Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
To recover lost wages in Oklahoma, you must prove the amount you earned before your injury and the wages you lost because you could not work. Oklahoma workers’ compensation law (see Title 85A of the Oklahoma Statutes) governs workplace injuries, while tort cases (like car accidents) rely on general civil rules. In both contexts, solid documentation makes your claim stronger.
1. Pay Stubs and Payroll Records
Provide copies of pay stubs covering at least six months before your injury. These show your hourly or salary rate, hours worked, overtime, and deductions. Employers keep detailed payroll records. Under Oklahoma’s business-records exception (12 O.S. § 3237), these records are admissible in court as reliable evidence.
2. Employer Verification Letter
Ask your employer for a signed letter detailing:
- Your job title and work schedule
- Dates you were off work due to injury
- Average weekly earnings
- Anticipated return-to-work date
3. Tax Returns and W-2 Forms
Federal tax returns and W-2s from the past two years corroborate your annual income. These documents can fill gaps if pay stubs are missing.
4. Time Sheets and Attendance Logs
For hourly workers, time cards or electronic time-tracking reports demonstrate hours worked. Compare them with records after your injury to quantify lost hours.
5. Bank Statements
If you deposited wages directly, bank statements show consistent deposits. Highlight missing deposits during your recovery period.
6. Medical Records and Doctor’s Notes
Medical records link your injury to your inability to work. A doctor’s note specifying work restrictions or total inability to work helps establish the exact period of wage loss.
7. IRS Form 1099 (for Contractors)
If you’re an independent contractor, supply 1099s and ledgers showing business revenue. Profit-and-loss statements prepared contemporaneously also demonstrate earnings.
8. Expert Wage Calculations
In complex cases (e.g., lost future earning capacity), an economist or vocational expert can calculate projected wages. Courts recognize these reports under expert-testimony rules.
By compiling these records, you create a clear trail of your normal earnings and your actual income during recovery. Strong documentation accelerates negotiations and supports a fair settlement or verdict.
Helpful Hints
- Organize documents chronologically in a file or digital folder.
- Request certified copies of payroll records if your employer is uncooperative.
- Keep duplicates of all documents you submit to insurers or opposing counsel.
- Track phone calls and emails when requesting records—note dates, names, and content.
- Consult an attorney early to identify gaps in your documentation.
For more on Oklahoma’s wage-loss provisions under workers’ compensation, see Title 85A of the Oklahoma Statutes: https://www.oklegislature.gov/Laws/Statutes/Title85A.html.