How Do I Prove Lost Wages for My Part-Time Job After a Car Accident in Oregon?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Disclaimer: This article provides general information about Oregon law. It does not constitute legal advice. Consult a licensed attorney for advice specific to your situation.

Detailed Answer

Under Oregon law, you can recover lost wages as part of your personal injury damages after a car accident. The measure of damages for personal injury, including lost earnings, appears in ORS 31.155. To prove lost wages from a part-time job, follow these steps:

1. Gather Employment Records

  • Pay stubs: Collect pay stubs for several pay periods before and after the accident.
  • Employer letter: Request a signed letter on company letterhead showing your hourly rate, typical weekly hours, and shifts missed due to injury.
  • Time records: Obtain any time-clock entries or scheduling logs that verify your work hours.

2. Calculate Your Lost Earnings

  • Hourly rate × hours missed: Multiply your regular hourly rate by the number of hours you could not work because of medical appointments or disability.
  • Overtime or bonuses: If you regularly earned overtime or shift premiums, document those amounts separately.
  • Tax documents: Use your W-2 forms or tax returns to demonstrate average earnings over the prior year.

3. Corroborate with Medical and Attendance Records

  • Doctor’s notes: Obtain medical notes stating when you were unable to work or medically restricted.
  • Attendance records: Show any unexcused absences or sick-time usage tied to your injury.

4. Prepare Expert or Accountant Reports

For complex calculations, consider hiring an economic expert or certified public accountant. They can prepare a lost-wages report that a court or insurer will find persuasive.

Once you compile this evidence, submit it to the at-fault driver’s insurer or file it with your personal injury claim in court. Under ORS 31.155, you may recover the amount of wages you actually lost (ORS 31.155).

Helpful Hints

  • Keep a daily journal logging when you felt too injured to work.
  • Photograph any medical paperwork or doctor’s orders restricting your work activities.
  • Request all documents in writing, so you have a paper trail.
  • Follow up promptly with your employer if they delay providing records.
  • Maintain copies of every document you submit to insurers or the court.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.