Short Answer

Yes. In North Carolina, time you miss from work because of an injury can usually be claimed as part of your personal injury damages, often called “lost wages” (past income you already missed) and sometimes “loss of earning capacity” (reduced ability to earn in the future). You generally must show the time off was medically necessary and document what you would have earned. The other side may dispute the amount, the medical connection, or argue you could have returned sooner.

Understanding the Problem

If you were injured in North Carolina and your doctors took you out of work, can you include that missed time (and the pay you did not receive) as part of your injury claim? In your situation, one key fact is that you have been taken out of work while recovering from emergency neck surgery.

Apply the Law

North Carolina personal injury damages are meant to repay a person for losses caused by someone else’s negligence. When an injury keeps you from working, wage-related losses may be recoverable if you can connect the missed work to the injury and prove the amount with reliable records. These wage-related damages commonly include (1) past lost wages for time already missed and (2) loss of earning capacity if the injury affects your ability to earn going forward. Wage loss is typically handled in settlement negotiations with an insurance adjuster, or proven in court if a lawsuit is filed.

Key Requirements

• Medical connection to the time off: You need evidence that your injury (and treatment/restrictions) is why you could not work, not an unrelated condition or a voluntary choice.
• Proof of what you actually lost: You must document the income you missed (for example, pay stubs, W-2/1099s, tax returns, and an employer letter confirming dates missed and rate of pay).
• Reasonable time off and restrictions: The missed time should match the medical restrictions and recovery timeline; disputes often focus on whether you could have returned sooner or done modified duty.
• Consistency across records: Your work notes, medical records, and employment records should line up on dates, restrictions, and job duties.
• Future impact requires stronger support: If you claim reduced future earning ability, you generally need clearer medical support and a practical explanation of how the injury limits your work.
• No recovery if contributory negligence applies: North Carolina’s contributory negligence rule can bar recovery if the injured person’s own negligence contributed to the injury, depending on the facts and defenses raised.

What the Statutes Say

• N.C. Gen. Stat. § 52-4 (Earnings and damages) - Confirms that a person may recover damages for personal injuries in their own name, including earnings-related losses tied to the injury.
• N.C. Gen. Stat. § 8-58.1 (Medical charges evidence rule) - Sets rules about proving medical charges; medical records and billing often matter because they help show why time off work was necessary.
• N.C. Gen. Stat. § 1-139 (Burden of proof of contributory negligence) - Places the burden on the defendant to prove contributory negligence when it is asserted as a defense.

Analysis

Apply the Rule to the Facts: Because you were taken out of work while recovering from emergency neck surgery and still have pain and arm numbness, wage loss is commonly part of the claim if your medical records support work restrictions and the dates you missed. The next step is proving the amount: your pay history and an employer confirmation can show what you would have earned during the time you were medically unable to work. If your condition improves and you return, your claim may focus on past lost wages; if restrictions continue, the discussion may shift to whether there is any longer-term impact on your ability to earn.

Process & Timing

1. Who gathers and submits proof: The injured person (often through an attorney). Where: Usually to the at-fault party’s insurance adjuster; if a lawsuit is filed, to the North Carolina trial court through the evidence/discovery process. What: Work-status notes from your treating providers, a wage verification letter from your employer, and supporting pay/tax records. When: As soon as you have clear dates you were taken out of work and you can document your pay.
2. Confirm the “off work” dates and restrictions: Make sure each work note clearly states the dates you cannot work (or what restrictions apply) and keep follow-up notes if the restriction is extended.
3. Calculate and present the wage loss: Use a simple, document-backed calculation (rate of pay × hours/days missed), adjusted for what you actually would have worked, and keep records of any partial return or modified duty.

Exceptions & Pitfalls

• “Doctor took me out” is not enough by itself: If the work note is vague, missing dates, or not tied to objective findings, the insurer may argue the time off was not medically necessary.
• Using the wrong wage number: Claims often get delayed when people use gross pay vs. net pay inconsistently, forget variable hours/overtime rules, or cannot show what they typically worked.
• Gaps in treatment can hurt the wage claim: Long gaps in follow-up care can lead to arguments that you were well enough to work earlier or that something else caused the ongoing symptoms.
• Modified duty issues: If your employer offered light duty within your restrictions and you declined, the insurer may argue you failed to reduce your wage loss.
• Contributory negligence defenses: If the defendant claims you contributed to the incident, that defense can affect the entire claim, including lost wages.

Conclusion

Yes—under North Carolina law, being out of work because of your injury can be included in your personal injury claim as lost wages (and sometimes reduced earning ability). The key is showing your missed work was medically necessary and proving the amount with solid records. Your next step is to collect your provider work-status notes and request a written wage verification from your employer as soon as possible.

Talk to a Personal Injury Attorney

If you’re dealing with missed work after a serious injury and want to include wage loss in your claim, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call [CONTACT NUMBER].

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.