Disclaimer: The information provided here is for educational purposes only and does not constitute legal advice. Consult a qualified attorney licensed in Indiana for guidance on your specific situation.
Detailed Answer
When you seek lost wage compensation but lack employer records, Indiana law allows you to reconstruct earnings using alternative evidence and reasonable estimates.
1. Gather Alternative Documentation
- Bank statements showing regular payroll deposits.
- IRS forms (W-2, 1099) reflecting annual earnings.
- Paycheck stubs, earning statements or direct-deposit slips.
- Timecards, work schedules, calendars or planner notes.
- Affidavits from supervisors, co-workers or clients who observed your hours.
2. Estimate Your Pay Rate and Hours
Under the Indiana Rules of Evidence, you may use testimony or a party’s written admission when originals are unavailable (Ind. Evidence Rule 1007). To form a reliable estimate:
- Identify your typical hourly wage or salaried equivalent.
- Determine your average weekly hours, including overtime.
- Account for bonuses, commissions or shift differentials.
3. Calculate Total Lost Wages
Use a simple formula:
- Hourly rate × Hours missed for straight time.
- Add overtime pay (usually 1.5× rate) for lost OT hours.
- Include lost bonuses or commissions prorated to the period.
- Subtract any mitigation earnings (income earned during recovery).
Present your calculations in a clear table or chart.
4. Cite Indiana Law
In personal injury and employment disputes, Indiana courts allow recovery of lost earnings as part of general damages under Ind. Code Title 34 (Civil Law & Procedure). The Indiana Wage Payment Statute (Ind. Code Title 22, Article 2) requires timely payment but also supports actions to recover unpaid wages.
5. Presenting Your Claim
- File a claim in Small Claims Court or Superior Court based on the amount.
- Attach affidavits, bank statements, IRS forms and your calculation table.
- Be prepared to testify about how you derived your estimates under Evidence Rule 1007.
- Consider expert testimony on wage reconstruction if your case is complex.
Helpful Hints
- Keep your own log of hours, tasks and breaks going forward.
- Send a written demand to your employer requesting missing records.
- Use free or low-cost legal clinics sponsored by the Indiana State Bar Association.
- Contact the Indiana Department of Labor for wage payment guidance: in.gov/dol.
- Document every communication with insurers, employers or third parties.