Disclaimer: This article provides general information about Oregon law. It does not constitute legal advice. Consult a licensed attorney for advice specific to your situation.
Detailed Answer
Under Oregon law, you can recover lost wages as part of your personal injury damages after a car accident. The measure of damages for personal injury, including lost earnings, appears in ORS 31.155. To prove lost wages from a part-time job, follow these steps:
1. Gather Employment Records
- Pay stubs: Collect pay stubs for several pay periods before and after the accident.
- Employer letter: Request a signed letter on company letterhead showing your hourly rate, typical weekly hours, and shifts missed due to injury.
- Time records: Obtain any time-clock entries or scheduling logs that verify your work hours.
2. Calculate Your Lost Earnings
- Hourly rate × hours missed: Multiply your regular hourly rate by the number of hours you could not work because of medical appointments or disability.
- Overtime or bonuses: If you regularly earned overtime or shift premiums, document those amounts separately.
- Tax documents: Use your W-2 forms or tax returns to demonstrate average earnings over the prior year.
3. Corroborate with Medical and Attendance Records
- Doctor’s notes: Obtain medical notes stating when you were unable to work or medically restricted.
- Attendance records: Show any unexcused absences or sick-time usage tied to your injury.
4. Prepare Expert or Accountant Reports
For complex calculations, consider hiring an economic expert or certified public accountant. They can prepare a lost-wages report that a court or insurer will find persuasive.
Once you compile this evidence, submit it to the at-fault driver’s insurer or file it with your personal injury claim in court. Under ORS 31.155, you may recover the amount of wages you actually lost (ORS 31.155).
Helpful Hints
- Keep a daily journal logging when you felt too injured to work.
- Photograph any medical paperwork or doctor’s orders restricting your work activities.
- Request all documents in writing, so you have a paper trail.
- Follow up promptly with your employer if they delay providing records.
- Maintain copies of every document you submit to insurers or the court.