Detailed Answer: Records Needed to Support a Lost Wage Claim in Tennessee

After an accident in Tennessee, you can recover lost wages as part of your personal injury claim. To prove your lost earnings, gather documentation that details your income before and after the accident.

1. Pay Stubs

Pay stubs show your regular earnings, hourly rate or salary, hours worked per pay period, and deductions. Collect pay stubs from at least six months before the accident through the date you anticipate returning to work. This establishes a baseline of your average income and the extent of lost earnings.

2. W-2 Forms

W-2 forms confirm your annual earnings and tax withholdings. These statements help establish your year-to-date and year-over-year income trends. Include W-2s for the past two to three years to demonstrate stability or growth in your earnings.

3. 1099 Forms

If you performed contract or freelance work, use 1099 forms to prove self-employment or independent contractor earnings. Provide 1099-MISC or 1099-NEC forms covering the previous two to three years, along with bank statements showing deposits.

4. Tax Returns

Personal or business tax returns (Form 1040, Schedule C, or corporate returns) offer comprehensive evidence of income, expenses, and net profits. Tax returns are especially valuable for self-employed individuals or business owners.

5. Employer Letter or Affidavit

Ask your employer to prepare a signed letter or affidavit confirming your position, pay rate, normal hours, and dates missed due to the accident. This document can corroborate your payroll records.

6. Time Sheets and Work Schedules

Time sheets, digital clock-ins, or scheduling software records further verify the hours you normally worked. These details help calculate precise lost wages for hourly employees.

7. Profit & Loss Statements

Self-employed individuals and business owners should supply annual or quarterly profit & loss statements. These statements, prepared by an accountant, illustrate actual earnings and losses related to the period you couldn’t work.

Legal Basis

Under Tennessee law, victims may recover compensation for lost wages as part of general damages. See Tennessee Code Annotated § 29-39-104 for general damages including loss of ability to labor (TCA § 29-39-104).

Documentary evidence must demonstrate the amount of income lost due to your injury. Accurate records streamline negotiations and settlement calculations with insurers or the court.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.

Helpful Hints

• Organize documents chronologically to show a clear income history.
• Request digital or paper copies from your employer’s payroll department if you’re missing records.
• Keep backups of electronic records, such as scanned pay stubs and tax returns.
• Maintain a journal detailing missed work dates, doctor’s appointments, and communication with your employer.
• Provide copies of all records to your attorney or insurer to speed up the review process.