Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
In South Carolina, you can recover lost wages as part of your personal injury damages if an accident caused by another party’s negligence forced you to miss work. To prove your claim, gather documentation showing your earnings and the time you missed. Below are key categories of records you should collect.
1. Records for W-2 Employees
- Federal W-2 Forms: Include W-2s for the relevant tax years, which summarize your annual wages and withholdings.
- Pay Stubs: Provide pay stubs covering several months before and after the accident to establish your regular earnings and hours worked.
- Employer Verification: Obtain a statement or letter from your employer confirming your wage rate, hours missed, and any paid leave used.
2. Records for 1099 Contractors and Self-Employed Individuals
- IRS Form 1099s: Supply 1099-MISC or 1099-NEC forms showing payments received from clients or employers.
- Tax Returns and Schedules: Include your federal tax returns (Form 1040) and Schedule C to document business income and expenses.
- Profit-and-Loss Statements: Prepare statements or ledgers that detail your gross receipts and net profits during the relevant period.
- Invoices and Bank Records: Provide invoices sent to clients and corresponding bank deposit records showing when and how much you were paid.
3. Supplementary Documentation
- Attendance and Timesheets: Use company timesheets or electronic clock-in records to verify hours actually worked.
- Contracts and Agreements: Present employment agreements, independent contractor contracts, or engagement letters detailing your compensation structure.
- Bonus, Commission, and Tip Records: Document additional compensation such as bonuses or tips, if they form part of your income.
4. How to Obtain Records
- From Your Employer: Request copies of pay stubs, W-2s, and any relevant payroll records as required by SC Code Ann. § 41-1-20: https://www.scstatehouse.gov/code/t41c001.php.
- From Your Tax Preparer or the IRS: Request wage and income transcripts from the IRS using Form 4506-T.
- From Financial Institutions: Obtain bank statements that show direct deposits or vendor payments.
5. Statute of Limitations
South Carolina requires personal injury lawsuits, including those for lost wages, to be filed within two years of the accident. See SC Code Ann. § 15-3-530: https://www.scstatehouse.gov/code/t15c003.php.
Helpful Hints
- Request duplicates promptly—employers might purge old records.
- Keep both paper and digital copies in separate, secure locations.
- Track partial work weeks if you return to work on light duty.
- Document any sick leave, vacation, or disability benefits used.
- Consult your HR department for official time-off policies and records.
- Consider a consulting accountant if you are self-employed and need profit-and-loss statements.