Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific circumstances.
Detailed Answer
In Pennsylvania, you must document your actual earnings before and after an accident to recover lost wages. Courts and insurance carriers require clear, reliable records that show your typical income and the amount you were unable to earn due to injury.
1. Form W-2 Wage and Tax Statements
Provide your W-2s for at least the prior one to three years. These forms establish your annual salary and tax withholdings, helping to calculate average earnings. For reference, see the IRS guidance on Form W-2: irs.gov/forms-pubs/about-form-w-2.
2. Pay Stubs or Earnings Statements
Submit pay stubs covering the weeks or months immediately before and after your accident. These statements show regular wages, overtime, bonuses, and deductions, providing a detailed snapshot of your normal take-home pay.
3. 1099 Forms for Independent Contractors
If you work as a contractor, include 1099-NEC or 1099-MISC forms for the past one to three years. These documents verify nonemployee compensation. See the IRS overview: irs.gov/forms-pubs/about-form-1099-nec.
4. Federal and State Tax Returns
Tax returns (Form 1040 and schedules) support your wage history if you’re self-employed, commissioned, or seasonal. They demonstrate total income and can fill gaps if pay stubs are missing.
5. Employer Verification Letter
Request a letter on company letterhead confirming your job title, hire date, salary or hourly rate, typical hours worked, and expected return-to-work date. This official verification bolsters your claim.
6. Employment Contracts and Offer Letters
Contracts or offer letters outline base pay, bonuses, commissions, and benefits. Use these documents to clarify variable earnings and fringe benefits lost due to your injury.
7. Timesheets or Work Logs
Copies of timesheets, clock-in records, or digital work logs demonstrate the number of hours you usually work. Multiply hours by your pay rate to calculate lost wages precisely.
8. Benefit Statements
If you lose employer-paid benefits (retirement contributions, health insurance, paid time off), include plan summaries or benefit statements. You may recover the monetary value of these lost benefits.
Helpful Hints
- Keep originals safe and submit only copies in court filings.
- Organize documents chronologically to present a clear earnings history.
- Request payroll records from your employer’s HR or payroll department if you’re missing pay stubs.
- Obtain IRS tax transcripts if you no longer have paper tax returns.
- Create a summary spreadsheet showing weekly or monthly earnings for easier review.
- Consider hiring an accountant or vocational expert to calculate past and future lost earnings.
- Work with a Pennsylvania personal injury or workers’ compensation attorney to ensure you meet state-specific evidentiary requirements.