Detailed Answer
When you pursue a lost-wage claim in New Jersey, you must prove the amount of income you lost due to an injury or other qualifying event. New Jersey law recognizes recovery for lost earnings as part of compensatory damages under N.J. Stat. § 2A:15-5. To build a strong claim, gather the following records:
1. Pay Stubs and Payroll Records
Submit copies of pay stubs or electronic payroll statements for the period immediately before and after your injury. These documents establish your regular earnings, hours worked and any overtime. If you receive direct deposits, bank statements showing these deposits can supplement missing pay stubs.
2. W-2 Forms and Tax Returns
Your federal W-2 forms and personal tax returns (Form 1040) for the last one to three years help demonstrate your average annual income. Self-employed individuals should include Schedule C (Profit or Loss From Business) and any 1099-NEC or 1099-MISC forms.
3. Employer Verification Letter
Ask your employer for a signed letter on company letterhead that confirms your job title, pay rate, regular hours, dates you were unable to work and any paid leave you used. This letter verifies facts that may not appear on pay stubs.
4. Time Sheets or Attendance Logs
If you clock in and out or use written timesheets, provide those records. They offer detailed proof of days and hours you missed due to your condition.
5. Medical Documentation
Obtain doctor’s notes, treatment records and work-status forms that state when you were medically unable to work. New Jersey courts rely on medical evidence to link your absence directly to the injury or illness.
6. Bank Statements and Invoices (Self-Employed)
Independent contractors and business owners should submit bank statements, invoices, receipts and profit-and-loss statements. These items show payments you missed when you could not perform work.
7. Expert Reports (When Applicable)
For complex claims involving future lost earning capacity, vocational experts or economists may prepare reports estimating your projected income losses. Courts often require these expert opinions for claims beyond past wages.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Organize records chronologically to make it easier for insurers or the court to follow your financial history.
- Keep both original documents and certified copies in a secure location.
- Request duplicates promptly if any records are lost or incomplete.
- Discuss any gaps in documentation with an attorney to identify alternative proof, such as affidavits from co-workers.
- Track paid leave (sick days, vacation) separately to avoid reducing your lost-wage claim erroneously.
- Gather correspondence with your employer about your work status to strengthen the timeline of lost income.