Short Answer

In North Carolina, you prove lost wages with clear, documented proof of (1) the time you missed or your pay reduction and (2) that your accident injuries caused it. Common proof includes employer payroll records, a supervisor or HR letter confirming your schedule and pay, recent tax forms or W‑2s, and medical notes showing work restrictions. Keep the calculation simple and supported—no estimates or guesswork.

Understanding the Problem

You want to know what documents North Carolina insurers and courts expect to see to pay lost wages in a personal injury claim. The decision point is: as an injured person, can you show reliable proof that your accident forced you to miss work or accept lower pay, and exactly how much you lost? Here, you were placed on light duty, which means wage proof may involve a pay‑difference rather than total time off.

Apply the Law

Under North Carolina law, lost wages are an economic damage. You must show, with reasonable certainty, the amount you lost and that the loss was caused by accident‑related injuries or medical restrictions. The primary forum is first the insurance claim process; if not resolved, you may file a lawsuit in the county trial court. A key timing rule is the general three‑year statute of limitations for personal injury claims, running from the date of the accident.

Key Requirements

• Causation: Medical records or provider notes tie your time off or light‑duty limits to the accident injuries.
• Amount with certainty: Pay stubs, payroll summaries, timesheets, W‑2s/1099s, or tax returns show your rate and actual time or income lost.
• Employer confirmation: A letter or email from HR or a supervisor confirms your schedule, pay rate, dates missed, and whether you used PTO.
• Wage‑difference proof (light duty): Documents show the gap between your pre‑accident earnings and your reduced pay while restricted.
• Admissible format: Use business records and summaries so the proof can be used in court if needed.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limitation) - Most personal injury claims must be filed within three years of the accident.
• Rule 803(6) – Business records exception - Lets payroll and HR records be used as evidence if properly supported.
• Rule 1006 – Summaries of voluminous records - Allows a clear summary of many pay records when the originals are available.
• Rule 701 – Lay opinion testimony - Permits your own testimony about hours missed and normal pay based on personal knowledge.

Analysis

Apply the Rule to the Facts: Your ER and orthopedic records, plus therapy notes, should include work restrictions that link your light‑duty status to the accident. To show the amount, gather pre‑ and post‑accident pay stubs and a simple HR letter confirming your regular schedule and the dates you missed or the reduced hours you worked. Because you were on light duty, calculate the wage difference for those periods and include it with your records.

Process & Timing

1. Who files: The injured person (or their attorney). Where: First, submit a claim to the at‑fault party’s insurer; if not resolved, file a civil complaint with the Clerk of Superior Court in the appropriate North Carolina county. What: Send a demand package including medical records showing restrictions, employer payroll records, an HR confirmation letter, and your wage‑loss calculation. If filing suit, prepare and file a civil complaint and serve the defendant. When: Aim to present wage proof promptly; lawsuits must be filed within three years of the accident.
2. Insurer review and negotiation typically follow after you submit records; expect requests for recent pay stubs, tax forms, and provider notes confirming dates you could not work or had limits.
3. If the claim settles, the insurer issues payment; if not, the case proceeds through discovery and, if necessary, trial where payroll records and summaries can be offered as evidence.

Exceptions & Pitfalls

• Self‑employed or variable income: Use tax returns, 1099s, invoices, bank statements, and a simple profit‑and‑loss summary; avoid estimates without documents.
• PTO and sick leave: If you used paid time off because of the injuries, include records; you can claim the value of PTO you were forced to spend.
• Light‑duty wage gap: Document the difference between pre‑injury and restricted earnings; include schedules and rate changes.
• Mitigation: Keep records showing you followed medical advice and accepted suitable work; gaps can reduce recovery.
• Contributory negligence: In North Carolina, if you are found even slightly at fault, recovery can be barred; solid liability proof matters to any wage claim.
• Admissibility: Keep originals or certified copies of payroll records; use a custodian letter if possible so your records qualify as business records.

Talk to a Personal Injury Attorney

If you’re dealing with wage loss after an accident and need help gathering the right records and presenting them clearly, our firm has experienced attorneys who can help you understand your options and timelines. Reach out 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.