Disclaimer
This article provides general information under Oregon law and does not constitute legal advice. Consult a licensed attorney for advice specific to your situation.
Detailed Answer
A lost-wage claim seeks compensation for income you lose when an injury prevents you from working. Under ORS 31.710(2), you may recover “the amount of income the plaintiff would have earned.” For workers’ compensation claims, ORS 656.268 governs temporary disability benefits and wage-loss calculations.
Gathering precise records strengthens your claim. First, collect proof of your regular earnings. This includes pay stubs, W-2 forms, Forms 1099, and your most recent tax returns. If you work hourly, time sheets and payroll records clearly show hours worked and any overtime.
Next, document the period you missed. Ask your employer for an absence report or a written confirmation of days off due to injury. For self-employed individuals, use business ledgers, invoices, bank statements, or sales reports to show income loss.
Medical documentation also plays a key role. Obtain a doctor’s note or medical records specifying restrictions and dates you could not work. Align these dates with your payroll or business records so insurers or the court can see a direct link between your injury and lost earnings.
Finally, create a calculation summary. For example, if Jane Doe misses two weeks of work after a car accident, she would average her weekly earnings based on pay stubs or tax documents and multiply by the number of missed weeks. For irregular earnings, calculate an average over at least six months to ensure accuracy.
Helpful Hints
- Keep copies of all pay stubs, W-2s, and tax returns for at least one year.
- Request an employer letter confirming your normal work schedule and days missed.
- Use calendar entries, emails, or text messages that show missed shifts or job assignments.
- Ensure your medical records clearly state work restrictions and the exact dates you could not perform job duties.
- Organize all documents chronologically and maintain digital backups for quick reference.