In North Carolina, you can claim lost wages for time you reasonably missed from work because of injury-related medical care, including ER visits and physical therapy. Calculate hours (or days) you missed due to treatment and multiply by your regular pay rate; include overtime or differentials you were likely to earn. For salaried or variable-income workers, use a reasonable average based on your pay records. You will need documentation from your employer and medical providers to support the time missed and why it was necessary.
North Carolina allows recovery of past lost wages caused by someone else’s negligence if you prove the time missed and the amount of pay with reasonable certainty. Time missed for ER and physical therapy counts when those appointments are reasonably necessary to diagnose and treat your injury. You prove this with medical records and a doctor’s note, and you prove the wage amount with paystubs and an employer verification letter. If you used PTO or sick leave for appointments, you may still claim the value of that time because you lost a benefit.
Medical necessity and causation: Your records should show the ER visit and PT were related to the accident and medically necessary. A brief doctor’s note tying the appointments to your neck/back injury helps.
Proof of time missed: Keep an appointment log and obtain an employer letter or timesheets confirming dates/times you were absent for treatment. If you left mid‑shift, note the hours.
Proof of pay rate: Provide recent paystubs or a wage verification showing hourly rate or salary, typical hours, shift differentials, and average overtime or commissions.
Reasonable calculation method: Use a simple, consistent method (examples below). Insurers look for clear math and records that match.
No double recovery: You cannot be paid twice for the same time. If disability insurance or your employer paid a wage replacement, note it; coordination rules can apply.
Collect medical proof: Get ER/clinic discharge papers and PT visit summaries. Ask your provider for a brief note stating the appointments were necessary for your accident‑related neck and back injuries.
Document missed work: Keep a treatment calendar. Ask your employer for a wage verification letter listing your job title, pay rate, typical schedule, and the dates/hours you missed (or used PTO) for medical care.
Calculate the loss:
Submit your claim: Send your demand to the at‑fault insurer with your calculation, pay records, employer letter, treatment calendar, and medical support.
Mind deadlines: Most North Carolina personal injury claims have a three‑year statute of limitations. Contract deadlines can be shorter for claims with your own insurer (UM/UIM or MedPay), so review your policy.
North Carolina General Statutes § 1‑52: Sets a three‑year limitation period for most personal injury claims, which typically includes claims for lost wages.
North Carolina Rules of Evidence (N.C.G.S. § 8C‑1): The business‑records rule allows payroll and attendance records to be admitted when properly supported, which is how you prove hours and pay with reasonable certainty.
North Carolina General Statutes § 8‑58.1: Lets medical bills serve as prima facie evidence of the reasonableness of medical charges, helping show your ER and PT were necessary and tied to the injury that caused your missed work.
Contributory negligence: North Carolina’s contributory negligence rule can bar recovery if you were even slightly at fault. This goes to whether you recover lost wages at all.
Insufficient proof: Claims often fail for lack of an employer letter, paystubs, or a doctor’s note linking the appointments to the injury. Align your documents by date and time.
Overstating time: Only claim time reasonably needed for treatment and travel. If you can schedule outside work hours without delaying care, do so and document when that wasn’t possible.
Ignoring PTO or variable income: Don’t forget the value of PTO used. For tips, commissions, or gig work, use a representative average; explain seasonality.
Deadlines and policy terms: Waiting too long can jeopardize your claim. Calendar the three‑year limit and any insurer notice requirements.
If you’re dealing with missed work for ER and physical therapy after a neck and back injury and want to calculate and prove your lost wages, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-313-2737.
Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney–client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.
