Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
After an accident in New York, proving lost wages requires thorough documentation. Under Vehicle and Traffic Law § 5106(c), no-fault insurance covers lost earnings up to $2,000 per month. If you pursue a third-party personal injury claim, you must show your actual income loss to recover economic damages.
Key Statutes
Documents to Support Your Claim
- W-2 Forms: Provide at least one year before and the year of the accident.
- Pay Stubs: Recent pay stubs showing gross and net pay, hours, and deductions.
- IRS Form 1099: Include all relevant 1099s if you work as a freelancer or contractor.
- Federal Tax Returns: Complete returns with Schedules C or E for self-employed individuals.
- Employer Statement: A letter confirming salary, benefits, hire date, and expected hours.
- Timesheets/Timecards: Records of actual hours worked before and after the accident.
- Bonus and Commission Records: Documents showing variable compensation.
- Bank Statements: Proof of direct deposit wage payments.
- Leave and Attendance Logs: Emails or memos about missed shifts or approved leave.
Using These Records in Court
Court or insurer will calculate your average weekly earnings by comparing pre-accident and post-accident income. You may need testimony from a vocational or economic expert to project future losses.
Helpful Hints
- Organize all records in a single file or secure digital folder.
- Request missing documents early; employers and tax authorities can take weeks to respond.
- Label and date each record clearly for easy review.
- Track any part-time or gig work separately to fill gaps in income history.
- Consider consulting a personal injury attorney if you face challenges obtaining records or calculating losses.