Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney about your specific situation.
Detailed Answer
To prove a lost-wage claim in Virginia, you must document both the amount and the time you were unable to work. Virginia law allows recovery of past and future lost earnings as part of personal injury damages (Va. Code § 8.01-34). If your injury arises from a workplace accident, you may also seek benefits under Virginia’s Workers’ Compensation Act (Va. Code § 65.2-500).
Key categories of records include:
- Pay Records: Recent pay stubs, W-2 forms and IRS transcripts to establish your regular earnings. These documents show gross wages, overtime, bonuses and commissions.
- Employer Verification: A signed letter from your employer confirming dates and hours missed, your job title and hourly or salary rate. Timesheets or punch-in/punch-out records also help prove lost hours.
- Tax Returns and Profit & Loss Statements: For self-employed individuals, provide business tax returns, profit & loss statements, balance sheets and client invoices to establish historic income.
- Medical Evidence: A doctor’s note or medical report stating the period you were unable to work due to injury. Without this, you cannot tie time off to your injuries.
- Future Earnings Documentation: If you claim future lost wages, gather employment contracts, performance reviews and promotion or raise records to support projected earnings. Expert testimony—such as a vocational expert—can also quantify future losses.
Once collected, you present these records to the insurer or opposing party. Keep originals in a safe place and provide certified or notarized copies. Organize documents chronologically and highlight key figures to streamline review and settlement negotiations.
Helpful Hints
- Request employer letters in writing and have them notarized to increase credibility.
- Keep a log or journal of missed workdays, noting dates and hours, to supplement official records.
- Obtain multiple years of tax returns to establish consistent earning patterns if self-employed.
- Ask your doctor to specify work restrictions and the exact return-to-work date.
- Consult a certified vocational expert early if you anticipate significant future wage losses.
- Store digital backups of all records in a secure cloud folder.