Disclaimer: This article provides general information only. It does not offer legal advice. Consult an attorney about your specific situation.
Detailed Answer
In Wisconsin, you must gather clear, verifiable records to prove a lost-wage claim in personal injury or workers’ compensation cases. Courts and insurers look for documentation that shows your pre-injury earnings and your post-injury wage loss. Here are the key documents you should collect:
- Pay stubs and payroll records: Obtain all pay stubs for at least six months before your injury and the period following it. These establish your average weekly or monthly earnings.
- W-2 forms and tax returns: Your federal W-2 forms and personal tax returns (IRS Form 1040) for the past one to two years help confirm annual income and any bonuses or overtime.
- Employer statement: Request a signed letter from your employer verifying your position, hire date, pay rate, hours worked, and the dates you missed due to injury.
- Timesheets or timecards: If you track hours daily, provide copies of timecards, clock-in records, or electronic timesheet reports.
- Bank statements and direct deposit records: These show when you received payments and help confirm any unpaid wages.
- Invoices and ledgers (self-employed): If you own a business or freelance, present client invoices, profit-and-loss statements, business bank statements, and accounting ledgers.
- Work restriction notes: Include medical records or physician notes (e.g., FMLA paperwork) that describe work capacity limits and the dates you could not work.
- Correspondence with insurers: Keep letters, emails, or online claim status reports related to your wage-loss benefits.
Wisconsin courts allow discovery of these records under Wis. Stat. § 805.16. You can request payroll documents, tax filings, and other business records from the opposing party or third parties. For workers’ compensation wage-loss benefits, see Wis. Stat. § 102.47, which outlines the procedure for weekly benefit payments and proof requirements. (https://docs.legis.wisconsin.gov/statutes/statutes/102/47)
Helpful Hints
- Organize records chronologically. A clear timeline helps a judge or adjuster track your lost earnings.
- Keep originals safe. Provide copies for a claim file, but store originals in a secure place.
- Use a spreadsheet. Summarize total lost hours, rates, and estimated wage loss to simplify review.
- Document partial work. If you returned on light duty, record hours worked and the difference from your usual schedule.
- Maintain a diary. Note each day you miss work, appointment times, and any lost tips or commissions.
- Check for statutory deadlines. You typically must file a personal injury suit within three years under Wis. Stat. § 893.53 (https://docs.legis.wisconsin.gov/statutes/statutes/893/53).
- Consult your payroll department early. Ask how to request duplicate stubs or W-2 copies to avoid delays.