FastCounsel

Disclaimer: This article is for educational purposes only and does not constitute legal advice.

Detailed Answer

After a car accident in Missouri, you can recover compensation for wages you lose when you cannot work. Under Missouri law, you may claim “loss of earnings or earning capacity” as part of your damages (RSMo § 537.060). Follow these steps to prove lost wages at your part-time job:

1. Gather Pay Records. Collect your past pay stubs, time cards or electronic payroll summaries showing your hours and hourly rate. If you lack pay stubs, use bank statements or direct-deposit records that show the net amount you received.
2. Get an Employer Verification Letter. Ask your manager or human resources for a signed letter on company letterhead. It should state:
   • Your position and employment status (part-time).
   • Your average hours per week before the accident.
   • Your regular hourly or salaried rate.
   • Dates you missed due to the accident.
3. Calculate Average Weekly Earnings. Add up your gross pay for a representative period (for example, the three months before the crash) and divide by the number of weeks worked. Multiply that average by the number of weeks or days you could not work.
4. Document Medical Restrictions. Obtain your doctor’s notes or a work-status form showing the dates you were under medical care or restricted from working. This ties your lost wages directly to the accident injuries.
5. Use Tax Records if Needed. If you earned tips, commissions or variable hours, pull your W-2 forms, 1099s, or prior year’s tax return. This helps verify irregular income streams.
6. Create a Loss Worksheet. Draft a simple table listing each missed pay period, your average earnings for that period, and the total lost amount. Include references to the supporting documents you gathered.
7. Submit Your Claim. Send the worksheet, employer letter, pay records and medical notes to the insurance company in your demand letter. Keep copies of everything you send.
   • If the insurer denies or undervalues your claim, you may file a lawsuit in Missouri circuit court under RSMo Chapter 537.

Helpful Hints

• Save digital and physical copies of all payroll and medical records.
• Track any partial days missed if you worked some shifts while recovering.
• Maintain an accident journal: note dates, symptoms and any follow-up visits.
• Ask for clarification from your employer if payroll practices change.
• Consider meeting a vocational expert if you have long-term restrictions affecting future earning capacity.