Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under New York law, lost wages are treated as “special damages” and require clear documentation to prove what you earned before and after an incident. You must show (1) your pre-injury earnings, (2) the exact period you missed work, and (3) how much you would have earned during that time.
1. Proof of Employment and Earnings
- Pay stubs or wage statements showing hours worked and rate of pay.
- W-2 forms, 1099s or K-1s if you’re self-employed or an independent contractor.
- Payroll registers or employer wage summaries covering the period before and after your injury.
- Employer verification letters outlining job title, average hours, pay rate, and anticipated return-to-work date.
2. Absence and Leave Records
- Doctor’s notes, medical reports or Functional Capacity Evaluations confirming your inability to work.
- FMLA or sick-leave forms submitted to your employer.
- Calendar or time-off requests showing the dates you missed work.
3. Calculating Lost Income
Combine your hourly rate or salary with hours missed. For commission- or bonus-based pay, provide:
- Sales reports, commission statements or profit-sharing schedules.
- Historical average earnings for a comparable period.
4. Statutory References
- New York Civil Practice Law & Rules § 3017(c) requires that the “nature and amount” of special damages—such as lost wages—be stated with particularity. CPLR 3017(c)
- New York Workers’ Compensation Law § 10 governs indemnity benefits for wage loss in work-related injuries. WCL § 10
Helpful Hints
- Request a detailed wage printout from payroll or HR—even informal email summaries can help.
- Ask your employer for a written statement if your pay fluctuates due to tips, commissions or overtime.
- Keep a work-absence journal: note dates, missed hours and why you couldn’t work.
- Save all medical bills and appointment summaries to connect your disability dates with lost time.
- Compare tax returns year over year if you’re self-employed to establish baseline earnings.