Detailed Answer

After a car crash or on-the-job accident in Virginia, you may pursue compensation for lost wages as part of your personal injury claim. To prove lost earnings, you must submit clear, reliable documentation showing what you earned before and after the accident and quantifying your time off work.

Key Records to Prove Lost Wages

• Pay stubs: Itemized pay stubs from before and after the accident establish your regular earnings and any reduction in hours. Keep originals or certified copies.
• W-2 Forms: Annual wage statements (W-2s) from your employer confirm year-to-date income. They help calculate average daily or weekly earnings.
• Form 1099s: If you’re an independent contractor, 1099-MISC or 1099-NEC forms demonstrate payment received for services rendered.
• Tax Returns: Personal or business tax returns (Form 1040 with Schedules C or E) support income claims for self-employed individuals.
• Time Records or Timesheets: Clock-in/clock-out logs or project logs show hours worked before the accident.
• Employer Statements: A letter or affidavit from your employer confirming your salary, benefits, and dates you missed work.
• Business Records Exception: Under Virginia’s hearsay exception (Va. Code § 8.01-390), properly maintained payroll and accounting records are admissible as evidence.

How to Obtain and Prepare These Records

1. Contact your employer’s payroll or human resources department for certified copies of pay stubs, W-2s, and timesheets.
2. Request 1099 forms from clients or companies you performed contract work for during the relevant period.
3. Order tax transcripts from the IRS or retrieve prior returns from your accountant.
4. Organize documents chronologically and highlight dates you missed work and amounts you would have earned.
5. Prepare a summary spreadsheet showing gross earnings per week or month and total your claimed lost wages.

Relevant Virginia Law

Virginia requires a personal injury plaintiff to prove actual monetary loss to recover lost wages. Courts look for objective records rather than testimony alone. Key statutes include:

• Va. Code § 8.01-243 (Statute of limitations on personal injury actions: two years from the date of accident).
• Va. Code § 8.01-390 (Business records exception to the hearsay rule).

Disclaimer

This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney licensed in Virginia to discuss your specific situation.

Helpful Hints

• Keep both digital and printed copies of every record.
• Request certified or notarized copies when possible to avoid authenticity challenges.
• Track unpaid leave, sick days, and vacation days separately to isolate lost wages.
• Get a professional in payroll or accounting to verify complex earnings calculations.
• Start gathering records immediately after your accident to avoid gaps or lost documents.