Detailed Answer: Essential Records for a Lost Wage Claim in Vermont
To recover lost wages after an accident, you must prove your actual income loss under Vermont law. Accurate employment records help you meet the burden of proof in settlement negotiations or court. Key documents include:
- Pay stubs: Show gross and net earnings, hours worked, overtime, and deductions before and after the accident.
- W-2 forms: Confirm total annual wages and tax withholdings for each prior year.
- 1099 forms: Establish non-employee or contract income if you work as an independent contractor.
- Federal and state tax returns: Support self-employment income, business deductions, and net earnings.
- Profit-and-loss statements: Detail your net income if you own a business or run a side gig.
- Employer statements: A letter or affidavit from your employer confirming missed hours, pay rate, and any make-up work offered.
- Timesheets and scheduling records: Compare scheduled vs. missed shifts for hourly employees.
- Bank statements: Verify direct deposit payments and illustrate payment history.
Vermont’s hearsay rules allow business records as an exception. Under 12 V.S.A. § 1030(6) Business records exception, courts may admit these documents if you show they were made in the regular course of business at or near the time of the event. To authenticate them, use Vermont Rules of Evidence, Rule 902(11), for self-authenticating certified business records.
Organize your records to compare pre-accident and post-accident earnings. Highlight any reduction in hours, lost overtime, or diminished bonuses. Present your evidence clearly during discovery or settlement discussions.
Disclaimer: This article provides general information about Vermont law and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Helpful Hints
- Gather records promptly while details remain fresh.
- Keep originals and prepare certified copies for court filings.
- Submit a formal wage-history request if your employer delays production.
- Work with an accountant if you are self-employed to summarize net earnings.
- Label each document clearly and include a table of contents.
- Create a summary chart outlining pre-accident vs. post-accident earnings.
- Review Vermont Rules of Civil Procedure for relevant discovery deadlines.