Short Answer

Yes. Under North Carolina law, you can usually seek lost wages (and sometimes reduced future earning capacity) if an injury caused by someone else’s negligence keeps you from working one of your jobs. The key is proving the wage loss was caused by the injury and documenting what you would have earned. If the injury happened at work, workers’ compensation rules may apply instead and can limit how wage benefits are calculated.

Understanding the Problem

If you live in North Carolina and a property owner’s failure to fix unsafe stairs causes you to get hurt, can you recover the pay you miss from one of your jobs while you heal? Here, one important fact is that you fell because the staircase was broken and you expect to miss work and lose wages.

Apply the Law

In North Carolina, “lost wages” are part of the money damages a person can seek after an injury caused by another party’s negligence. In plain terms, the goal is to repay you for income you would have earned if the injury had not happened. If you have more than one job, you can still claim wage loss tied to the job you could not perform, as long as you can show the injury caused the time missed and you can prove the amount with reliable records.

Two different systems can come into play. If your injury happened because of unsafe property conditions (like broken apartment stairs), the claim is typically a personal injury claim against the responsible party. If the injury happened while you were working for an employer, it may be a workers’ compensation claim, where wage benefits are controlled by statute and are based on “average weekly wages” and disability status.

Key Requirements

• Proof you missed work because of the injury: Medical records and work restrictions should connect the broken ankle (and recovery/surgery) to your inability to do the job you missed.
• Proof of what you would have earned at that job: Pay stubs, W-2s/1099s, direct deposit records, schedules, and employer verification help show your regular hours, rate of pay, and typical overtime or shift differentials (if any).
• Clear time period for the wage loss: You generally need start and end dates (or a continuing restriction) for when you could not work that job.
• Reasonable mitigation: If you can do some work within medical restrictions (for example, seated work), the other side may argue you should have returned in some capacity; your documentation should match your restrictions.
• Consistency across records: Your medical notes, employer notes, and your own statements should line up about what work you could not do and why.
• Correct “lane” (personal injury vs. workers’ compensation): The rules and how wage loss is calculated can change depending on whether the injury is treated as a workplace injury.

What the Statutes Say

• N.C. Gen. Stat. § 52-4 (Earnings and damages) - Allows an injured person to recover their own earnings and personal injury damages in their own name.
• N.C. Gen. Stat. § 97-30 (Partial incapacity) - In workers’ compensation cases, sets a wage-loss benefit formula based on the difference between pre-injury wages and post-injury earning ability, subject to limits.
• N.C. Gen. Stat. § 97-34 (Injury while receiving/entitled to compensation for former injury) - Addresses how benefits may be handled when a worker has overlapping injuries in the same employment.
• N.C. Gen. Stat. § 97-35 (Compensation paid for two injuries) - Addresses how compensation may be paid when a worker has multiple permanent injuries in the same employment.

Analysis

Apply the Rule to the Facts: Your broken ankle and surgery make wage loss a realistic issue because recovery often involves a period of being unable to stand, walk, or safely use stairs, which can keep you from working. Because you have photos/video of the condition and fall, you may be able to support the underlying claim that the unsafe stairs caused the injury. To recover lost wages from one of your jobs, you still need clean documentation showing (1) you were medically unable to work that job and (2) what you would have earned during that time.

Process & Timing

1. Who files: The injured person. Where: Usually an insurance claim first; if not resolved, a lawsuit is typically filed in North Carolina state court in the county where the incident happened or where a defendant resides/does business. What: A demand package often includes medical records/bills, work restrictions, and wage documentation; a lawsuit starts with a complaint. When: Start gathering wage proof immediately after the missed time begins so records are complete.
2. Document the wage loss: Get a written statement from each employer confirming your job title, pay rate, typical hours, dates missed, and whether you used PTO or unpaid leave. If you are self-employed or work gig shifts, collect invoices, platform statements, bank deposits, and prior months’ earnings to show a reliable baseline.
3. Resolve or litigate: Many cases resolve through settlement once medical treatment stabilizes and wage loss is fully documented; if not, the court process can require sworn testimony and formal records requests to employers and medical providers.

Exceptions & Pitfalls

• Workers’ compensation overlap: If the injury is treated as work-related, wage benefits may be limited to the workers’ compensation framework, which uses statutory formulas and may not pay dollar-for-dollar for every missed shift at a second job.
• Inconsistent medical restrictions: If your doctor’s notes say you can work light duty but you claim you could not work at all, the insurer may dispute the wage claim. Ask your provider to clearly document restrictions that match your actual job duties.
• Cash or irregular pay: If you are paid in cash or your hours vary, the insurer may challenge the amount. Bank records, schedules, texts confirming shifts, and prior tax documents can help show a consistent pattern.
• Using PTO without tracking it: If you used paid leave, you may still have a loss (for example, you burned leave you would have used later), but you need records showing what leave was used and when.
• Gaps in proof for the second job: People often document the “main” job but forget the side job. Treat each job like its own wage-loss file with its own proof.

Conclusion

In North Carolina, you can generally recover lost wages when an injury keeps you from working one of your jobs, as long as you can prove the injury caused the missed work and you can document what you would have earned. The most important next step is to gather written wage verification and medical work restrictions right away and provide them with your claim materials before any filing deadline expires.

Talk to a Personal Injury Attorney

If you're dealing with an injury that is keeping you from working one of your jobs and you need to prove wage loss, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today by calling (919) 341-7055.

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.