Documenting and Claiming Lost Wages in Minnesota Personal Injury Cases

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation.

Detailed Answer

Under Minnesota law, you can recover lost wages and benefits if an injury prevents you from working due to someone else’s negligence. Minnesota Statute § 604.02 covers compensation for special damages, including loss of earnings and other economic losses.

1. Understand What Counts as Lost Wages

“Lost wages” include:

• Gross salary, hourly pay, overtime, bonuses, and commissions
• Employer-paid benefits such as health insurance contributions, retirement contributions, paid leave, and fringe benefits
• Diminished earning capacity if your future ability to earn is reduced

2. Gather Essential Documentation

• Pay stubs or payroll records: Show your earnings before and after the injury.
• W-2 forms or tax returns: Provide a 12-month average of your income.
• Employer letters: Confirm missed hours, your usual schedule, and hourly rate or salary.
• Medical records and notes: Detail work restrictions and recovery timeline.
• Fringe benefit statements: Document loss of health insurance contributions, retirement accruals, and other perks.

3. Calculate Your Lost Wages

Multiply your average weekly earnings by the number of weeks you missed work. For variable pay (overtime, commissions), calculate a 52-week average. Keep a detailed spreadsheet or chart of these calculations and cite each figure to supporting documents.

4. Submit a Demand Letter or Insurance Claim

Before filing a lawsuit, send a demand letter to the at-fault party or their insurer. Include:

• A summary of the incident and resulting injuries
• An itemized list of economic damages, including lost wages with attached documentation
• A clear deadline for response (typically 30 days)

5. Filing a Lawsuit if Needed

If the insurer denies your claim or offers an inadequate settlement, file a personal injury lawsuit. Minnesota enforces a two-year statute of limitations for personal injury actions (Minn. Stat. § 541.07), so file before the deadline to preserve your rights. During litigation, submit your lost wage documents with your complaint and consider expert testimony on earning capacity.

Helpful Hints

• Keep a daily journal of your symptoms, work restrictions, and missed shifts.
• Request a formal wage-verification letter from your employer’s HR or payroll department.
• If you’re self-employed, use bank statements, invoices, contracts, and profit-and-loss statements to document lost revenue.
• Retain all correspondence with insurers, including emails, letters, and claim numbers.
• Photograph or scan all physical documents to create a secure backup.
• Review Minnesota Statute § 604.02 to understand recoverable damages.
• Confirm your filing deadlines at Minnesota Statute § 541.07.
• Speak with a personal injury attorney if the insurer disputes the extent of your wage losses or delays payment.