer: This article provides general information only and is not legal advice. Consult a licensed attorney to discuss your specific situation.
Helpful Hints
- Organize documents chronologically. Use folders labeled “Pre-Accident” and “Post-Accident.”
- Request duplicates from your employer’s payroll or HR department if you’re missing pay stubs or time sheets.
- Keep digital backups of all records—scanned PDFs or clear photos.
- Track overtime, bonuses or commission separately. These can significantly affect your total claim.
- Consult an accountant for self-employment tax returns and profit & loss statements.
- Keep a daily journal of missed work days, symptom severity and any attempts you made to work part-time.
- Review Montana’s evidence rules to ensure you submit originals or properly certified copies when required.