Detailed Answer
After a car accident in Minnesota, you can recover lost wages through your no-fault insurer or in a negligence claim if you meet the injury threshold. Under Minnesota’s no-fault law (Minn. Stat. § 65B.49, subd. 5), your insurer must pay “earnings actually lost” up to your policy limits. To prove your part-time lost wages, follow these steps:
- Collect Pay Records: Provide recent pay stubs showing your hourly rate and hours worked. If you’re paid weekly or biweekly, gather at least the last four to six stubs.
- Obtain an Employer Declaration: Ask your employer to sign a letter or complete a sworn statement confirming your normal schedule, your actual hours worked after the crash, and your regular pay rate.
- Submit Tax Documents: Include W-2 forms or IRS Form 1040 Schedule C (for self-employed). These demonstrate your historic earnings and help calculate an average weekly income.
- Track Your Schedule: Use time cards, shift logs, or work schedules to show the hours you were scheduled versus the hours you actually worked after your accident.
- Provide Medical Documentation: Submit your doctor’s notes or medical records explaining your injury, restrictions, and why you could not work your normal shifts.
- Calculate Lost Earnings: Multiply your regular hourly rate by the difference between your normal hours and hours you actually worked. For example, if you earn $15/hour, normally work 20 hours/week, and missed 4 weeks completely, your claim is 15 × 20 × 4 = $1,200.
If your injuries are severe enough to exceed the no-fault threshold (Minn. Stat. § 65B.51), you may file a tort claim against the at-fault driver. In that claim, you prove economic damages—including lost wages—using the same documentation plus any additional evidence of diminished earning capacity.
For more on Minnesota’s no-fault wage-loss benefits, see Minn. Stat. § 65B.49, subd. 5.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for legal guidance.
Helpful Hints
- Keep detailed records: Save every paycheck stub and time sheet after your accident.
- Request written confirmation: Have your employer put work-hour details in writing.
- Stay organized: Create a folder (digital or paper) for all accident-related documents.
- Act promptly: File your no-fault wage loss claim within 180 days of the accident under Minn. Stat. § 65B.49, subd. 5.
- Compare your schedules: Highlight discrepancies between projected and actual work hours.
- Consider legal help: An attorney can review your documentation and advise whether a tort claim is possible.