Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Understanding Lost Wage Claims in North Dakota
After an injury, you can recover lost earnings from all your jobs as economic damages under North Dakota law. Whether your injury happened at work or due to a third party’s negligence, follow these steps to document and claim your lost wages effectively.
1. Identify Your Claim Type
Work-related injury: File a claim with Workforce Safety & Insurance (WSI) under N.D.C.C. § 65-05-06 for temporary total or partial disability benefits.
Third-party injury: Include lost wages as economic damages in your personal injury claim under N.D.C.C. § 32-03-02.
2. Gather Documentation
- Pay stubs or wage statements for each job
- Tax returns (Form W-2 or 1099) showing earnings
- Employer verification letters confirming hours missed
- Medical records indicating periods of incapacity
3. Calculate Lost Wages
Include actual wages lost (hourly pay × hours missed) and any lost bonuses, tips, or commissions. For self-employed work, use profit and loss statements or 1099s.
4. Submit Your Claim
Work-related: File the First Report of Injury with WSI within two years of your injury date. Provide complete wage information to avoid delays.
Third-party: Send a demand letter to the at-fault party or insurer, itemizing lost wages from each job with supporting documents.
5. Negotiate or Litigate
Insurers may dispute amounts. Negotiate using your clear records. If talks stall, you can file suit within the two-year statute of limitations under N.D.C.C. § 28-01-16.
Helpful Hints
- Keep daily logs of work missed and duties you could not perform
- Request wage verifications in writing from each employer
- Update your doctor on how the injury limits work activities
- Maintain clear correspondence with insurers and employers
- Consult an attorney before signing any release or settlement