What Records Are Needed to Support a Lost Wage Claim After an Accident in West Virginia?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in West Virginia to address your specific situation.

Detailed Answer

When you miss work because of injuries from an accident, you can claim compensation for lost wages as part of your personal injury case. Under West Virginia law, you must prove your actual earnings with reasonable certainty. The following records help establish how much income you lost:

1. Employment Records

For traditional W-2 employees, gather:

• W-2 Forms from at least one to two years before the accident to show your average earnings.
• Pay Stubs covering the pay periods immediately before and after the injury date.
• Time Records or Timecards that document hours worked each day or week.
• Employer Statement or letter confirming your job title, pay rate, typical schedule, and paid leave policies.

2. Self-Employment and Contract Work

If you work as an independent contractor or run your own business, include:

• Form 1099s reflecting income received from clients.
• Personal and Business Tax Returns (Schedule C) for one to two years before the accident.
• Profit & Loss Statements prepared by you or your accountant.
• Invoices and Bank Statements showing deposits corresponding to your work.

3. Benefit and Leave Documentation

Document any paid or unpaid benefits that affect your net loss:

• Sick Leave or Vacation Records showing paid time off applied during recovery.
• Short-Term Disability or Workers’ Compensation benefit statements.
• Unemployment Benefits, if you applied and received payments while out of work.

4. Expert Reports

Church to consider:

• Vocational Expert Analysis estimating future lost earning capacity.
• Accountant’s Report verifying your historic income and projecting losses.

West Virginia courts require documentation of special damages, like lost wages, with a reasonable degree of certainty. See West Virginia Code §55-7-5 for guidance on proof of special damages (W. Va. Code §55-7-5).

Helpful Hints

• Request payroll records and tax documents from your employer or accountant as soon as possible.
• Organize documents chronologically to show consistent earnings patterns.
• Keep original records safe; submit certified copies to your attorney or the court.
• Track all paid leave and benefits to calculate your true net loss.
• Work with a vocational or accounting expert early to strengthen your claim.