Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific situation.

What Is a Lost-Wage Claim?

A lost-wage claim seeks reimbursement for income you could not earn due to injury, accident, or disability. Under personal-injury law in North Dakota, you must prove the amount of wages you lost and link those losses directly to the incident. Accurate records are essential to support your claim.

Key Records to Gather

1. Paystubs and Wage Statements

   Collect paystubs for the period before and after the incident. These documents show gross pay, net pay, hours worked, overtime, and deductions.

2. W-2 and 1099 Forms

   Include W-2s if you’re a salaried or hourly employee. If you’re an independent contractor, gather all Form 1099-MISC or 1099-NEC statements to verify self-employment income.

3. Timecards, Timesheets, and Attendance Records

   Obtain copies of daily or weekly timecards. These records corroborate the hours you typically worked and the time you missed due to injury.

4. Employer Verification

   Request a signed letter from your employer confirming your job title, pay rate, work schedule, and period of absence. Employer affidavits carry weight in proving lost earnings.

5. Tax Returns and Bank Statements

   For self-employed individuals or gig workers, your federal tax returns (Schedule C) and bank statements provide a comprehensive picture of income and expenses. Include profit-and-loss statements prepared by an accountant if available.

6. Medical Records and Doctor’s Notes

   Medical documentation should confirm the dates you were under care and unable to work. These records tie your lost wages to the injury and satisfy the causation element of your claim.

7. North Dakota Rules of Evidence – Business Records Exception

   Under North Dakota Rules of Evidence Rule 803(6), business records maintained in the regular course of business are admissible as an exception to hearsay. Ensure records are kept contemporaneously and include details like date, author, and subject. ND Evid. R. 803(6).

Assembling Your Lost-Wage Package

Organize documents chronologically and create an index or summary chart. Highlight periods of non-work and calculate total lost income. Working with a personal-injury attorney or accountant can improve accuracy and credibility.

Helpful Hints

• Request electronic and paper copies of all employment records.
• Keep a daily journal of pain levels and work limitations.
• Verify that paystubs and timecards match employer-provided wage statements.
• Update bank statements to show any wage deposits you missed.
• Secure an expert report if your income is irregular or commission-based.
• Maintain all medical bills and correspondence with healthcare providers.