Disclaimer: This article offers general information under Massachusetts law and does not constitute legal advice.
Detailed Answer
To prove lost wages in Massachusetts, you must show your pre-injury earnings and the income you lost due to your injury. Gather clear, verifiable records from your employer, tax filings, and medical providers. Below is a breakdown of essential documents.
1. Payroll and Tax Documents
- Pay stubs: Submit at least 6–12 months of consecutive pay stubs showing regular hours and overtime.
- W-2 forms: Provide the last two years of W-2s. Massachusetts defines “wages” as “all remuneration” under M.G.L. c. 152 § 1 (link).
2. Employer Records
- Letter from employer: A signed statement on letterhead detailing your position, salary, typical hours, and dates missed due to injury.
- Time reports: Timesheets or electronic clock-in/clock-out records documenting hours worked before and after injury.
3. Medical Records
- Physician notes: Documentation of your incapacity and any work restrictions.
- Therapy reports: Dates of treatment and prescribed recovery periods.
- Note: Workers’ compensation claims require medical proof under M.G.L. c. 152 § 11A (link).
4. Self-Employed and Independent Contractors
- Profit & loss statements: Yearly P&L statements showing revenue before and after injury.
- Tax returns: Schedule C or relevant returns for the prior two years.
- Client invoices: Evidence of fees you could not earn during recovery.
- Bank statements: Show decline in business deposits during periods you could not work.
5. Additional Records
- Employment contracts: Terms of compensation, benefits, bonuses, and commissions.
- Commission and bonus records: History of variable pay that supports projected earnings.
- Personal calendars: Notes of missed work dates and appointments.
Helpful Hints
- Organize records chronologically and label each item clearly.
- Keep both digital and physical copies to prevent loss.
- Request certified or original documents when possible.
- Ask your employer for signed letters on official letterhead.
- Seek legal guidance early to ensure you follow correct procedures.