How to Prove Lost Wages for a Part-Time Job Following a Car Accident in NY

Disclaimer: This article is for educational purposes only and does not constitute legal advice. For guidance specific to your situation, consult a qualified attorney in New York.

Detailed Answer

After a car accident in New York, part-time employees can recover lost wages under the no-fault insurance system and, if applicable, in a liability claim. Here is how to document and prove those losses.

1. Understand New York’s No-Fault Insurance Coverage

• Under Insurance Law § 5102, your no-fault policy covers lost earnings up to $2,000 per month for injury-related absences.
• To access no-fault benefits, you must file a completed Form NF-2 (no-fault benefit form) within 30 days of the accident.

2. Gather Wage Documentation

• Pay stubs: Collect recent pay stubs or direct-deposit statements showing hourly rate and hours worked.
• Employer letter: Obtain a signed statement on company letterhead verifying your part-time schedule, hourly rate, and dates you missed work because of injuries.
• Tax records: Use W-2s or Form 1099s if you were an independent contractor or worked variable hours.
• Timecards: Retain any electronic or paper time records showing your actual hours worked in the weeks before and after the accident.

3. Link Medical Evidence to Work Absence

• Obtain a doctor’s note or medical report stating specific dates you could not work due to injuries. Keep all medical bills and records.
• Ensure the treating physician explains how your injuries prevented you from performing job duties. This connection is crucial for no-fault and liability claims.

4. Calculate Your Lost Earnings

• Determine your average weekly earnings by dividing gross pay from a representative pay period by the number of weeks worked.
• Multiply that average by the number of weeks you were out of work. For partial weeks, prorate based on daily or hourly rates.
• For variable schedules, average your income over the prior three or six months to establish a reliable baseline.

5. Submit No-Fault and Third-Party Claims

• No-Fault Claim: Send all documentation—Form NF-2, pay stubs, employer letter, medical evidence—to your insurer. The carrier must decide on benefits within 30 days (N.Y. Ins. Law § 5102).
• Liability Claim: If the other driver caused the accident and your damages exceed no-fault limits or involve serious injury, pursue a third-party claim. Include your lost-wage evidence in the demand letter or lawsuit filings under New York’s Civil Practice Law & Rules.

Helpful Hints

• Keep a daily journal of activities, pain levels, and attempts to return to work.
• Photograph professional ID badges or uniforms and note any company policies on attendance.
• Use certified mail when sending documents to insurers or opposing counsel; keep copies of everything.
• Review your policy’s endorsement for any specific deadlines or proof requirements.
• If your part-time role included tips or commission, document average monthly amounts separately.