How do I document and claim lost wages after a personal injury in North Carolina?
Detailed Answer: Proving Lost Wages Under North Carolina Personal Injury Law
North Carolina allows injured people to recover economic damages, which include the income you could have earned but for the accident. Insurance adjusters and, if necessary, juries will not pay what they cannot verify, so thorough documentation is critical.
1. Understand What "Lost Wages" Covers
Past lost wages – the salary, hourly pay, tips, commissions, or bonuses you missed from the date of injury until settlement or trial.
Lost fringe benefits – sick leave, vacation days, pension contributions, and health-insurance premiums you had to pay out of pocket.
Future lost earning capacity – income you are reasonably certain to lose because of lasting impairments (often proved with a vocational or economic expert report).
North Carolina tort law recognizes all three categories as compensable damages. See N.C. Gen. Stat. Chapter 99B (general damages framework) and jury instruction N.C.P.I.—Civil 810.04 (economic loss).
2. Gather the Right Documents
Start collecting records as soon as your doctor restricts you from work:
Doctor’s work-restriction note – an insurer will not reimburse days off without medical justification.
Employer wage verification letter – ask HR or a supervisor to confirm dates missed, hourly rate or salary, and average weekly hours.
Pay stubs (at least 3–6 months before injury) – they show your normal earnings pattern.
W-2s or 1099s – support annual income if you lack regular pay stubs.
Tax returns – especially important if you are self-employed; include Schedule C, profit-and-loss statements, or invoices.
Timesheets or clock-in reports – prove exact hours missed.
Benefit statements – documents for lost vacation, sick leave, or retirement contributions.
Because these are business records, they are generally admissible in court under N.C. R. Evid. 803(6).
3. Calculate Your Losses
Multiply the number of work hours or days missed by your gross pay rate, then add lost overtime, bonuses, and benefits. Example:
200 hours missed × $25/hour = $5,000
Lost quarterly bonus = $750
401(k) match lost = $250
Total past lost wages = $6,000
For salaried employees, divide annual salary by 52 (weeks) or 260 (workdays) to get a weekly or daily rate. If your injury reduces future earning capacity, an economist may discount future wages to present value, as North Carolina law requires.
4. Present the Claim to the Insurer
Include the following in your settlement demand package:
Cover letter summarizing wage loss totals.
Medical records and doctor’s work-restriction notes.
Employer verification letter and pay documentation.
Spreadsheet showing day-by-day calculations.
If the case involves an auto accident, lost wages fall under the “bodily injury” coverage mandated by N.C. Gen. Stat. § 20-279.21. The adjuster may ask you to sign a wage-authorization release; review it with counsel before signing.
5. Beware of Key Deadlines
The three-year statute of limitations for most personal injury actions runs from the date of injury. See N.C. Gen. Stat. § 1-52(16).
An insurance policy may impose earlier notice requirements, so report the claim promptly.
6. Dealing With Disputes
If the insurer questions your numbers, you can strengthen the claim by:
Obtaining an independent medical examination (IME) to confirm work restrictions.
Submitting vocational-rehabilitation or economic-impact assessments (typically necessary for future wage loss).
Requesting coworker affidavits to verify overtime frequency or missed promotion opportunities.
Helpful Hints for Maximizing Your Lost-Wage Claim
Notify your employer in writing each time you miss work because of the injury.
Keep a daily diary describing pain levels, work restrictions, and tasks you could not perform.
Avoid posting about leisure activities on social media—insurers may use them to argue you could have worked.
Continue treating as prescribed; gaps in medical care undermine wage claims.
File taxes on time; a missing return can stall settlement negotiations.
Take the Next Step
Lost wages can make or break your personal injury settlement, but insurers rarely volunteer full compensation without solid proof. Our North Carolina personal-injury team has years of experience assembling bullet-proof wage-loss packages and negotiating top-value recoveries. Call us today at 919-313-2737 for a free, no-obligation case review and learn how we can help you get paid for every dollar you’ve lost.
