Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Pennsylvania law, an injured person can recover lost wages as part of economic damages. 42 Pa.C.S. § 7102 defines recoverable damages to include “pecuniary loss” such as lost earnings. To prove a lost-wage claim, you must show both the amount you earned before injury and the income you lost due to your injury.
Key records typically include:
- Pay stubs or direct-deposit statements: Provide a complete history of gross and net pay for several months before and after the injury.
- W-2 forms and tax returns: Confirm annual earnings and any taxable benefits. Federal tax returns (Forms 1040) and state returns (PA-40) help establish your baseline income.
- Employer earnings statements or ledgers: Official employer records showing wages, bonuses, overtime, commissions and pension contributions.
- Time sheets or clock-in/clock-out records: Document hours actually worked if you are paid hourly.
- Written employer declarations: A letter from your employer confirming your job title, pay rate, typical work schedule and inability to work post-injury.
- Tax-withholding forms: W-4 or state withholding forms that reflect your declared filing status and allowances.
- Self-employment records: Profit and loss statements, 1099s, business ledgers or bank statements if you are an independent contractor or run your own business.
- Job search and mitigation records: Emails, job applications or returned offers showing efforts to return to work.
- Medical restrictions and return-to-work slips: Physician notes, functional capacity evaluations or work-release forms confirming when and how you were able (or not able) to work.
In personal injury litigation, you can request these documents through discovery under Pennsylvania Rule of Civil Procedure 4003.5. See Pa.R.C.P. 4003.5, 231 Pa. Code § 4003.5. That rule permits disclosure of employment earnings and benefits records directly from your employer or any third party holding them.
For worker’s compensation claims, you must also submit wage statements to the Bureau of Workers’ Compensation showing average weekly wage. The Bureau uses these figures to calculate your indemnity benefits.
Helpful Hints
- Collect at least 6–12 months of pre- and post-injury pay records to show a clear earnings trend.
- Keep both paper and electronic copies of all employment documents in a single file.
- Ask your employer’s payroll or HR department for an employment verification letter on company letterhead.
- Keep a detailed journal of missed workdates, hours lost and any calls or emails about return-to-work status.
- If you are self-employed, get your accountant’s help organizing profit and loss statements and tax filings.
- Work with your treating physician to obtain precise work-restriction notes rather than vague comments.
- Review insurance or subrogation liens early to understand how other benefits might offset your claim.
- Consult an attorney before signing any release or settlement to ensure you include full wage-loss claims.