Visitor Question

How does self-employed person verify proof of lost wages?

Submitted By: Anonymous (USA)

I was in an accident in January. I made $500/week as a nanny/babysitter prior to the accident.

I was wondering if I can still show proof of my earnings prior to the accident if I do not have tax returns. I have checks, records of my schedule each week, and letters from clients.

Also, do I have to show proof of what I was making after my accident? I have worked a little bit and mad an average of $100/week since. How do I substantiate all this so I don’t get an argument from the insurance company? Thank you for your help.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

Having tax returns is not a legal requirement for you to be fairly compensated for your injuries. Presuming the other driver was at-fault, your injury claim should not only be for your lost wages, but for your injuries and other damages.

You are entitled to lost wages for the time you were unable to work as a direct result of the accident. To prove the the amounts of wage losses, ask your employer (who you were working for as a nanny) to write a letter verifying how much you were being paid at the time of the accident.

Also ask your employer to state that “but for” the accident you would still have been employed as their nanny, and the amounts you would have been paid. It would also be helpful for your employer to state but for the accident and your resulting injuries and treatment you would still have been employed at the rate of $500.00 dollars weekly.

Be sure your employer dates and signs the letter, and that he (or she) leaves contact information. While it is not a legal requirement, you can also have your employer’s signature notarized. Having previous checks and records of your schedule will also help to substantiate your claim.

In addition to your wage verification you will need medical bills, and a medical narrative from you doctor stating what your injuries were, and the type and duration of your treatment and recovery.

With the above information in hand, you will be in a strong position to begin negotiating a settlement with the insurance company.

Learn more here: Claiming Lost Wages After Injury

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.

Find a local attorney to give you a free case review here, or call 888-972-0892.

We wish you the best with your claim,

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