Understanding the Problem

If you were hurt in North Carolina and you’re taken out of work after a slip and fall, you may be asking: can you make the property owner (or another responsible party) pay you back for the paychecks you missed? This question usually turns on whether the injured person can show the fall was caused by unsafe conditions and that a doctor’s restrictions (not just discomfort) kept them from working. Here, one key fact is that the fall happened on a wet floor near the entrance with no warning signs posted.

Apply the Law

In a North Carolina slip-and-fall case, lost wages are typically claimed as part of compensatory damages in a negligence lawsuit. To recover them, the injured person must prove (1) the defendant was negligent (for example, by failing to use reasonable care to keep the premises reasonably safe or to warn of a hazard), (2) that negligence caused the injury, and (3) the injury caused actual wage loss (time missed from work or reduced ability to earn). The claim is usually filed in North Carolina state court (Superior Court or District Court, depending on the amount in dispute), and most personal injury lawsuits must be filed within three years.

Key Requirements

• Negligence (fault): You must show the responsible party failed to use reasonable care under the circumstances (for example, allowing a wet, slippery entrance area without reasonable safety steps).
• Causation: You must connect the unsafe condition to the fall and connect the fall to the injury that kept you from working.
• Documented time off work: You need proof you missed work (or had reduced hours/duties) because of the injury, not for unrelated reasons.
• Medical support for work restrictions: Records from urgent care or a follow-up provider should reflect the diagnosis, restrictions, and how long you were advised to stay out or limit duties.
• Proof of wage loss amount: Pay stubs, W-2/1099 records, employer attendance/payroll records, or other reliable documentation should show what you would have earned versus what you actually earned.
• Reasonable steps to limit losses: If you can do light duty or return with restrictions, you generally must act reasonably; avoidable wage loss can be challenged.
• No contributory negligence that bars the claim: If the defense proves the injured person’s own lack of reasonable care contributed to the fall, recovery can be barred under North Carolina law.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three-year statute of limitations) - sets a three-year deadline for many personal injury actions.
• N.C. Gen. Stat. § 1-139 (Burden of proof of contributory negligence) - places the burden on the party asserting contributory negligence to prove it.
• N.C. Gen. Stat. § 52-4 (Earnings and damages) - confirms an injured person can recover damages for personal injuries and related earnings in their own name.

Analysis

Apply the Rule to the Facts: A wet floor at a store entrance with no warning signs can support an argument that the premises were not kept reasonably safe or that a warning should have been provided. The wrist injury and urgent care visit help connect the fall to a medical condition that could limit work, especially if the medical records include restrictions (like no lifting, no repetitive use, or time off). To recover lost wages, the injured person will still need wage documentation and a clear link between the missed work and the injury-related restrictions.

Process & Timing

1. Who files: The injured person (plaintiff). Where: North Carolina state court in the county where the fall happened or where the defendant can be sued. What: A civil complaint alleging negligence and requesting damages including lost wages (there is not one universal statewide “lost wages form” for court filings). When: In most cases, file within 3 years of when the injury became apparent (often the date of the fall).
2. Build proof while treatment is ongoing: Ask the treating provider to document work status (out of work vs. light duty), restrictions, and expected duration; keep all work notes. Collect pay stubs, schedules, and employer payroll/attendance records showing the exact dates and hours missed.
3. Resolution: Lost wages are commonly resolved through settlement negotiations with the insurer or, if needed, proven at trial through medical records and wage evidence (sometimes including employer testimony or a written wage verification).

Exceptions & Pitfalls

• Contributory negligence: North Carolina’s rule can bar recovery if the defense proves the injured person failed to use reasonable care (for example, ignoring an obvious hazard). These arguments are very fact-specific.
• No medical “off work” support: If there is no provider documentation tying missed work to the injury (or if the note is vague), insurers often dispute whether the time off was necessary.
• Using the wrong wage number: Lost wages usually focus on what you actually lost (net time missed, sick/PTO use issues, variable hours, tips/commissions). Clean payroll records help avoid disputes.
• Gaps in treatment: Long delays in follow-up care can make it harder to connect ongoing missed work to the fall-related injury.
• Light-duty issues: If suitable restricted work was available and the injured person unreasonably refused it, the defense may argue the wage loss was avoidable.
• Mixing up workers’ compensation vs. third-party claims: If the fall happened while working, workers’ compensation rules may apply and the wage-loss calculation can differ from a negligence claim.

Conclusion

In North Carolina, an injured person can recover lost wages after a slip and fall if they can prove the property owner (or another responsible party) was negligent, that negligence caused the injury, and the injury caused documented time missed from work. The most important proof is a clear medical work restriction and reliable wage records showing what was actually lost. As a next step, preserve your wage documentation and medical work notes and consider filing a lawsuit within three years if the claim does not resolve.