Disclaimer: This article is for educational purposes only and is not legal advice. Consult an attorney for advice about your specific situation.
Detailed Answer
Understanding Lost Wages Under Oregon Law
Under Oregon law, “economic damages” include past and future lost wages. See ORS 31.710(1)(b) (ORS 31.710).
Step 1: Gather Employment Records
- Pay stubs showing earnings before and after the injury.
- W-2 forms or tax returns verifying annual income.
- A letter from your employer confirming your job title, wages, hours and missed shifts.
Step 2: Document Self-Employment Income (if applicable)
- Profit and loss statements.
- Invoices, bank statements, and tax returns.
- Accountant-prepared income reports.
Step 3: Calculate Lost Wages
Subtract actual post-injury earnings from pre-injury earnings. Include bonuses, commissions, overtime, and benefits if your employer typically paid them.
Step 4: Include Future Lost Earnings
If your injury affects your ability to work long-term, you can claim future lost wages. You may need an expert—such as an economist or vocational specialist—to project future earnings. See ORS 31.710(1)(c) (ORS 31.710).
Step 5: Presenting Your Claim
- Submit your documentation to the insurer or opposing party with a written demand.
- Attach a detailed spreadsheet or summary tracing your calculations.
- File this claim in your complaint if the insurer denies the demand.
Helpful Hints
- Keep a daily journal of missed workdays and activities you can’t perform.
- Make copies of all pay stubs and employer letters.
- Update your calculation if you return to work part-time.
- Talk to a vocational expert for a future earnings projection.
- Consult an injury attorney before signing any settlement offers.