Understanding the Problem

In North Carolina, can you use a signed letter from your employer to prove lost wages in a personal injury claim when your employer will not fill out the lost-wages form your attorney sent, and you are trying to figure out what to submit and when? In your situation, you are having difficulty getting the employer to complete the standard form.

Apply the Law

In a North Carolina personal injury claim, “lost wages” (sometimes called wage loss) is typically part of the money damages you may seek when an injury keeps you from working or reduces your ability to earn during recovery. There is no single required statewide “lost-wages form” for all injury claims. Instead, the practical goal is to provide reliable proof of (1) the time you missed and (2) what you would have earned during that time.

Most insurance adjusters prefer a standardized wage verification form because it prompts the employer to provide the key facts in a consistent format. But if the employer will not complete the form, a signed employer letter can still be useful evidence—especially when it is detailed, internally consistent, and supported by payroll records. Your attorney can then package that information for the insurer (or, if needed, for a lawsuit).

Key Requirements

• Clear employer identification: The letter should identify the employer and the person writing it (name, title/role, and contact information), so the insurer can verify it.
• Employment and pay details: It should state your job status (full-time/part-time), rate of pay (hourly/salary), and typical schedule or hours.
• Specific dates missed: It should list the exact dates (or date range) you were out of work and whether you returned with restrictions or reduced hours.
• What was actually lost: It should explain what pay was not received (regular wages, overtime, bonuses/commissions if applicable) and whether any sick/vacation/PTO was used.
• Signature and authenticity: A dated signature is important. Letterhead is helpful, but a verifiable employer email domain and contact number can also support authenticity.
• Consistency with other records: The letter should match pay stubs, time records, and any leave records to avoid delays or disputes.

What the Statutes Say

• N.C. Gen. Stat. § 95-25.22 (Recovery of unpaid wages) - Addresses lawsuits for unpaid wages under North Carolina wage laws; it is not a “lost wages in an injury claim” statute, but it shows the State’s focus on documenting and recovering wage amounts owed.

Note: For most personal injury (auto/premises) claims, lost-wage documentation is handled through insurance claim practice and evidence rules rather than a single statute that dictates one mandatory form. If your claim is actually a workers’ compensation claim, different rules and Industrial Commission procedures may apply.

Analysis

Apply the Rule to the Facts: Because you are having trouble getting the employer to complete the standard lost-wages form, a signed employer letter can be a practical substitute if it covers the same core information: your pay rate, the dates you missed, and what income you did not receive. The more specific the letter is, the easier it is for your attorney to present a clean wage-loss claim to the insurer. If the letter is vague (for example, it just says you “missed work”), the insurer may ask for follow-up documents and your claim may slow down.

Process & Timing

1. Who files: You (through your attorney). Where: To your attorney’s office for review and then to the insurance adjuster handling the bodily injury claim. What: The signed employer letter plus supporting payroll documents (commonly recent pay stubs and any time/leave records you can access). When: Send it as soon as you have it—ideally before your attorney makes a settlement demand or any formal wage-loss submission.
2. Attorney review and follow-up: Your attorney may ask for a revised letter if key details are missing (dates, rate of pay, whether PTO was used), or may request pay stubs/W-2s to backstop the numbers. This step can take days to a couple of weeks depending on employer responsiveness.
3. Submission and negotiation: Once the documentation is complete, your attorney typically submits it with the injury claim materials. The insurer may accept it, request clarification, or ask for additional proof (for example, a payroll printout). Your attorney then uses the documentation to support the wage-loss portion of the claim.

Exceptions & Pitfalls

• Too little detail: Letters that do not list exact missed dates, pay rate, and whether PTO was used often trigger insurer pushback.
• PTO and “lost” wages: If you used sick leave or vacation to stay paid, the insurer may argue you did not lose wages in the same way. Your attorney may still present the time used as part of the overall claim, but it needs to be documented clearly.
• Variable income: Overtime, commissions, tips, and seasonal hours usually require extra backup (multiple pay stubs, year-to-date totals, or prior-period averages) so the claim is not based on guesswork.
• Return-to-work restrictions: If you returned but worked fewer hours or different duties, the letter should separate “time completely missed” from “reduced earnings after return.”
• Authentication issues: If the insurer cannot verify who signed the letter, it may demand a form, a payroll record, or a direct employer confirmation.

You may also find these related resources helpful: other documents that can support missed work and lost pay and when to send an employer letter or other wage-loss proof.

Conclusion

Yes—many North Carolina personal injury claims can use a signed employer letter instead of a standard lost-wages form, as long as the letter clearly states your pay rate, the exact dates you missed, and what income you did not receive (including whether PTO was used). The most important next step is to send the signed letter (and any pay stubs you have) to your attorney as soon as you receive it so it can be reviewed and submitted before any demand or filing deadline.