Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Mississippi for guidance on your specific situation.
Detailed Answer
When someone else’s negligence causes your injury, you can pursue economic damages for lost wages under Mississippi law. Follow these steps to document and claim your lost income:
1. Collect Employment Records
Request copies of your pay stubs, W-2 forms, tax returns and employer payroll reports covering the period before and after your injury. These records establish your regular earnings and any hours you missed due to recovery.
2. Get an Employer Verification Letter
Ask your supervisor or HR department to provide a signed letter stating:
- Your job title and rate of pay (hourly, salary, commission, bonuses).
- The dates you were scheduled to work but could not due to your injury.
- Any paid leave or benefits you used instead of unpaid leave.
3. Obtain Medical Certification of Work Restrictions
Secure written notes from each treating physician outlining your work restrictions, dates you were completely off work and dates you could perform limited or modified duties. This medical proof links your income loss directly to your injury.
4. Calculate Future Lost Earnings
If your injury affects your ability to earn in the future, work with a vocational expert or economist to project lost earning capacity. That expert will consider your age, education, skills and local job market.
5. Include Lost Employee Benefits
Don’t forget to tally fringe benefits you missed out on, such as:
- Health insurance contributions or reimbursements
- Retirement plan matches
- Overtime, holiday or sick-time pay
6. File Within the Statute of Limitations
Under Mississippi law, you generally have two years from the date of injury to file a personal injury suit. See Miss. Code Ann. § 15-1-49.
Helpful Hints
- Keep a daily journal of how your injury affects your ability to work.
- Save all medical bills and correspondence with doctors.
- Photograph any visible injuries that restrict mobility.
- Document unpaid leave requests and approvals in writing.
- Ask your attorney to coordinate with a financial expert early in your case.
- Review your employment handbook to track paid-time-off policies.