Disclaimer: This article does not offer legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Under North Dakota law, you may recover lost wages as part of a personal injury claim. North Dakota Century Code § 32-03-02 defines recoverable damages in personal injury actions, including income you actually lost due to your injury. To file a successful claim, follow these steps:
1. Understand Recoverable Wage Loss
North Dakota allows compensation for wages lost from the date of injury until you reach maximum medical improvement. This includes regular pay, overtime, bonuses tied to hours worked and shift differentials. See NDCC § 32-03-02.
2. Gather Employer Records
Request copies of pay stubs, payroll reports and your employment contract. An employer letter on company letterhead should confirm your job title, pay rate, hours typically worked and dates you missed due to injury.
3. Calculate Your Lost Income
For hourly workers, multiply your hourly rate by the total hours missed. For salaried employees, divide your annual salary by 52 weeks (or by the number of pay periods) to arrive at a weekly or biweekly figure, then multiply by the number of weeks missed.
4. Document Self-Employment or Gig Work
If you’re self-employed, use federal tax returns, profit-and-loss statements and bank records. Maintain ledgers or invoices showing your average weekly or monthly earnings and any work you performed after the injury.
5. Organize Evidence for a Demand Letter
Draft a demand letter that lists your total lost wages supported by pay stubs, tax documents and employer letters. Label each exhibit clearly and attach a summary chart showing how you arrived at your total.
6. Include Lost Wages in Court Filings
If you file a lawsuit, list your lost wages in the prayer for relief section of the complaint. Detail the calculation method and attach supporting exhibits. The court will review your documentation under NDCC Title 32, Chapter 32-03.
Helpful Hints
- Keep a daily journal of symptoms and work ability.
- Store original pay stubs and request certified copies if needed.
- Follow up in writing when you request records from your employer.
- Use consistent calculation methods throughout your claim.
- Consider a vocational expert if your earnings capacity changed permanently.