What records are needed to support a lost-wage claim?
What Records Are Needed to Support a Lost-Wage Claim in North Carolina?
1. Detailed Answer
To recover lost wages after a car crash, slip-and-fall, or any other personal injury in North Carolina, you must present proof that is reliable, complete, and tied directly to the time you could not work because of the accident. Insurance adjusters and, if necessary, juries want documentation— not estimates. Below is a roadmap of the records that usually satisfy that requirement under North Carolina law.
A. Core Employment Records
Recent Pay Stubs – Gather at least the last 3–6 months before the injury and every pay stub after the injury showing zero or reduced income. These show your regular earnings pattern.
Employer Wage-Verification Letter – A letter on company letterhead that confirms your job title, pay rate, typical hours, overtime practices, bonuses, commission structure, and the exact dates you missed work. An HR representative or payroll officer should sign it.
Timesheets & Scheduling Logs – Clock-in/out reports, shift schedules, or electronic time-tracking data corroborate the actual hours you lost.
W-2s or 1099s – Prior year forms establish historical income trends; they are especially useful if you worked irregular hours.
Tax Returns – Form 1040 (with Schedule C for self-employed workers) supports wage, bonus, and self-employment income not reflected on standard pay stubs.
B. Medical & Legal Records That Link the Wage Loss to the Injury
Doctor’s Work-Restriction Notes – Written instructions stating you must remain out of work or on limited duty. These notes connect the dots between the accident and your inability to earn income.
Follow-Up Visit Summaries – Progress reports that extend or lift restrictions, proving exactly when you were cleared to return.
Prescription Records – Medication instructions (e.g., narcotics) that legally prevent you from operating machinery or vehicles, bolstering your inability to work safely.
C. Business Records for the Self-Employed
Profit-and-Loss Statements – Monthly or quarterly P&L reports prepared through bookkeeping software or an accountant.
Client Invoices & Accounts Receivable – Show canceled or delayed projects.
Bank Statements – Demonstrate drops in deposits for the injury period.
Prior Year Tax Returns – Establish the normal earning baseline.
D. Statutory & Evidentiary Foundations
Documents must be admissible if the case heads to trial. In North Carolina, regularly kept business records fall under the N.C. Rule of Evidence 803(6) business-records exception, meaning certified payroll and medical records can be introduced without live testimony as long as they are:
Made at or near the time of the event,
Kept in the regular course of business, and
Authenticated by a custodian or qualified witness.
Your attorney will typically request a certification from the record custodian to satisfy these requirements.
E. Hypothetical Example
Imagine Sarah, a Durham bartender earning $900/week, breaks her wrist in a rear-end collision. Her doctor forbids lifting drink trays for six weeks. Sarah submits:
Pay stubs for the three months before the crash
An HR letter confirming missed shifts (totaling 240 hours)
Doctor’s note ordering no work from July 1–Aug 12
Bank statements showing sharply reduced tip deposits
Using the above, Sarah’s lawyer multiplies $900/week by six weeks to claim $5,400 in lost wages. Because each document satisfies Rule 803(6), the insurer has little room to dispute the amount.
2. Helpful Hints
Request payroll and HR letters early. Employers get busy and may take weeks to respond.
Keep a daily log of missed hours, cancelled jobs, and lost tips or commissions.
Save every doctor’s note— even if you think it is minor. It proves causation.
Self-employed? Have your accountant prepare monthly P&L statements to reduce insurer skepticism.
Do not post on social media about side gigs or vacations while claiming you cannot work; insurers monitor online activity.
Talk with a North Carolina personal injury attorney before sending originals to an adjuster— send copies instead.
Ready to Secure Your Lost Wages?
Proving lost income in a North Carolina personal-injury claim hinges on strong documentation and a strategy that meets the strict rules of evidence. Our firm has years of experience assembling bullet-proof wage-loss packages that insurance companies respect. If you have questions—or if an adjuster already pushed back—call us right now at 919-313-2737. We can review your records, fill any gaps, and fight to recover every dollar you deserve.
