Can I recover lost wages if I can’t work because of my injuries? – North Carolina

Short Answer

Yes. In North Carolina, a person injured by someone else’s negligence can usually seek compensation for income lost because the injuries kept them from working. The key is proving (1) the injury caused the time missed and (2) the amount of income that would have been earned. Good documentation—medical work restrictions plus wage records—often makes the difference.

Understanding the Problem

Under North Carolina injury law, the decision point is whether an injured person who cannot work after a crash can include “lost wages” as part of the money damages claimed from the at-fault driver. The issue usually turns on whether the medical condition actually prevented working and whether the missed income can be shown with reliable records. The question also includes situations where the person is in treatment, has ongoing symptoms, and has not yet returned to work.

Apply the Law

In a North Carolina vehicle-pedestrian injury claim, lost wages are typically treated as part of the injured person’s compensable damages when the inability to work is caused by the crash-related injuries. In practice, insurers and juries look for a clear link between medical restrictions (or medically reasonable limitations) and the time missed, along with proof of what the person was earning before the injury. Claims are usually handled through the at-fault driver’s liability insurance first, and if a lawsuit is needed, it is filed in North Carolina Superior Court (or District Court depending on the amount in dispute).

Key Requirements

• Medical connection to missed work: Treatment records, work notes, or provider opinions should support that the injuries (not a separate issue) kept the person from working during the claimed period.
• Proof of the amount of income lost: Pay stubs, W-2s/1099s, tax returns, direct-deposit records, and an employer verification letter help show what would have been earned.
• Reasonable effort to return when medically able: If a provider releases the person to light duty or partial duty, the claim is stronger when the person (and employer) documents whether that work was available and what was earned.

What the Statutes Say

• N.C. Gen. Stat. § 52-4 (Earnings and damages) – Confirms that a person may recover damages for personal injuries, including earnings-related losses, in their own name.

Analysis

Apply the Rule to the Facts: Here, the facts describe a pedestrian struck by a vehicle in North Carolina, emergency transport to the ER, significant knee/neck/back complaints, a brain MRI, and ongoing physical therapy, with an inability to work. Those facts support the first requirement (a medical connection) if the medical records and treating providers document work restrictions or explain why working is not medically reasonable. The second requirement will depend on wage proof (recent pay stubs, employer confirmation of hours/rate, or tax records if self-employed). If a provider later releases light duty, documenting whether light duty exists and what income is actually earned helps avoid disputes about the wage-loss period.

Process & Timing

1. Who files: The injured person (or an attorney on their behalf). Where: Usually first as an insurance claim with the at-fault driver’s auto insurer; if a lawsuit is required, it is filed in the North Carolina General Court of Justice in the appropriate county. What: A demand package typically includes medical records/bills, wage documentation, and a provider work-status note; a lawsuit uses a civil complaint and summons. When: Wage-loss documentation should be gathered immediately while records are easy to obtain.
2. Document the wage loss: Request an employer letter confirming job title, pay rate, typical hours, dates missed, and any available light duty; collect pay stubs and year-end tax forms. For self-employment, gather invoices, bank deposits, and prior-year tax returns to show baseline earnings.
3. Update as treatment continues: As restrictions change, keep updated work notes and track any partial return to work. The claim can include past lost wages and, when supported, reduced earning ability going forward.

Exceptions & Pitfalls

• No work restriction in the records: Insurers often challenge wage-loss claims when there is no clear provider note or treatment narrative tying the injury to time missed.
• Gaps in treatment: Long gaps can be used to argue the person was well enough to work or that something else caused the missed time.
• Unclear wage proof: Cash income, variable hours, or self-employment can still be proven, but it usually takes more documentation and consistent records.
• Light-duty disputes: If released to light duty, the claim can shrink or become contested unless the availability (or unavailability) of suitable work is documented.
• Benefit and lien issues: When treatment is paid by Medicaid, reimbursement and lien rules may affect the net recovery; it helps to understand how medical bills get handled with Medicaid and whether government-related health benefits may need to be paid back.

Conclusion

Yes—North Carolina law generally allows recovery of lost wages when crash injuries keep a person from working, as long as the claim shows a clear medical reason for missing work and reliable proof of the income that would have been earned. The most important next step is to gather wage records and a provider work-status note and submit them with the injury claim as early as possible, while also confirming the lawsuit filing deadline so the claim is not lost to time limits.

Talk to a Wrongful Death Attorney

If lost income is building up because injuries made working impossible after a crash, 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.