Detailed Answer
After an accident, you may claim lost wages as special damages under Rhode Island law. R.I. Gen. Laws § 9-1-44 allows recovery of “loss of earnings.” To prove your lost wages, gather precise, contemporaneous financial records. Below is a breakdown based on employment type.
1. For W-2 Employees
- Pay stubs: Show hours worked, pay rate, year-to-date earnings and deductions.
- W-2 forms: Verify annual income and withholdings.
- Employer statement or affidavit: Confirms missed work dates and hourly/salary rate.
- IRS wage transcripts: Obtain via Form 4506-T for official government records.
2. For 1099 or Contract Workers
- 1099-MISC/1099-NEC forms: Document payments from clients or contractors.
- Tax returns (Schedule C): Show net profits if you operate a sole proprietorship.
- Business ledgers or invoices: Detail services provided and amounts billed.
- Bank statements: Corroborate deposits matching business earnings.
3. Other Supporting Documentation
- Job search records (if terminated): Prove effort to find alternate work.
- Medical records: Link injuries to time off work.
- Benefit statements: Show disability or sick pay offsets.
- Social Security statements: Provide long-term earning history, available via SSA.gov.
Be prepared to calculate both past and, if applicable, future lost earnings. Courts require a “reasonable certainty” of loss. You may need expert testimony to project future earnings. (R.I. Gen. Laws § 9-1-44)
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.
Helpful Hints
- Organize records chronologically to show continuous income.
- Request employer affidavits early; they may take weeks.
- Keep copies of all correspondence with insurers or employers.
- Use certified mail or email with read receipts to document requests.
- Consult a CPA for complex self-employment calculations.