Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
1. Understanding Lost Wages in Oklahoma
After a personal injury, you can recover special damages that directly flow from the incident. Lost wages fall under special damages. Oklahoma law allows you to claim income you would have earned if the injury had not occurred.
2. Gathering Documentation
- Pay Stubs and Tax Returns: Collect pay stubs for at least one year before the injury. Include W-2s or 1099s to show your annual income.
- Employer Verification: Ask your employer for a written statement detailing your usual work hours, pay rate, and expected shifts missed due to injury.
- Timesheets and Schedules: Secure copies of timesheets, work schedules, or digital time records showing the dates and hours you could not work.
- Medical Records: Obtain doctor’s notes and treatment records indicating when you were physically unable to work.
3. Calculating Your Lost Wages
Use the following formula:
Average daily/hourly rate × Number of workdays/hours missed = Lost wages
Example: If Jane earns $150 per day and misses 10 workdays, her lost wages equal $1,500.
4. Claiming Lost Wages in a Personal Injury Lawsuit
In Oklahoma civil actions, you can use formal discovery to obtain and exchange evidence. Under 12 O.S. § 2012, you may request production of employment records and financial documents.
- Include a detailed schedule of lost earnings in your initial disclosures.
- Attach copies of pay stubs, employer statements, and medical records as exhibits.
- Retain a forensic accountant or vocational expert for complex income calculations or future earning capacity claims.
5. Presenting Your Claim to the Insurance Company or Court
When negotiating with an insurer or presenting at trial:
- Provide a clear summary of wage loss with supporting documentation.
- Use charts or spreadsheets to illustrate missed work periods.
- Explain any reductions in hours or duties due to partial disability.
Helpful Hints
- Keep a daily journal of symptoms and work restrictions.
- Make photocopies of all wage-related documents before you send originals.
- Request periodic updates from your employer on your return-to-work status.
- Save emails or text messages about schedule changes or doctor’s appointments.
- Consider hiring a certified public accountant if your income is irregular or includes bonuses or commissions.