How does missing work after a slip-and-fall injury affect what we can recover? – North Carolina

Short Answer

In North Carolina, time missed from work after a slip-and-fall can increase a claim’s value because lost income is a type of compensatory damage. The key is proving the missed time was medically necessary and tying the wage loss to the fall with clear documentation. Missing work can also raise pushback from the store’s insurer if there are gaps in treatment or unclear work restrictions, so records matter.

Understanding the Problem

After a North Carolina slip-and-fall in a store, the practical question is often: can a person recover money for the days or weeks of work missed because a doctor said work should stop or be limited? The answer depends on whether the missed time can be connected to the injury from the fall and whether the store can be held responsible for the unsafe condition. The issue usually turns on proof of work restrictions, proof of income, and whether the store argues the fall happened because of the injured person’s own actions.

Apply the Law

North Carolina premises liability claims are typically handled as negligence cases. If a store’s unsafe condition caused an injury, compensatory damages can include medical expenses and income lost because the injury kept the person from working (or forced reduced hours). In practice, insurers focus on documentation: a medical provider’s work note, payroll records, and a clear timeline connecting the fall, treatment, restrictions, and missed shifts. North Carolina’s contributory negligence rule can also affect recovery if the store proves the injured person’s own lack of reasonable care contributed to the fall.

Key Requirements

Liability (fault) for the fall: The store must have created the unsafe condition (like a wet floor) or known/should have known about it and failed to fix it or warn within a reasonable time.
Medical support for time off: A treating provider’s written restrictions should explain why work was missed and for how long (no work, light duty, limited hours, no lifting, etc.).
Proof of wage loss: Pay stubs, employer verification, schedules, and (for self-employed workers) business records help show what income was actually lost because of the injury.

What the Statutes Say

N.C. Gen. Stat. § 52-4 (Earnings and damages) – Confirms that a person may recover damages for personal injuries and that earnings/damages are recoverable by the injured person suing in their own name.

Analysis

Apply the Rule to the Facts: The facts describe a slip-and-fall on a wet convenience-store floor with no warning signs reported. If the wet floor existed long enough that store staff should have noticed and addressed it (or if staff created it), that supports liability. The urgent-care visit with imaging the next day and ongoing pain support that an injury occurred, and a provider’s instruction to stay out of work supports a wage-loss claim—so long as the time missed matches the written restrictions and the wage loss can be documented.

Process & Timing

Who pursues the claim: The injured person. Where: Usually first through the store’s liability insurance claim process; if not resolved, a lawsuit is filed in the appropriate North Carolina trial court (typically Superior Court or District Court depending on the amount in dispute). What: A demand package commonly includes medical records/bills, work notes, and wage documentation. When: Wage-loss documentation should be gathered immediately while records are easy to obtain.
Document missed work: Collect the provider work note(s), job description (especially lifting/standing requirements), pay stubs or direct-deposit history, and a written employer verification of dates missed and whether paid time off was used.
Connect the timeline: Keep a simple chronology showing the fall date, first treatment date, follow-ups, restrictions, and the exact dates/hours missed. This helps avoid arguments that missed work was unrelated or excessive.

Exceptions & Pitfalls

Unclear or missing work restrictions: If the provider never wrote “no work” or “light duty,” an insurer may argue the missed time was a personal choice rather than medically necessary.
Gaps in treatment: Long gaps between visits can lead to arguments that the injury resolved or that later pain (and missed work) came from something else.
Contributory negligence arguments: Stores often argue the hazard was visible or avoidable. If that defense succeeds under North Carolina law, it can bar recovery, which makes early evidence (photos, incident report, witness names) important.
Using paid time off: Using sick leave or vacation does not automatically eliminate wage-loss damages, but it can complicate proof. Clear employer records help show what was used and why.
Self-employed income proof: Without consistent invoices, bank deposits, and business records, insurers may dispute the amount of lost income or claim it is too speculative.

Conclusion

In North Carolina, missing work after a slip-and-fall can be part of what is recoverable as compensatory damages if the store’s negligence caused the injury and the missed time is supported by medical restrictions and wage documentation. The most important practical step is to gather written work notes and payroll or income records that match the exact dates and hours missed. Next step: request a written work-status note from the treating provider and obtain employer/payroll verification as soon as possible.

Talk to a Real Estate Attorney

If a slip-and-fall has caused missed work and questions about what income loss can be included in a North Carolina claim, our firm has experienced attorneys who can help explain options, documentation, 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.