Disclaimer: This article provides general information on Oregon law and is not legal advice. Consult an attorney for guidance on your specific situation.
Detailed Answer: Records Needed for Lost Wage Claims in Oregon
After an accident in Oregon, you can seek compensation for wages you lost due to injury. To prove your claim, collect documents that show your earnings before the accident and the income you actually lost.
1. Establishing Past Earnings
- Pay stubs: Gather 3–6 months of pay stubs before and after your accident. These show hourly rates, hours worked, overtime and bonuses.
- W-2 forms: Provide W-2s for the two tax years preceding the accident to confirm annual salary and tax withholdings.
- Employer verification letter: Request a letter stating your job title, pay rate, typical hours and any regular bonuses or commissions.
- 1099s: If you work as an independent contractor or freelancer, include 1099-MISC or 1099-NEC forms for the two prior years to document self-employment income.
2. Documenting Self-Employment Income
- Tax returns: Submit complete federal and state returns, including Schedule C or other business schedules, for two years before the accident.
- Profit and loss statements: Use year-to-date statements prepared by your accountant or bookkeeping software.
- Invoices and bank statements: Provide copies of bills sent to clients and corresponding deposits showing payment dates and amounts.
3. Verifying Reduced or Lost Hours
- Work schedules or time cards: Show assigned shifts and hours prevented by your injury.
- Employer communications: Emails or memos notifying you of reduced assignments or unpaid leave.
4. Proving Future Lost Earnings
- Medical prognosis: A doctor’s report estimating recovery time and any permanent restrictions on your ability to return to work.
- Vocational expert report: For complex cases, an expert can assess your earning capacity post-recovery.
5. Statutory Basis under Oregon Law
Oregon law allows recovery of past lost earnings as economic damages. See ORS 31.710 for the measure of damages (ORS 31.710).
Future lost earnings fall under ORS 31.715 (ORS 31.715).
If your accident occurred on the job, workers’ compensation benefits are governed by ORS 656.210 (ORS 656.210).
Helpful Hints
- Save digital and physical copies of all wage-related documents immediately after your accident.
- Request missing records from your employer or payroll department without delay.
- Organize records chronologically to show clear timelines of earnings and losses.
- Keep a journal of missed workdays, including dates and reasons.
- Obtain medical reports early to forecast your return-to-work date.
- Review documents with an attorney to identify any gaps before filing your claim.