Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under New Jersey law, you can recover lost wages in two common contexts: (1) Personal Injury Protection (PIP) claims under the New Jersey Automobile Reparation Reform Act (ARRA) and (2) third-party negligence actions as part of special damages. If your employer’s or insurer’s records are missing or incomplete, you may reconstruct your lost wage claim by following these steps.
1. Understand the Applicable Statutes
Personal injury protection requires “reasonable proof” of wage loss. See N.J.S.A. 39:6A-8(d) (available at https://www.njleg.state.nj.us/). Under the New Jersey Wage Payment Law, if payroll records are missing, employees may use alternative evidence to establish unpaid wages. See N.J.S.A. 34:11-4.1(c) and NJ Department of Labor Wage Payment Law (https://www.nj.gov/labor/worker-protections/wage-hour/wage-payment-law.html).
2. Gather Alternative Documentary Evidence
- Tax Returns and W-2/1099 Forms: These establish annual earnings. Divide total wages by 52 to estimate an average weekly wage.
- Bank Statements: Show direct deposits or checks cashed. Identify regular payroll entries.
- Pay Stubs: Even a few stubs help calculate hourly rates and overtime.
- Employment Contracts or Offer Letters: These often list base pay, bonuses, and overtime provisions.
3. Use Testimony and Affidavits
- Employee Affidavit: Describe your usual schedule, pay rate, and any expected overtime.
- Employer or Supervisor Statement: An affidavit confirming your hours and rate supports your claim.
- Co-Worker Declarations: Corroborate your normal work hours and duties.
4. Calculate Lost Wages
Once you’ve gathered evidence, follow these steps:
- Choose a Representative Period: Often the 12–52 weeks before the injury or termination.
- Compute Average Weekly Earnings: Total gross wages ÷ number of weeks in the period.
- Multiply by Weeks Missed: Average weekly earnings × total weeks you could not work.
- Adjust for Overtime or Bonuses: If your income fluctuates, calculate separate averages for straight time, overtime, and commissions.
5. Address Gaps or Disputes
- Motion to Compel Records: If your former employer still holds records, you may file a motion in the appropriate New Jersey court.
- Expert or Vocational Testimony: A vocational economist can project future lost earnings based on your work history.
Helpful Hints
- Keep contemporaneous notes of days missed and your usual schedule.
- Obtain certified copies of IRS transcripts for precise year-to-date income.
- Review any collective bargaining agreement or employee handbook for pay provisions.
- Consider mediation or settlement if document disputes delay your claim.
- Consult an attorney early to preserve your evidence and meet deadlines.