This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
To recover lost wage damages after an accident in Utah, you must prove the income you would have earned had you not been injured. Under Utah Code § 78B-5-815, courts allow recovery for past and future lost earnings. Accurate records form the backbone of your lost wage claim.
Key Documents to Gather
- W-2 Forms: Annual wage statements from employers that show gross wages, tax withholdings, and year-end totals.
- Pay Stubs: Recent pay stubs (typically 12 to 26 weeks before and after the accident) to demonstrate your regular pay periods, overtime, and deductions.
- 1099 Forms: If you work as an independent contractor or freelancer, 1099-MISC or 1099-NEC forms document nonemployee compensation.
- Tax Returns: Federal (Form 1040) and state tax returns for the past two to three years help verify fluctuations in income.
- Employment Verification Letter: A written statement from your employer listing hire date, job title, pay rate, hours worked, and expected return-to-work date.
- Time Records or Logs: Daily or weekly logs showing hours worked, sales figures, or production metrics, especially for commission-based or hourly employees.
- Business Records: For self-employed individuals or small business owners, profit-and-loss statements, invoices, bank statements, and bookkeeping records illustrate gross receipts and net income.
Why These Records Matter
Court-approved damages hinge on reliable proof. W-2s and pay stubs establish a baseline of regular earnings. 1099s and tax returns capture variations in contractor or business income. Employment letters and time logs reinforce consistency and credibility.
How to Obtain Missing Documents
- Request copies from past or current employers under Utah’s record-keeping requirements.
- Access IRS transcripts online at IRS Get Transcript for W-2 and 1099 data.
- Contact your accountant or bookkeeper if you run a business or freelance.
- Use pay-stub apps or payroll portals to download historical pay records.
Helpful Hints
- Keep digital backups of all wage records in a secure folder.
- Update your records weekly to avoid gaps.
- Track vacation, sick leave, and holiday pay separately if your employer provides these benefits.
- Document any changes to your job role or pay rate in writing.
- Consult a personal injury attorney early to verify which records best support future earnings claims.