Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
Under Texas law, a lost-wage claim seeks compensation for income you could not earn because of an injury or covered event. Whether you pursue payment through insurance, a personal injury lawsuit, or workers’ compensation, you must present clear, organized records to prove your actual earnings before and after the incident. Below are the primary categories of documentation you’ll need:
1. Employer-Provided Payroll Records
- Pay stubs and wage statements: Copies of your last 4–6 weeks (or more) of pay stubs before the injury and any stubs you received during recovery.
- Employer letter: A signed letter on company letterhead verifying your job title, dates of employment, regular hours, and rate of pay.
- Timesheets or clock-in records: Proof of hours worked, overtime, bonuses or commission earnings.
2. Tax and Income Records
- W-2 forms: Federal W-2s for the past 2–3 years to establish average annual income.
- Individual tax returns: Complete 1040 returns and Schedules showing wages, tips and self-employment income.
- 1099 forms: If you received contract payments, include all 1099-MISC and 1099-NEC filings.
3. Documentation for Self-Employed Individuals
- Profit and loss statements: Monthly or quarterly P&L reports prepared by an accountant.
- Business bank statements: Transactions showing deposits and gross receipts.
- Tax schedules: Schedule C (sole proprietorship) or Schedule K-1 (partnerships) alongside your Form 1040.
4. Medical Records and Disability Reports
- Doctor’s notes: Documentation that you were medically unable to work, including date ranges.
- Disability benefit statements: Any state or private short-term or long-term disability payments you received.
5. Workers’ Compensation Documentation
If you file under Texas Workers’ Compensation, your lost-wage benefit rate is governed by Texas Labor Code §408.041, which provides for 70% of your average weekly earnings (up to the state maximum). See the statute here: Texas Labor Code §408.041.
6. Expert Reports and Affidavits
- Vocational expert report: If your injury affects future earning capacity, an expert can quantify projected lost income.
- Affidavits: Statements from supervisors, coworkers, or clients confirming your role, hours and pay structure.
Helpful Hints
- Organize documents chronologically and maintain both digital and paper copies.
- Request official wage verifications from your HR department early in the process.
- If you’re self-employed, engage an accountant to prepare formal financial statements.
- Keep a daily log of your work absence, noting dates you could not perform duties.
- Review insurance claim forms carefully and submit all requested attachments promptly.
- Consult with an attorney before settling to ensure you capture all past and future wage losses.