Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation.
Detailed Answer
To support a lost-wage claim under South Carolina law, you must prove the income you earned before an incident and the earnings you lost because of an injury or illness. In personal injury cases, South Carolina courts require proof of lost earnings with reasonable certainty per SC Code §15-32-210. If your claim arises from a workplace injury, you may also seek benefits under the South Carolina Workers’ Compensation Act, which governs wage-loss benefits in SC Code §42-5-10.
Key Records You Need
- Pay stubs and earnings statements: Provide copies from at least six months before the incident to establish your average income.
- W-2 and 1099 forms: Federal income documents for the previous one to three years support annual earnings.
- Tax returns: Complete Form 1040 returns show supplemental income, self-employment profits, and deductions.
- Bank statements: Correlate deposits with paychecks or business receipts.
- Employer certification: A signed letter or affidavit confirming hire date, wage rate, typical hours, and missed work dates.
- Time sheets and logs: Clock-in records or digital timecards that document hours worked.
- Accounting records (if self-employed): Ledgers, invoices, receipts, profit-and-loss statements, and business bank statements.
- Medical records: Doctor’s notes or treatment records verifying work restrictions and the dates you couldn’t work.
- Personal wage-loss diary: A contemporaneous journal of missed workdays, reduced hours, and how the injury affected your ability to earn.
Collecting and organizing these records lets you calculate lost wages accurately. Courts and insurers rely on clear, objective evidence when evaluating your claim.
Helpful Hints
- Request multiple copies of pay stubs early; employers may not keep old records indefinitely.
- Keep a consistent format for any personal diaries or journals.
- Store digital files in a secure cloud folder and maintain a paper backup.
- Organize documents chronologically to streamline review by your attorney or the court.
- Consult an accountant if your income stems from self-employment or a complex business structure.
- Speak with a South Carolina attorney to ensure you’ve gathered all necessary documentation.