Detailed Answer
In Montana, if you lose wages due to an injury or other qualifying event, you must present clear documentation to support your lost-wage claim. Under Montana tort law, economic damages may include past and future lost earnings (Mont. Code Ann. §27-1-204).
To prove your past lost wages, you typically need:
- Recent pay stubs showing gross and net earnings before your injury.
- W-2 forms or 1099s for the tax year in which your injury occurred.
- A letter or statement from your employer confirming your job title, pay rate, hours typically worked, and the dates you were out of work.
- Time sheets or clock-in/clock-out records if available.
- Bank statements reflecting direct deposits of wages or business income.
For future lost wages, you need evidence showing how long you will remain out of work or work at a reduced capacity:
- Medical records and a physician’s report estimating your disability period or work restrictions.
- A vocational expert’s assessment (if you claim you cannot return to your previous occupation).
- Salary surveys or job market analyses illustrating the difference between your pre-injury earnings and your projected post-injury earning capacity.
If your claim arises under Montana’s workers’ compensation system, you may qualify for wage-loss indemnity benefits equal to two-thirds of your average weekly wage up to the state maximum (Mont. Code Ann. §39-71-704). Key records include:
- Form 45-3 (Employer’s First Report of Injury) or equivalent notice to your insurer.
- Medical certification of temporary total or partial disability signed by an approved physician.
- Pay records from the 52 weeks before your injury to establish your average weekly wage.
Maintain originals and send copies to your attorney or claims administrator promptly. Inconsistent or incomplete records may delay your claim or reduce the benefits you receive.
Helpful Hints
- Begin collecting pay stubs and tax documents immediately after your injury.
- Request written statements from your employer and treat them as formal evidence.
- Keep a detailed calendar of missed workdays, appointments, and communication with insurers or employers.
- Keep copies of all correspondence—letters, emails, and text messages—related to your injury and wage discussions.
- For self-employed or gig workers, assemble profit-and-loss statements, invoices, and bank deposit records.
- Obtain a detailed work-restriction letter from your treating provider to support future-earnings claims.
- Review your employer’s leave policies and note any paid or unpaid leave taken.
- Consult a local attorney if your documentation is incomplete or your claim is denied.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice specific to your situation.