How to Address Discrepancies in Employer d/b/a Versus Legal Name When Filing a Lost Wage Claim in North Carolina
How to Address Discrepancies in Employer d/b/a Versus Legal Name When Filing a Lost Wage Claim in North Carolina
Detailed Answer
Insurance carriers, defense attorneys, and courts require that every document supporting a lost wage claim list the employer’s exact legal identity. A mismatch between an employer’s “doing-business-as” (d/b/a) name and its legal name can delay or even derail payment. Below is a step-by-step process—illustrated with a short hypothetical—showing how to identify and cure those discrepancies under North Carolina law.
1. Understand the Terminology
Legal name: The entity name registered with the North Carolina Secretary of State or, for a sole proprietorship, the individual owner’s personal name.
Search the Secretary of State (SOS) databases. Visit SOS Business Registration Search. Enter both the d/b/a and any part of the corporate name shown on pay stubs.
Retrieve the Assumed Business Name Certificate. The SOS database or the Register of Deeds in the employer’s county will list the certificate that ties the d/b/a to the legal entity.
Request employer confirmation. Ask human resources to send a brief letter on company letterhead confirming (1) legal name, (2) any assumed names, and (3) the employer identification number (EIN).
3. Complete the Wage Verification Forms Correctly
North Carolina insurers usually supply an “Employer’s Wage Verification” or similar form. Complete it as follows:
Box for Employer Name: Type the legal name, then add “d/b/a [Trade Name]” in parentheses if the trade name is printed on paychecks or tax forms.
Attachments: Send copies of the Assumed Business Name Certificate and the SOS printout with the form. Label them “Exhibit A – Name Verification.”
Affidavit language: If the form must be notarized, confirm the notary block lists the legal name of the entity, not the trade name.
4. Hypothetical Example
Lisa is rear-ended, misses four weeks of work, and files a personal-injury claim. Her pay stub lists “Triangle Catering.” A quick SOS search shows no corporation by that name, but “Delicious Events, LLC” operates the d/b/a “Triangle Catering.” Lisa:
Downloads the Assumed Business Name Certificate linking “Triangle Catering” to “Delicious Events, LLC.”
Asks HR for a letter confirming that “Delicious Events, LLC d/b/a Triangle Catering” is her employer.
Lists the employer on the wage form exactly that way, attaches the certificate, and avoids a denial for “insufficient employer information.”
N.C. Gen. Stat. § 97-2 – Defines “employee” and “employer” in the workers’ compensation context; many insurers borrow the same definitions for wage verification.
Helpful Hints
Always check both names on W-2 and pay stubs. The W-2 normally uses the legal name.
If the company is a sole proprietorship, the legal name may simply be the owner’s name. Verify with county Register of Deeds.
Make sure the employer’s address on the wage form matches the address on SOS records; inconsistent addresses can trigger an audit.
Keep a copy of every search result and certificate; insurers frequently ask for secondary proof months later.
Deadlines matter. File corrected wage documentation within the statute of limitations for your underlying injury (generally three years under N.C. Gen. Stat. § 1-52).
Need Help? Call Us Today
Mismatching employer names is one of the most common—and most avoidable—reasons insurers reject lost wage claims in North Carolina. Our firm’s attorneys handle these issues every day and can make sure the paperwork is right the first time. Call us now at 919-313-2737 for a free consultation.
