Short Answer

In North Carolina, you must prove what you normally earned, what work you missed, and that your injury caused the loss. Strong proof includes employer payroll and timekeeping records, a supervisor or HR wage verification, medical notes restricting you from work, and pay-related tax forms or bank statements. If pay is irregular, use a longer earnings history, tax returns, invoices, and platform or bank data to show an average.

Understanding the Problem

In North Carolina, an injured person wants to recover lost wages from the at‑fault party’s insurer or, if needed, in court. The question is: what concrete proof do you need to show you missed work and lost income because of the injury? One key fact here is that your pay shows inconsistent withdrawals rather than regular wages, which means you’ll need a broader paper trail to demonstrate earnings reliably.

Apply the Law

Under North Carolina law, damages for lost wages require competent evidence of your pre‑injury earnings, the work you missed, and a medical link between the injury and your time away. Courts and insurers expect reliable business records or sworn statements to avoid speculation. The main forum is civil court if settlement fails, and the Rules of Evidence govern what records can be used and how to authenticate them. Many injury claims have filing deadlines measured in years from the injury date, so building this record early matters.

Key Requirements

• Baseline earnings: Show what you usually made before the injury (pay stubs, W‑2/1099, employer payroll reports, or tax returns for fluctuating income).
• Time missed and pay impact: Prove dates/hours missed and the resulting drop in pay (timesheets, schedule changes, PTO records, and a supervisor/HR letter).
• Medical causation: Provide doctor’s notes or work restrictions tying your inability to work to the injury.
• Reliable records/admissibility: Use business records and, when practical, custodian-of-records affidavits to satisfy evidentiary rules without live testimony.
• Irregular or self‑employment: Use multiple sources (tax returns, profit‑and‑loss statements, invoices, platform earnings reports, and bank deposits) to show average earnings with reasonable certainty.

What the Statutes Say

• North Carolina Gen. Stat. § 8-58.1 (Medical bills; itemized statements) - Allows itemized medical bills with proper affidavits to serve as prima facie evidence, which helps establish medical necessity and time off.
• North Carolina Rules of Evidence, Chapter 8C (Business records exception – Rule 803(6)) - Permits admission of regularly kept records (like payroll and timekeeping) when properly authenticated.

Analysis

Apply the Rule to the Facts: Because your pay shows inconsistent withdrawals, gather a longer lookback of earnings (for example, 12–24 months) using bank statements, platform reports, and tax returns to establish an average baseline. Your attorney’s pre‑demand medical summary, paired with doctor’s work restrictions, helps connect treatment dates to specific days you could not work. An employer or HR wage verification can list your role, pay structure, and dates/hours missed; if an accountant cannot verify, payroll/timekeeping data plus bank deposits and invoices can fill the gap.

Process & Timing

1. Who files: You or your attorney. Where: First to the at‑fault insurer; if unresolved, file in the appropriate North Carolina trial court. What: Submit a wage verification letter from your employer, recent pay stubs or payroll reports, timekeeping records, W‑2/1099 or tax returns (if irregular pay), bank statements showing deposits, platform earnings reports, and medical work‑restriction notes. When: Begin collecting records immediately; request employer and provider affidavits early so they are ready if suit is filed.
2. If the employer or platform will not cooperate informally, your attorney can use formal discovery to obtain payroll, scheduling, and earnings data and request custodian-of-records affidavits so the records are usable without live testimony. Timeline varies by county and case complexity.
3. For litigation, expect to exchange documents, take depositions if needed, and present business records and medical restrictions to prove wage loss. The end product is either a settlement including lost wages or a court judgment.

Exceptions & Pitfalls

• Self‑employed or gig income: Use multiple sources—tax returns, invoices, calendars, mileage logs, platform statements, and bank deposits—to avoid speculation.
• PTO/sick leave: Track it. Using paid time off still reflects a wage loss; document hours and balances.
• Cash or owner draws: Corroborate with bank records, client invoices, and year‑over‑year comparisons to show a reliable average.
• Medical link: Without a doctor’s work restriction or note tying missed days to the injury, lost wage claims are vulnerable.
• Admissibility traps: If an employer won’t send a representative, request a custodian-of-records affidavit so payroll/timekeeping records qualify as business records.

Talk to a Personal Injury Attorney

If you're dealing with documenting lost wages after an injury, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [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.