Detailed Answer
If you suffer wage loss after an accident in Minnesota, gathering accurate income records is vital to prove your claim. Whether you file a personal injury lawsuit under Minnesota Statutes §604.02 or seek no-fault benefits under Minnesota Statutes §65B.44, you must document your pre- and post-accident earnings. Below are the primary records you should collect:
1. W-2 Forms
Wage and Tax Statements (W-2s) show your annual income from an employer. They provide an official record of gross wages, tips, and other compensation. Collect W-2s for at least the two years before the accident to establish a baseline of your typical earnings.
2. Pay Stubs
Recent pay stubs offer detailed information on your pay period, hours worked, overtime, deductions, and year-to-date earnings. Provide pay stubs covering the period immediately before the accident and those showing any post-accident payments.
3. 1099 Forms
If you work as an independent contractor or receive non-employee compensation, Form 1099-MISC or 1099-NEC documents your earnings. Include these for the relevant tax years to demonstrate self-employment income.
4. Employer Certification
Ask your employer for a signed letter or affidavit stating:
- Your job title and duties
- Hourly or salary rate
- Typical work schedule
- Dates you missed due to injury
- Any sick leave or paid time off used
5. Tax Returns
Complete federal and state income tax returns (Form 1040 with schedules) confirm your gross income, deductions, and business expenses. Tax returns help substantiate earnings for both payrolled employees and self-employed individuals.
Minnesota Statutes on Lost Wage Recovery
Under Minn. Stat. §604.02, a plaintiff may recover “compensation for loss of earnings.” For motor vehicle accidents, Minn. Stat. §65B.44 limits wage loss benefits to 85% of your gross income, subject to a statutory maximum.
Disclaimer
This information is for educational purposes and does not constitute legal advice. Consult a qualified attorney in Minnesota to discuss your specific situation.
Helpful Hints
- Organize records chronologically to show pre- and post-accident comparison.
- Request certified wage statements from payroll to avoid disputes.
- Keep digital and paper copies of all documents.
- Note any modifications in work duties or hours due to injury.
- Consider a vocational expert’s report if your injury changes earning capacity.