Detailed Answer
A lost-wage claim seeks to compensate you for earnings you could not receive because of an injury. In Tennessee, you must present clear, convincing proof of your actual losses. Gather records that show your normal earnings, the time you missed, and your inability to work as a direct result of the accident or injury.
1. Payroll and Employment Records
- Pay stubs and wage statements that cover at least six months before your injury.
- W-2 forms and 1099s for the prior two tax years.
- Timesheets or clock-in/clock-out records.
- A written statement from your employer confirming your pay rate, job duties, and the dates you missed work.
- Tennessee law requires employers to keep accurate payroll records under Tennessee Code Annotated § 50-7-207 (TCA 50-7-207).
2. Tax Returns and Financial Statements
- Federal and state tax returns for the last two to three years.
- Profit and loss statements if you are self-employed or an independent contractor.
- Bank statements showing deposits of business income.
- Invoices, receipts, or contracts for any freelance or contract work.
3. Medical Records and Doctor’s Notes
- Medical reports detailing your diagnosis, treatment plan, and disability dates.
- Physician notes explaining why you could not perform your job duties.
- Physical therapy or rehabilitation attendance records.
- Disability benefit notices or short-/long-term disability claim documents.
4. Expert Opinions for Future Lost Wages
- Vocational expert reports on your projected earning capacity.
- Life care plans if your injury causes permanent disability.
- Economic loss calculations prepared by a certified economist.
When you combine these records, you build a credible, detailed picture of your financial losses. Courts and insurers in Tennessee require documentary proof, not just personal statements. Keep originals safe and provide copies to your attorney and the opposing party during discovery.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Organize documents chronologically and label each with dates and descriptions.
- Request certified payroll records early—employers sometimes take time to compile them.
- Use a spreadsheet to calculate total lost wages and include overtime or bonuses if applicable.
- Obtain a written job description to show how your duties changed or stopped.
- Keep a log of phone calls, emails, and letters related to your lost-wage claim.