Lost earnings and lost earning capacity are often major elements of damages in personal injury and employment litigation. The vocational or economic expert needs data on wages and income for the injured party from several sources to  develop their opinions. Our white paper tells how to obtain information from government sources with the authorization of the injured party.

The experts should request and try to obtain several types of documents. No one type of document provides a complete profile of an individual. A broad request increases the odds of receiving some documents. Moreover, these documents provide an excellent roadmap for a later interview or deposition of the injured party.

RPC usually requests four types of documents concerning wages and income. We discuss each type of document and different ways to obtain them in our white paper available for download here.

Essential Sources of Data on Wages and Income

 

Social Security Earnings Statement

Any citizen or legal resident can download their Social Security Earnings Statements at no cost at www.ssa.gov. The SSES shows annual earnings reported to Social Security for the person’s lifetime. The injured party or the attorney must have certain data to verify identity when requesting the SSES. This document should be requested in the initial discovery requests. However, the Social Security Earnings Statement does not show wages by employer and therefore must be supplemented with details from employer personnel and payroll records.

Paycheck Stubs

Even one paycheck stub can provide a wealth of information that may include hourly rate of pay, hours worked and amounts deducted for 401(K) and insurance. A paycheck stub can also help counsel frame pay-related questions to the injured party when payroll and personnel records are unavailable.

Tax Returns

Personal and business tax returns should be requested at least five years prior to the injury and for all later years. Tax returns are not sufficient. The 1040 does not show how much the injured party earned if he or she filed with a spouse, nor does a W-2 alone give a clear picture of wages since the gross salary amount may not appear on the form. With authorization from the filer, tax information can be requested directly from the government.

Personnel Files

These include payroll records and personnel records which show dates of employment, wages, wage increases, hours worked, position changes, job descriptions, health problems, disciplinary actions and accommodations.  The names and addresses of all past employers should be requested in initial interrogatories. Records should be obtained from employers during at least the previous five years. 

Get the Sources of Data on Earnings and Work History white paper.

 

RPC provides a full array of economic damages services in personal injury cases for both plaintiff and defense attorneys. Our team includes life care planners, economists, a vocational expert, physicians and neuropsychologists. Our experts work together to create cohesive reports, while avoiding duplication of work and providing cost savings to attorneys. Contact us to discuss your case.