Detailed Answer: Essential Records for North Dakota Lost Wage Claims
When you file a lost wage claim after an accident in North Dakota, you must prove the income you missed due to your injury. Under North Dakota law, you can recover lost earnings as part of your personal injury damages (NDCC § 32-03.2-10 https://www.legis.nd.gov/cencode/t32-03.2-10). To build a solid claim, gather the following documents:
- Recent pay stubs showing gross and net pay.
- W-2 forms for the past two years reflecting annual wages.
- 1099 forms if you perform independent contractor work.
- Federal and state tax returns to confirm your yearly income.
- A written letter from your employer verifying salary, hours missed, and return-to-work date.
- Work schedules, timesheets, or attendance records for hourly jobs.
North Dakota courts require authentic documents under the Rules of Evidence (NDCC § 31-01-02 https://www.legis.nd.gov/cencode/t31-01-02). Provide originals or certified copies when possible. Keep backups and maintain a clear chain of custody to avoid challenges.
Be aware of North Dakota’s two-year statute of limitations for personal injury claims (NDCC § 28-01-16 https://www.legis.nd.gov/cencode/t28-01-16). Request employer records, tax transcripts, and payroll data promptly to meet deadlines.
Helpful Hints for Documenting Lost Wages
- Begin record collection immediately after your accident.
- Ask your employer for a written verification letter and keep a copy.
- Organize pay stubs and tax forms in a dedicated folder by year.
- Track lost overtime, bonuses, and commissions in writing.
- Scan and backup all documents digitally.
- Follow up early with payroll or HR to avoid delays before the two-year deadline.
Disclaimer: This article provides general information under North Dakota law and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.