Short Answer

Yes. Under North Carolina personal injury law, you can usually claim lost wages for the time you missed work because of accident-related injuries, even if you had just started a new job. You may also be able to claim reduced earning ability (often called diminished earning capacity) if the injuries are likely to limit what you can earn going forward. The key is proving the time off (and any long-term limitation) was caused by the crash and documenting what you would have earned.

Understanding the Problem

In North Carolina, if you were hurt in a car wreck and your employer told you to stay home until you are physically stronger, you may wonder whether you can recover the pay you missed or whether the law also recognizes a longer-term drop in what you can earn. This question often comes up when someone starts a new job and then cannot work because of the injury, like when an arm injury keeps you from safely doing the job.

Apply the Law

In a North Carolina injury claim, lost wages are meant to repay you for income you likely would have earned if the crash had not happened. Reduced earning ability focuses on whether the injury changes your ability to earn money in the future, even if you eventually return to work. These are separate categories of damages, and they are usually proven with a mix of medical records, work records, and testimony from you and (when needed) your employer or medical provider.

Most car-wreck injury claims are handled as insurance claims first. If the claim must be filed as a lawsuit, it is typically filed in North Carolina state court in the county where the crash happened or where the defendant lives, and the general deadline for many personal injury lawsuits is three years from when the injury becomes apparent (often the date of the wreck).

Key Requirements

• Proof you missed work because of the injury: You generally need medical documentation (or other credible evidence) tying your time out of work to the crash-related condition, not just a preference to rest.
• Proof of what you would have earned: Pay rate, scheduled hours, start date, and any typical overtime or shift differentials should be documented so the number is not a guess.
• Reasonable connection between the crash and the wage loss: The wage loss must flow from the injuries, not from unrelated job issues (like a layoff or termination for reasons unrelated to the injury).
• Documentation of the employer’s instruction: A written note, email, or HR record showing the employer told you to stay home (and why) can help support causation and timing.
• Mitigation (reasonable efforts): If you can do lighter duty or return with restrictions, the insurer may argue you should do what is reasonable and medically appropriate rather than remain completely out of work.
• For reduced earning ability, evidence of lasting limits: You typically need medical support for ongoing restrictions and a clear explanation of how those restrictions affect the kind of work you can do and what you can earn.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three-year limitation period) - Sets a three-year limitations period for many personal injury actions and includes rules on when a claim accrues.
• N.C. Gen. Stat. § 1-139 (Burden of proof of contributory negligence) - Places the burden on the defendant to prove contributory negligence as a defense.
• N.C. Gen. Stat. § 8-58.1 (Evidence of medical charges) - Addresses how an injured person may testify about medical charges and related records; medical documentation often matters when wage loss is tied to treatment and restrictions.

Analysis

Apply the Rule to the Facts: Here, you report a concussion and fractures from a motor-vehicle crash and say your new employer told you to stay home until your arm is stronger. Those facts can support a lost-wage claim if you can document (1) when you were scheduled to work, (2) what you would have been paid, and (3) that your time off was connected to the crash-related injuries (ideally with medical restrictions or treatment records that match the time you missed). If your arm injury or concussion symptoms create lasting work limits, you may also have a reduced earning ability claim, but that usually requires clearer medical support showing ongoing restrictions and how they affect your future work options.

Process & Timing

1. Who documents: You (and often your employer and medical provider). Where: Usually through the at-fault driver’s insurance claim; if a lawsuit is needed, in North Carolina state court. What: Collect pay records (offer letter, pay rate, schedule), a written employer note/email about being told to stay home, and medical records showing diagnosis, treatment, and any work restrictions. When: Start gathering these items immediately after you miss work so dates and amounts are clear.
2. Wage verification: The insurer typically requests a wage verification form or letter from the employer confirming your position, rate of pay, hours, and dates missed. If you were brand new, the employer’s onboarding documents and schedule can be especially important.
3. Long-term earning ability evaluation (if needed): If restrictions continue, your medical provider may outline permanent or long-term limitations. In some cases, additional documentation is used to show how those limits affect the type of work you can do and what you can earn.

Exceptions & Pitfalls

• No medical support for time off: If your employer told you to stay home but your medical records do not reflect restrictions or ongoing symptoms, the insurer may argue the missed time was not medically necessary.
• “New job” documentation gaps: When you just started, there may be limited pay history. That does not automatically defeat the claim, but it makes written proof of your pay rate and expected hours more important.
• Contributory negligence arguments: North Carolina recognizes contributory negligence as a defense in many negligence cases. If the insurer argues you contributed to the crash, it may try to deny the claim entirely, so facts about how the wreck happened matter.
• Mixing up lost wages vs. reduced earning ability: Lost wages focus on past time missed; reduced earning ability focuses on future limitations. Treat them as separate issues with different proof needs.
• Not tracking dates precisely: Keep a simple timeline of the crash date, ER visit, follow-up appointments, dates you were told not to work, and dates you actually missed work.

Conclusion

Yes—under North Carolina law, you can usually claim lost wages if you missed work because crash injuries kept you from working, even if you had just started a new job, and you may also claim reduced earning ability if the injuries are likely to limit your future earnings. The practical key is proof: document your pay rate and scheduled hours, and connect the time off to medical treatment or restrictions. If you need to sue, file the lawsuit within three years under the applicable limitations period.

Talk to a Personal Injury Attorney

If you're dealing with missed work or concerns about your future ability to earn after a North Carolina car wreck, an attorney can help you gather the right medical and employment documentation and present the claim in a way insurers recognize. Reach out today to discuss your options and timelines.

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.