Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation.
Detailed Answer
When you pursue a lost-wage claim in New Mexico—whether as part of a personal injury lawsuit or under workers’ compensation—you must prove the income you lost due to the injury. Courts and insurers require accurate documentation to calculate your actual losses. Key records include:
- Pay stubs and wage statements. Provide copies of pay stubs or earnings statements spanning the period before and after your injury. These show your hourly rate or salary and hours worked.
- Employer earnings verification. Request an income verification letter from your employer detailing your wages, bonuses, commissions, tips, paid leave, and typical hours. New Mexico’s Wage Act defines “wages” broadly. (See NMSA 1978, Section 50-4-2 link.)
- Tax returns and W-2 or 1099 forms. Your federal tax returns, W-2s, or 1099s establish annual earnings and confirm self-employment income if applicable.
- Timesheets or clock-in records. Time records support claims for hourly employees by tracking actual hours worked.
- Financial account statements. Bank statements and canceled checks can corroborate direct-deposited wages.
- Medical records and restrictions. If your injury affects your ability to work, medical notes and work restrictions help explain why you missed work or earned less.
- Expert wage analyses. In complex cases or for future lost earnings, vocational or economic expert reports may be necessary to project your earning capacity.
For workers’ compensation claims, New Mexico law calculates temporary total disability benefits based on your average weekly wage. Employers must maintain payroll records under NMSA 1978, Section 50-4-26 (link). The Workers’ Compensation Act (NMSA 1978, Section 52-1-36; link) specifies how to compute compensation based on average weekly wages.
Helpful Hints
- Organize records chronologically to show pre- and post-injury earnings.
- Keep originals and provide copies to insurers or opposing counsel.
- Request written statements from supervisors if pay practices changed after the injury.
- Track all income sources, including bonuses, overtime, commissions, and tips.
- Document communications with your employer about your injury and time off.
- Consult a qualified attorney early to identify additional evidence needed for your claim.