Why Wage-Loss Proof Matters in a North Carolina Injury Claim
“Lost wages” is not just a label—it is a damages category that has to be supported with evidence. Insurance carriers typically want to see two things:
- Time missed: the dates and hours you could not work because of the injury.
- Value of that time: what you would have earned during that period (or how your ability to earn was reduced).
If the carrier does not have that proof, it may still negotiate the claim, but it may treat wage loss as unproven and leave it out of the offer.
What Counts as “Proof” of Lost Wages (Common Options)
You do not always need one perfect document. Many claims are supported by a combination of items that tell a consistent story.
- Employer wage verification letter or form: Dates missed, rate of pay, typical hours, and whether you used sick/PTO time.
- Pay stubs: Before and after the incident to show your normal earnings and any drop.
- Work schedule/time records: Timesheets, clock-in/clock-out records, or attendance summaries.
- Doctor work-status notes (non-medical use): Notes showing you were taken out of work or placed on restrictions (the claim use is timing and restrictions, not treatment advice).
- Self-employed documentation: Tax returns (often multiple years), 1099s, profit-and-loss statements, invoices, and business records that show the income pattern before the injury.
A Practical Step-by-Step Path
- Pin down the dates: List the first day you missed work, the return-to-work date (if any), and any reduced-hours period.
- Ask your employer for a written verification: A short letter on company letterhead is often enough if it includes pay rate, typical hours, and time missed.
- Gather backup documents: Recent pay stubs, schedules, and any written work restrictions help confirm the numbers.
- Submit a clear wage-loss packet: Provide the documents together with a one-page summary so the adjuster can follow it.
- Be ready for follow-up questions: Carriers often ask whether missed time was unpaid, covered by PTO, or related to something other than the injury.
Common Issues That Can Reduce or Derail Wage-Loss Recovery
- No link between the injury and the time missed: If the file does not show why you were out (or why restrictions affected your job), the carrier may dispute causation.
- Gaps or inconsistencies: Returning to full duty quickly, then later claiming weeks of missed work, can raise questions unless it is well documented.
- Self-employment without records: Carriers often push back when income is not supported by objective business/tax documents.
- Mitigation arguments: In some cases, the defense may argue you could have reduced wage loss by using reasonable efforts consistent with your medical restrictions. These disputes are fact-specific.
- North Carolina contributory negligence: If the insurer claims you were even partly at fault, it may use that as leverage to deny or limit the claim. This is a major issue in NC and can affect all damages categories, including wage loss.
How This Applies
Apply to your facts: Here, the carrier said its offer was based on medical bills and health-insurance-related payments/reductions, and it noted that no wage-loss documentation was provided. That usually means the carrier is not valuing missed work time yet. If you can provide an employer verification (or, for self-employment, tax/business records) showing the dates missed and your pay rate, you may be able to ask the carrier to reevaluate the offer to include wage loss.
What the Statutes Say (Optional)
- N.C. Gen. Stat. § 1-52 – Provides a three-year limitations period for many personal injury actions (timing can vary by claim type, so confirm the correct deadline for your situation).
Conclusion
Not submitting wage-loss proof usually does not end your ability to claim lost wages, but it often leads the insurance carrier to leave wage loss out of its settlement evaluation. The fix is typically practical: document the dates missed and the amount you would have earned, then submit a clear packet (often an employer verification plus pay records). One next step: start gathering wage-loss documents now so you can present a complete, consistent request for reevaluation.
