What Records Are Needed to Support a Lost Wage Claim After an Accident?

Disclaimer: This article provides general information and is not legal advice. Consult a qualified attorney to discuss your specific situation.

Detailed Answer

When you miss work because of an accident in Massachusetts, you may seek compensation for lost wages as part of your personal injury claim. To document and prove the income you actually lost, you’ll need precise and verifiable records. Below are the primary types of documents you should gather:

1. Wage and Earnings Records

• W-2 Forms: Obtain copies of your W-2s for at least the two years prior to the accident. These forms from your employer report your annual wages and withheld taxes.
• Pay Stubs: Provide pay stubs covering the period immediately before and after your accident. These show your gross pay, hours worked, overtime, and deductions.
• 1099 Forms: If you worked as an independent contractor or freelancer, submit relevant 1099-MISC or 1099-NEC forms to document non‐employee compensation.

2. Tax Documents

• Federal and State Tax Returns: File copies of your complete tax returns (Form 1040 and Massachusetts Schedule X) for the last two tax years. These returns establish your overall income picture.
• Business Profit & Loss Statements: For self‐employed individuals, include monthly or quarterly profit-and-loss statements prepared by you or your accountant.

3. Employment Verification

• Employer Letter: A signed letter from your supervisor or HR department confirming your job title, pay rate, average hours per week, and dates you were unable to work.
• Time Records or Punch Cards: If your employer tracks hours electronically or with paper time cards, provide copies for the affected pay period.

4. Benefits and Leave Records

• Sick Leave and Vacation Statements: Documentation showing any paid leave used during your recovery, which helps calculate net out‐of‐pocket income loss.
• Short-Term Disability or FMLA Notices: If you received any disability payments, these records show offsetting benefits that reduce your total claim.

5. Future Earning Capacity (if applicable)

• Expert Reports: Vocational rehabilitation or economic expert analyses estimating future wage losses due to lasting impact from your injuries.

Massachusetts law allows you to submit these documents under the Massachusetts Uniform Business Records Act, M.G.L. c. 233, § 79, to authenticate business and employment records. For workers’ compensation claims, consult M.G.L. c. 152, § 29, which details how wage loss benefits are calculated.

Helpful Hints

• Organize documents chronologically and label them clearly before sharing with your attorney or insurer.
• Request certified copies of W-2s or 1099s from payroll or your accountant if originals are missing.
• Keep digital backups of all records in a secure folder for easy access.
• Document any out-of-pocket expenses (e.g., childcare, transportation) incurred due to your inability to work.
• Discuss with your attorney whether to include future wage loss and how to engage an appropriate economic expert.