Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
To support a lost-wage claim in Ohio, you must assemble documentation that clearly proves the amount you earned before the injury or incident and the income you lost as a result. Below are the primary categories of records you should gather:
- Pay Stubs and Payroll Records: Provide recent pay stubs covering at least three to six months prior to your injury. If your employer uses direct deposit, you can also supply payroll reports or earning statements that detail hours worked and gross/net pay.
- Tax Returns and W-2 Forms: Submit your federal and state tax returns (Form 1040) and W-2s for the past one to three tax years. These documents help establish your average annual income.
- Employer Verification Letter: Request a signed letter from your employer stating your job title, hourly rate or salary, typical work schedule, and confirmation of the dates you missed due to injury.
- Time Sheets and Shift Records: If you record your own clock-in/clock-out times or your employer maintains shift logs, include copies. These records corroborate your normal work hours and any overtime.
- Self-Employment Records: For freelancers, contractors, or business owners, gather 1099-MISC/1099-NEC forms, profit-and-loss statements, invoices, bank statements, ledgers, and any business tax returns.
- Doctor’s Notes and Medical Records: Provide documentation showing the dates you were medically advised not to work. Medical restrictions and treatment timelines help link your lost wages directly to your injury.
- Benefit Statements: If you received unemployment, disability, or workers’ compensation benefits, include award letters or payment summaries. These records show any income you did receive while out of work.
Under Ohio law, you may recover lost wages as economic damages in a personal injury lawsuit. See Ohio Revised Code §2315.18 for economic damages, including lost earnings. In a workers’ compensation claim, see Ohio Revised Code §§4123.56 and 4123.65 for wage-loss benefits and calculation methods.
Helpful Hints
- Organize documents chronologically for clarity.
- Make certified copies of all records and keep originals safe.
- Keep a work diary noting days and hours missed, and any communication with your employer about your disability.
- Get written statements from coworkers or supervisors if your work schedule was irregular or if you worked on-call.
- Consult with your HR department early to request complete payroll and attendance data.
- Use a secure digital folder to share records with your attorney or adjuster.
- Review statute links directly to verify any updates in Ohio law: