Detailed Answer

1. Ohio Law Framework

In Ohio, employees pursue lost wage claims under two main statutory schemes: the Ohio Wage Payment Act (Ohio Revised Code § 4113.15) and the Ohio workers’ compensation system (ORC § 4123.01 et seq.). Both regimes require employers or the Bureau of Workers’ Compensation to pay employees for hours worked. When employer records are missing, Ohio law allows claimants to reconstruct wages using alternative evidence.

• Ohio Wage Payment Act (WPA): ORC § 4113.15 enables employees to recover unpaid wages, including minimum and overtime pay. Link: ORC 4113.15.

• Workers’ Compensation: ORC § 4123.01(L) defines “average weekly wage” as the basis for lost-time compensation. Link: ORC 4123.01. The Industrial Commission’s rules (Ohio Adm. Code 4121-3-18) allow reconstruction when records are incomplete. Link: OAC 4121-3-18.

2. Reconstructing Lost Hours and Pay Rates

When direct records are unavailable, gather secondary evidence to estimate wages:

• Personal Tax Records: W-2 forms, 1099s, or Schedule C entries.
• Bank and Credit Card Statements: Deposits that match pay cycles.
• Co-worker Affidavits: Signed statements confirming usual hours and typical pay rates.
• Work Schedules and Logs: Emails, text messages or project management tools showing clock-in/out times.
• Time-stamped Documents: Purchase receipts or security badge swipe data.

3. Calculating Estimated Wages

1. Determine your average weekly hours based on available evidence.
2. Identify a reasonable pay rate range by referencing comparable employees or industry standards.
3. Multiply hours by rate to compute weekly wages. Apply Ohio’s minimum wage and overtime rules if relevant.

For workers’ compensation, use reconstructed earnings to calculate your average weekly wage under ORC § 4123.01(L). The Commission accepts a fair estimate when the employer’s records are missing.

4. Submitting Your Claim

• WPA Claims: File a complaint with the Ohio Department of Commerce, Division of Industrial Compliance or bring a civil lawsuit in county court. Attach your reconstructed wage calculations and supporting evidence.

• Workers’ Compensation Claims: Submit Form C-86 to the Ohio Bureau of Workers’ Compensation. Provide your wage reconstruction documents under the Commission’s guidelines.

Keep copies of all documents and mail certified receipts if you submit evidence by post.

Helpful Hints

• Start reconstructing wages promptly to avoid stale evidence.
• Gather multiple independent sources to bolster your estimate.
• Use sworn affidavits when possible—Ohio courts give them strong weight.
• Refer to Ohio’s minimum wage (ORC § 4111.01) to ensure your rate meets legal standards.
• Keep a detailed log of every document and communication for your file.