Understanding the Problem

If you are pursuing a North Carolina personal injury claim and you are trying to prove missed work, you may be asking: can I use a signed employer letter instead of the standard lost-wages form, and when should I send that letter (or other wage documents) to my attorney, especially if your employer is dragging their feet.

Apply the Law

Under North Carolina law, “lost wages” are part of the damages a person may seek after an injury. Practically, insurers (and courts, if a lawsuit is filed) expect wage loss to be supported by reliable documentation that shows (1) you missed work because of the injury and (2) what you would have earned during that time. The earlier your attorney receives wage documents, the sooner they can evaluate the claim, request missing items, and (if needed) use formal discovery tools after a lawsuit is filed.

Key Requirements

• Proof you missed work: Dates you were out, reduced hours, or job restrictions that caused you to lose pay.
• Proof of your pay rate and typical schedule: Hourly rate or salary, usual hours, overtime patterns (if consistent), and whether you used PTO or unpaid leave.
• Connection to the injury: A clear link between the injury and the time missed (often supported by medical work notes or restrictions).
• Reliable source documents: Pay stubs, payroll printouts, timecards, attendance records, W-2/1099 forms, or a detailed employer verification letter.
• Consistency across records: The dates, hours, and amounts should match across your employer letter, pay records, and medical restrictions.

What the Statutes Say

• N.C. Gen. Stat. § 1F-5 (Discovery rules apply to subpoenas) - In cases where formal discovery is used, North Carolina’s civil discovery rules (including subpoenas) can be used to obtain records.
• N.C. Gen. Stat. § 1F-3 (Issuance of subpoena) - Provides a process for issuing subpoenas in North Carolina in certain discovery situations (often relevant when records are hard to obtain voluntarily).

Analysis

Apply the Rule to the Facts: Because you are still working on wage-loss documentation and your employer is not completing the standard form, the best move is to send your attorney what you have now (for example, recent pay stubs and the draft or signed employer letter). That lets your attorney check whether the letter includes the key details (dates missed, rate of pay, hours, and whether time off was paid or unpaid) and identify gaps early. If the employer letter is missing information, your attorney can ask for a corrected letter, request payroll/time records, or plan a formal records request later if the claim becomes a lawsuit.

Process & Timing

1. Who sends: You (the client). Where: To your attorney’s office through their preferred method (secure portal/email/mail). What: Any wage-loss proof you already have (pay stubs, schedules, time records, PTO records, medical work notes, and any employer letter—even if not on a “standard form”). When: As soon as you receive it, and again each time you get an updated document.
2. Attorney review and follow-up: Your attorney will compare the documents for consistency, request missing details from the employer, and organize the proof in a format that an insurance adjuster (or later, a jury) can understand. If your employer will not cooperate, your attorney may plan a formal records request if the case proceeds into litigation.
3. Use in the claim: Once your wage loss is documented clearly, your attorney can include it in a settlement demand and, if needed, prepare it for use in discovery and at trial.

Exceptions & Pitfalls

• Employer letter is too vague: A letter that only says “they missed work” without dates, pay rate, and whether time was paid may not carry much weight. Ask for specifics or provide payroll records to back it up.
• PTO and sick time confusion: If you used PTO, the insurer may argue you did not “lose” wages in the same way. Your attorney may still want the records because the way the loss is presented can matter.
• Overtime and variable hours: Overtime claims often require a pattern shown by multiple pay periods. Sending a longer run of pay stubs early helps avoid disputes later.
• Self-employment or mixed income: If you are paid partly by commissions, tips, or 1099 income, you may need additional proof (tax returns, invoices, deposit records). Don’t assume a simple letter will be enough.
• Waiting for the “perfect” packet: Delays can slow settlement discussions and can create avoidable stress if litigation starts and documents must be gathered quickly.

Conclusion

In North Carolina, lost wages are typically proven with clear, reliable documentation showing the time you missed and what you would have earned. If your employer will not complete the standard form, a signed employer letter can still be useful, but it should include specific dates, your pay rate, and whether the time off was paid or unpaid. Your best next step is to send your attorney the employer letter and any pay/time records you already have as soon as you receive them.

Talk to a Personal Injury Attorney

If you’re dealing with a lost-wages claim and your employer is slow to provide paperwork, our firm has experienced attorneys who can help you understand what documents work, what details matter, and how to keep your claim moving on a realistic timeline. 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.