Detailed Answer
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation.
When you file a lost wage claim in New Hampshire—whether under Personal Injury Protection (PIP) after an auto accident (see RSA 264:15-a) or as part of a broader personal injury suit—you must present clear documentation of your pre-injury income and the wages you missed due to disability. Proper records help insurers and courts calculate the exact amount you lost.
1. Employer Records
- Pay Stubs: Provide pay stubs covering a representative period (typically 6–12 months before your injury) to establish your average weekly earnings.
- W-2 Forms: Submit W-2s from the past two tax years. These show your annual earnings and deductions and help corroborate your pay stub data.
- Employer’s Wage Verification Letter: Ask your HR department for a signed letter stating your job title, dates of employment, hourly rate or salary, and average hours per week.
2. Self-Employed or Gig Workers
- Form 1099s: Collect all 1099-MISC or 1099-NEC forms for the two years before your accident to establish your gross receipts.
- Profit & Loss Statements: If you maintain formal accounting records or use bookkeeping software, export P&L statements for the relevant period.
- Client Invoices and Bank Records: Provide invoices sent to clients and bank statements showing deposits to prove receipt of income.
3. Tax Returns
Submit your federal and state tax returns (Form NH-1040 and IRS Form 1040 with schedules) for the past two years. Tax returns validate your W-2 or 1099 income and reflect self-employment deductions, ensuring accurate net income computation.
4. Calculation of Lost Wages
To calculate your total lost earnings, multiply your average weekly income by the number of weeks you were unable to work. Under the New Hampshire PIP statute (RSA 264:15-a), you can recover up to 85% of your average weekly wage, capped at $600 per week. In a tort claim, you may seek full wage replacement for the entire period of disability.
5. Medical and Disability Records
While not income documents, doctor’s notes, disability certificates, and physical therapy reports establish the duration and extent of your incapacity. Insurers rely on these to confirm you were indeed unable to work.
6. Submitting Your Claim
Compile the above documents and submit them to your insurer’s PIP department or include them with your initial court filings in a personal injury lawsuit. Under New Hampshire Rule of Civil Procedure 16.1(d), you must disclose all records you intend to use to calculate damages.
Helpful Hints
- Organize documents chronologically and label each page for easy reference.
- Request digital copies from employers or accountants to avoid lost paperwork.
- Consider hiring a forensic accountant for complex self-employment income streams.
- Keep backup copies—both digital and physical—of every record you submit.
- Follow up in writing with insurers to confirm receipt of your documents.