Short Answer

Yes. In North Carolina, you can recover lost wages if you prove your injury from the slip and fall caused you to miss work and show the amount of pay you lost with reasonable certainty. You typically do this with a doctor’s written work restrictions or out-of-work note and employer payroll records (pay stubs, wage verification, schedules, or tax forms). If your doctor clears you for light duty, you must try to work within those limits or explain why you could not.

Understanding the Problem

You want to know if North Carolina law lets you claim lost wages when your doctor keeps you out of work after a slip and fall, and what proof you need. The key decision point is whether you can show, in North Carolina, that the injury prevented you from working and how much income you actually lost. Here, the injury is to the right arm; the role is the injured person; the relief is lost wages; and timing turns on when the doctor restricted you and how long you were out.

Apply the Law

In North Carolina personal injury cases, lost wages are part of damages. You must show: (1) the fall caused an injury; (2) a health-care provider took you out of work or set restrictions you reasonably followed; and (3) the amount of pay you missed can be calculated with reasonable certainty from records. The claim is usually first presented to the at-fault property owner’s insurer; if not resolved, you file a civil lawsuit in the county where the fall occurred, through the Clerk of Superior Court. Most injury claims must be filed within a limited period; confirm your deadline.

Key Requirements

• Causation by medical proof: A written work note or restriction from your treating provider tying your time off to the fall.
• Actual time missed: Dates and hours you could not work, shown by schedules, timecards, or attendance reports.
• Pay amount with records: Pay stubs, direct-deposit statements, W-2/1099s, or an employer wage letter showing rate, average hours, and overtime.
• Reasonable certainty, not estimates: Consistent documentation for overtime, tips, commissions, or shift differentials.
• Mitigation: If cleared for light duty, try to work within restrictions or document why no suitable work was available.
• Self-employed/gig proof: Invoices, contracts, profit-and-loss statements, and bank deposits to show lost earnings.

What the Statutes Say

• North Carolina Rules of Evidence, Rule 803(6) (Business records) - Payroll and medical records can be admitted as business records when properly supported.
• North Carolina Rules of Evidence, Rule 701 (Lay opinion) - A person may give lay testimony based on personal knowledge (for example, hours missed and usual pay).

Analysis

Apply the Rule to the Facts: After a slip and fall injured your right arm, you saw urgent care, your primary care provider, and an orthopedic doctor. If one of those providers issued written work restrictions or took you fully out of work, that supports causation. Gather employer pay stubs and a wage letter to show your rate and missed hours; if you had variable hours or overtime, include several months before the fall to show your average.

Process & Timing

1. Who files: You (or your attorney). Where: Start by presenting a claim to the property owner’s liability insurer; if unresolved, file a civil Complaint with the Clerk of Superior Court in the county where the fall occurred. What: Demand package with doctor’s work note, pay stubs/W-2 or 1099, employer wage verification, schedules/timecards, and bank or deposit records if needed. For a lawsuit, file a Complaint and a Civil Summons. When: Send the demand once you can document the missed work; file suit before the statute of limitations.
2. Insurer/court response: Insurers often take several weeks to evaluate wage documentation. If you file suit, the defendant typically has around 30 days after service to respond, subject to extensions under the civil rules.
3. Resolution: If settled, you sign a release and the insurer issues payment. If litigated, the court enters a judgment or the case resolves at mediation.

Exceptions & Pitfalls

• No written work note: Without a provider’s written restriction, it’s hard to link time off to the fall.
• Light-duty available: If you decline suitable light duty, the insurer may argue you failed to mitigate wage loss.
• Variable income not documented: Overtime, tips, commissions, and gig income need historical records to show a consistent pattern.
• Self-employed gaps: Support claims with invoices, client emails, bank deposits, and prior-year tax returns.
• PTO and sick leave: Track any paid time you were forced to use; you can claim the value of those benefits as part of your loss.
• Gaps in care: Long breaks in treatment can weaken the connection between the injury and time off.

Talk to a Personal Injury Attorney

If you're dealing with time off work after a slip and fall and need to document lost wages, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today.

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.