Short Answer

Yes. In North Carolina, lost wages reasonably caused by your injuries are recoverable in a personal injury settlement. You must prove the other driver’s fault, show that your medical restrictions caused time off, and document the amount of income you lost. Because you were driving for work, your workers’ compensation carrier has a lien on any third‑party recovery, and you cannot double collect; in some cases a judge can reduce that lien.

Understanding the Problem

You want to know if you can recover the pay you lost while receiving treatment after a crash in North Carolina. You were driving a company vehicle and missed work due to emergency care and follow‑up physical therapy. The core issue is: can you include those lost wages in a liability claim against the at‑fault driver while a workers’ compensation claim is also pending?

Apply the Law

Under North Carolina law, lost wages and loss of earning capacity are part of compensatory damages in a negligence claim. To recover them, you must establish liability (the other driver’s negligence), causation (the crash and medical restrictions caused you to miss work), and the amount of loss (pay records and similar proof). If you were working at the time, you may receive workers’ compensation wage benefits; any third‑party settlement must account for the workers’ compensation lien, and you cannot recover the same wage loss twice. North Carolina also follows pure contributory negligence—any fault on you that contributes to the crash can bar recovery—so liability proof matters. Personal injury cases are filed in District Court or Superior Court, and most negligence claims must be filed within three years of the crash.

Key Requirements

• Liability: The at‑fault driver’s negligence caused the crash.
• Causation for time off: Your doctor’s restrictions or treatment schedule required you to miss work.
• Proof of amount: Pay stubs, employer verification, tax records, and calendars show what you would have earned.
• No double recovery: Workers’ compensation wage benefits are credited; the comp carrier has a lien on your third‑party recovery.
• Timely filing: File the lawsuit within the general three‑year limitations period for negligence.
• Contributory negligence risk: Any contributory fault by you can defeat recovery, so evidence preservation is important.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Limitations of actions—three years) - Most negligence actions, including personal injury, must be filed within three years; discovery rules may apply in limited circumstances.
• N.C. Gen. Stat. § 97-10.2 (Workers’ compensation and third-party claims) - Employer/insurer lien on third‑party recoveries; consent or court approval for settlements; potential lien reduction by a judge.
• N.C. Gen. Stat. § 97-29 (Compensation rates) - Workers’ compensation wage replacement benefits that may overlap with claimed wage losses in a third‑party case.

Analysis

Apply the Rule to the Facts: You were in a company vehicle when another driver T‑boned you, leading to emergency care, therapy, and missed work. If the other driver is found negligent and your doctors placed you on work restrictions, your wage loss tied to those restrictions is recoverable—subject to proof. Because you have a workers’ compensation claim, your comp carrier has a lien on any third‑party settlement; you cannot recover the same wages twice, but a judge can reduce the lien in the right circumstances. File within the general three‑year deadline.

Process & Timing

1. Who files: The injured person. Where: Civil District Court (smaller cases) or Superior Court (typically claims over $25,000) via the Clerk of Superior Court in the proper county. What: Civil Complaint and Civil Summons (AOC‑CV‑100). When: Generally within three years of the crash.
2. Serve the defendant under North Carolina Rule 4 after the clerk issues the summons. Claims often proceed with insurance negotiations, discovery, and mediation; timing varies by county and case complexity.
3. For settlement: coordinate with the workers’ compensation carrier. Obtain written lien consent or seek Superior Court approval (and, when warranted, a lien reduction). After resolution, disburse funds consistent with any lien or court order.

Exceptions & Pitfalls

• Contributory negligence: any fault on you that contributes to the crash can bar recovery—preserve evidence (photos, witnesses, downloads) early.
• Workers’ comp lien traps: do not settle the third‑party claim without the carrier’s written consent or court approval; coordinate benefits to avoid double recovery.
• Incomplete proof: missing doctor notes linking time off to the injury, relying on gross receipts instead of net income if self‑employed, or overlooking overtime/bonuses can undercut wage claims.
• Release issues: avoid signing a broad release that waives wage claims or underinsured motorist rights before you verify all losses and liens.

Talk to a Personal Injury Attorney

If you're dealing with missed paychecks after a North Carolina crash and need to coordinate a personal injury claim with workers’ compensation, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

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.