Detailed Answer
In Mississippi, when you pursue a lost-wage claim—often as part of a personal injury case or workers’ compensation claim—you must prove that you actually lost income due to the incident. Mississippi law recognizes lost earnings as an element of damages under Miss. Code Ann. § 11-1-49 (2019). To support such a claim, gather clear, contemporaneous records that quantify your pre- and post-incident earnings and demonstrate the gap caused by your injury or other qualifying event.
Key Records to Collect
- Pay Stubs and Wage Statements: Provide copies of pay stubs covering at least six months before the incident and all pay stubs after the incident until you return to work or reach maximum medical improvement.
- Tax Returns and W-2 Forms: Submit complete federal tax returns (Form 1040) and W-2 forms for the two years prior to the incident to show your annual income history.
- Employer Records and Letters: Obtain a written statement from your employer detailing your job title, hours worked per week, rate of pay, employment status, dates you missed work, and any benefits (e.g., vacation or sick pay) used.
- Expert Earnings Analysis: Consider a vocational or economic expert report to project future lost earnings and benefits if your injury has lasting effects on your earning capacity.
- Medical Records: Though not directly wage records, medical reports and doctor’s notes establish periods of inability to work, which tie back to missed wages.
- Self-Employment Records: If you’re self-employed, provide profit-and-loss statements, business tax returns (Schedule C), ledgers, invoices, and bank statements showing income fluctuations attributable to the incident.
- Time Sheets and Attendance Logs: For hourly workers, detailed time cards and attendance records quantify hours lost.
Once you’ve compiled these documents, organize them chronologically and label each item clearly. This makes it easier for your attorney or the court to review and tie each record back to the claim of lost wages.
Mississippi Statute Reference
Mississippi law defines loss of earnings as recoverable damages. See Miss. Code Ann. § 11-1-49 (2019):
https://law.justia.com/codes/mississippi/2019/title-11/chapter-1/section-11-1-49/
Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Mississippi to discuss the specifics of your lost-wage claim.
Helpful Hints
- Keep digital and paper copies of every document you collect.
- Request employer statements in writing and verify their accuracy.
- Update your records regularly, especially if recovery is ongoing.
- Consult an accountant or economic expert for complex self-employment cases.
- Review your medical release forms so your attorney can obtain necessary medical records.