Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation.
Detailed Answer
When a car accident forces you to miss shifts at your part-time job, Massachusetts law allows you to recover economic damages for lost wages. Under M.G.L. c. 231, § 63, the measure of damages in a personal injury action includes “loss of earnings from employment in the past and future.” To prove your lost wages, follow these steps:
1. Gather Pre-Accident Earnings Documentation
- Pay stubs and time sheets: Collect at least 3–6 months of records showing your hourly rate and hours worked.
- Employer letter: Obtain a signed statement from your supervisor or HR confirming your average hours, rate of pay, and the dates you missed.
- Tax returns and W-2 forms: Use these if you have a variable schedule or additional gig income.
2. Document Post-Accident Work Loss
- Lost-wage journal: Record each date you could not work, the number of scheduled hours, and the reason (e.g., medical restriction).
- Medical records: Include doctor’s notes, work-restriction forms, and any physical therapy or specialist reports showing you were unable to work.
3. Calculate Your Lost Wages
Multiply your hourly rate by the total hours you missed. If your schedule varied, calculate an average weekly rate over a representative period (such as 12–26 weeks) to determine a fair rate for your lost shifts.
4. Use the Discovery Process
- Automatic disclosures: Under Mass. R. Civ. P. 26, you must disclose your damage calculation and supporting documents early.
- Request for production: Serve the defendant with formal requests for your employer’s payroll and attendance records.
5. Admit Business Records
Employer payroll and time records qualify under the business-records exception to hearsay (Mass. R. Evid. 803). Ensure you authenticate these documents through proper deposition or affidavit.
6. Consider Expert Testimony
If your injuries cause ongoing or permanent limitations, an economist or vocational expert can project future lost earnings and strengthen your claim.
Helpful Hints
- Start a lost-wage journal immediately. Record every missed shift and the related medical restriction.
- Secure a signed employer letter early. Written confirmation of hours and pay rate is persuasive evidence.
- Retain copies of all pay stubs, W-2s, 1099s, and relevant tax returns.
- Obtain clear medical documentation of any work-related restrictions.
- Consult an attorney as soon as possible to ensure proper evidence gathering and compliance with Massachusetts procedural rules.