Disclaimer: This article provides general information and is not legal advice.
Detailed Answer
After a personal injury in Wisconsin, you can recover lost wages as special damages. To document and claim these earnings accurately, follow these steps:
1. Understand the Time Limit
Under Wis. Stat. § 893.54(3-year limitation), you must file your lawsuit within three years of the injury. Gathering wage records early prevents delays.
2. Gather Employment Records
- Collect pay stubs, W-2 forms, and tax returns showing gross income before and after the injury.
- Request an employer affidavit or letter verifying your standard work schedule, hourly rate or salary, overtime, bonuses, and benefits.
- Keep copies of timesheets, direct deposit records, or payroll ledgers that detail hours worked.
3. Calculate Past Lost Earnings
Subtract the income you actually earned after the injury from the income you would have earned if uninjured. Include:
- Regular wages or salary.
- Overtime pay and shift differentials.
- Bonuses, commissions, and tips.
- Value of fringe benefits related to your employment (e.g., retirement contributions).
4. Estimate Future Lost Earnings
If your injury causes ongoing work restrictions, you may claim future lost wages. To support this:
- Obtain a medical report outlining functional limitations and duration of recovery.
- Retain a vocational expert or economic consultant to project your future earning capacity.
5. Document Medical Restrictions
Attach medical records and doctor’s notes that explain why you could not return to work or why you had to reduce hours. Clear medical documentation strengthens your claim.
6. Present Your Claim
In your demand letter or complaint, itemize each category of lost wages—past and future—with supporting documents. Label exhibits clearly (e.g., Exhibit A: Employer Letter; Exhibit B: Pay Stubs).
7. Negotiate or Litigate
Your attorney or claims adjuster will review the compiled wage loss summary. In negotiations, a well-organized claim often leads to higher settlement offers. If settlement fails, your records form the backbone of trial evidence.
Helpful Hints
- Keep originals of all documents; send certified copies in legal filings.
- Track hours missed and partial days worked in a daily journal.
- Update your lost-wage calculation if your condition improves or worsens.
- Preserve email correspondence with your employer regarding time off.
- Consult a vocational expert early if you anticipate long-term disability.