Detailed Answer
When you file a lost wage claim after an accident in Ohio, you must prove the amount you would have earned but for your injury. Ohio law defines “economic loss” to include lost earnings and earning capacity. See Ohio Rev. Code § 2315.16 and Ohio Rev. Code § 2315.21. To build a solid record of your losses, gather the following documents:
- W-2 Forms: Provide federal W-2 forms for at least the two years before your accident. These show annual wages, withheld taxes, and benefits. Courts use this data to calculate your average weekly earnings.
- Pay Stubs: Submit year-to-date pay stubs around the accident date. These show hours worked, overtime, bonuses, and deductions. Weekly or bi-weekly stubs confirm your typical earning pattern.
- 1099 Forms: If you work as an independent contractor or receive non-employee compensation, include 1099-MISC or 1099-NEC forms. These documents establish your self-employment income history.
- Employer Statement: Obtain a written letter from your employer confirming your job title, rate of pay, scheduled hours, and anticipated return-to-work date. This helps verify the scope of your wage loss.
- Tax Returns: Provide complete federal tax returns (Forms 1040 and schedules) if you have fluctuating income or self-employment revenue. These forms support 1099 and W-2 data.
- Time Sheets or Work Logs: If your employer uses handwritten or electronic timekeeping, include copies for at least four weeks pre-accident. These records corroborate pay stub data.
- Benefit Statements: If you receive workers’ compensation, short-term disability, or paid leave benefits, include statements showing amounts and duration. Ohio Rev. Code § 4123 governs workers’ comp benefits.
After gathering these records, calculate lost wages by comparing your pre-injury earnings to any wages you earned post-accident. Document any gaps or reduced hours. Present this information clearly to insurers or in court to support your claim amount.
Helpful Hints
- Request duplicates of pay stubs and W-2s early—employers can take weeks to respond.
- Keep originals safe and submit copies only; insurers may request certified copies.
- Organize documents in chronological order with labels for easy review.
- Track any part-time or gig work you performed after the accident to offset your claim.
- Discuss your records with a personal injury attorney to ensure nothing is missing.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney to discuss your specific circumstances.