Detailed Answer
In Wisconsin, you can recover compensation for lost wages after a car accident if you show that your injuries directly caused you to miss work. Under Wis. Stat. a7 895.046(1)(a), economic loss includes “wages and earnings lost” due to injury.
Follow these steps to document and prove your lost wages:
1. Calculate Your Average Earnings
Gather pay stubs, employer time sheets, or direct deposit records from at least 4 weeks before the accident. For a part-time job, determine your average weekly hours and hourly rate:
- Sum total earnings over the period (e.g., $600 over 4 weeks).
- Divide by the number of weeks (e.g., $600 ÷ 4 = $150 weekly).
2. Obtain Employer Verification
Request a signed letter on company letterhead confirming your job title, hourly rate, average hours, and the dates you missed due to injury.
3. Preserve Medical Records
Keep treatment notes and work-restriction forms from your healthcare provider. These records link your inability to work directly to the accident.
4. Use Tax Documents for Backup
Include IRS Form W-2, 1099-NEC, or your most recent income tax returns. If you perform any freelance work, attach profit-and-loss statements.
5. Track All Missed Hours
Maintain a log or calendar listing each workday you missed and the hours lost. This log supports your calculation when you file an insurance claim or bring a lawsuit.
Helpful Hints
- Organize documents in chronological order and keep copies.
- Email or text your employer about missed shifts to create a written record.
- Get detailed medical reports explaining your work restrictions and recovery timeline.
- Note any partial shifts or modified duties accepted after the accident.
- Consider unreimbursed expenses, such as childcare costs when you couldn’t work.
- Before signing any insurance settlement, consult a licensed attorney for review.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance regarding your specific situation.