Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Idaho attorney for advice specific to your situation.
Understanding Lost-Wage Claims in Idaho
When an injury, illness or other event prevents you from working, Idaho law allows you to recover lost wages as part of your damages. To prove your claim, you must present clear, organized evidence of earnings lost and future income you likely will forgo.
Detailed Answer
1. Employment Records
- Paystubs and Time Sheets: Weekly or bi-weekly statements showing hours worked, overtime, shift differentials and gross/net pay.
- Employer Verification Letter: A signed letter from your employer confirming your position, wage rate, typical hours and dates you missed or will miss work due to injury.
- Attendance Logs: Clock-in/clock-out records or electronic swipe reports documenting actual hours on the job.
2. Pre-Accident Earnings Documentation
- W-2 Forms: Federal wage statements from the past 1–3 years to establish consistent income patterns.
- IRS Tax Returns: Complete returns (Form 1040 and schedules) demonstrating self-employment income or variable earnings.
- Average Income Calculation: A summary spreadsheet showing weekly, monthly or annual averages if your income fluctuates seasonally.
3. Medical and Work-Restriction Records
- Physician’s Notes: Statements describing your injury, prognosis and work restrictions (e.g., no heavy lifting, limited hours).
- Physical Therapy Records: Treatment dates and recommendations that corroborate time away from work.
- Functional Capacity Evaluations: Professional assessments of your ability to return to full duties.
4. Tax Returns and Business Financials (for Self-Employed Claimants)
- Profit & Loss Statements: Monthly or quarterly statements showing business revenue and expenses.
- Client Invoices and Contracts: Records of billable hours or projects canceled due to your inability to work.
- Business Bank Statements: Deposits and withdrawals that reflect income you lost during recovery.
5. Expert or Third-Party Analysis
- Vocational Expert Reports: Projections of lost future earnings based on your age, education and job market.
- Economic Damages Calculations: A certified accountant or economist can aggregate past losses and forecast future wage loss.
Under Idaho law, special damages such as lost wages fall under actual damages recoverable in personal injury actions. See Idaho Code §6-1801 (Title 6, Chapter 1). To introduce summaries of voluminous wage records, use Idaho Rules of Evidence 1006 (Rule 1006 PDF).
Helpful Hints
- Start gathering records immediately. Early collection prevents gaps in documentation.
- Keep originals and digital copies. Back up files in the cloud.
- Organize chronologically. Label folders by year and type (paystubs, W-2s, medical notes).
- Ask your employer’s HR department for assistance retrieving archived pay records.
- Obtain a lost-wage calculation from a qualified economist if your work history is complex.
- Review medical restrictions with your doctor to clarify when you can return to work.
- Work closely with your attorney to ensure all evidence meets Idaho’s rules for admissibility.