Detailed Answer
When you seek compensation for lost wages after an injury under West Virginia law, you must prove both the amount you normally earn and the income you lost due to the injury. Courts and insurers look for contemporaneous, verifiable records showing your employment earnings, hours, and any changes following the injury. Below are the most common types of documents used to support a lost‐wage claim:
- Pay Stubs and Payroll Records: Detailed pay stubs or payroll register entries showing your gross pay, net pay, hours worked (including regular and overtime), deductions, and pay period dates.
- W-2 and 1099 Forms: Annual IRS forms that summarize your total wages from an employer (W-2) or non‐employee compensation (1099). These help establish your average yearly earnings.
- Tax Returns: Federal and state income tax returns for the past one to three years. These verify self-employment income, bonuses, commissions, and variable compensation.
- Bank and Payroll Deposit Records: Bank statements or screenshots showing deposit dates and amounts matching pay periods. Useful when pay stubs are unavailable.
- Employer Affidavits or Letters: A signed statement from your employer confirming your job title, hourly rate or salary, typical work schedule, and the dates you missed due to injury.
- Timecards or Scheduling Records: Punch‐clock records, electronic scheduling platforms, or timesheet logs demonstrating hours worked before and after the injury.
- Self-Employment Ledgers or Profit & Loss Statements: For independent contractors or business owners, provide detailed books, invoices, contracts, expense reports, and a profit & loss statement showing typical revenues.
- Bonus, Commission, and Overtime Records: Documentation of incentive‐based pay that you earned historically but could not earn during your recovery period.
Under West Virginia Code §23-4-15, lost wage benefits in workers’ compensation are calculated based on your average weekly wage. For non‐workers’ compensation personal injury cases, courts admit business and payroll records under the West Virginia Rule of Evidence 803(6) (business records exception). Consistent, contemporaneous documentation strengthens your claim and reduces the risk of disputes over your entitlements.
For workers’ compensation lost‐wage details, see West Virginia Code §23-4-15: https://www.wvlegislature.gov/WVCODE/ChapterEntire.cfm?chap=23&art=4.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Request copies of pay stubs and timecards from your human resources or payroll department as soon as possible.
- Keep originals safe and submit certified copies to insurers or courts.
- Document any gaps in records with a signed affidavit explaining the missing portions.
- Calculate average weekly earnings by summing recent pay and dividing by the number of weeks covered.
- Separate regular wages from overtime, bonuses, and commissions for clearer calculations.
- Maintain records for at least three years to cover statute of limitations periods.