Wrongful Death

What paperwork do I need to prove I’m missing work because of my injuries? – North Carolina

Short Answer

In North Carolina, proving missed work after an injury usually takes two types of paperwork: (1) medical records showing work restrictions and dates, and (2) wage records showing what income was actually lost. The most common documents are a doctor’s work note, pay stubs (before and after the crash), and an employer wage-and-attendance verification. Keeping a clear timeline that ties the medical restrictions to the exact days missed helps avoid insurance disputes.

Understanding the Problem

In North Carolina, an injured person often needs to show that missed work happened because the injuries required time off or limited job duties. The decision point is whether the missed time can be supported by both medical proof (that working was not medically appropriate) and employment proof (that wages or paid time were actually lost). The same issue comes up whether the claim is being negotiated with an insurance adjuster or later presented in court.

Apply the Law

Under North Carolina law, a claim for injury-related lost income generally requires proof of two things: causation (the injury caused the inability to work) and the amount of the loss (what earnings were actually missed). Insurance companies typically look for objective documentation that matches dates: when treatment occurred, when restrictions started, and when the person returned to full duty. If the claim later becomes a lawsuit, the same records usually form the foundation for proving damages.

Key Requirements

  • Medical support for time off or restrictions: Records or a work-status note showing the dates the injury limited work (no work, light duty, reduced hours, or specific restrictions).
  • Proof of what income was lost: Pay documentation showing the normal earnings pattern and the drop in earnings tied to the missed dates.
  • A clean link between the two: A consistent timeline that connects the medical restrictions to the exact workdays missed (and explains any gaps).

What the Statutes Say

  • N.C. Gen. Stat. § 8-58.1 (Medical charges evidence) – Allows an injured person to testify about medical charges with supporting records and creates certain presumptions about reasonableness; medical records still matter for linking treatment and restrictions to the crash.

Analysis

Apply the Rule to the Facts: Here, the facts include a reported crash, emergency care, follow-up care, ongoing pain, and missed work while negotiating with the other insurer. The strongest paperwork package will (1) document the injury and treatment dates, (2) include a provider’s written work restrictions covering the missed work period, and (3) show wage loss through pay stubs and an employer verification that matches the restriction dates. If the medical records show treatment but no work restrictions, insurers often argue the missed work was a choice rather than medically necessary.

Process & Timing

  1. Who gathers: The injured person (often with help from counsel). Where: Medical provider offices and the employer’s HR/payroll department in North Carolina. What: A work-status note (dates and restrictions), visit notes/discharge instructions, and wage/attendance verification. When: Start immediately and update after each appointment where restrictions change.
  2. Build a date-matched packet: Create a simple timeline (crash date, ER date, follow-up dates, restriction start/end dates, and each missed workday). Attach supporting documents behind it so the adjuster can verify the story quickly.
  3. Submit and keep updating: Provide the packet to the insurance adjuster and supplement it as new treatment occurs or restrictions extend. Keep originals and send copies.

Exceptions & Pitfalls

  • No written restrictions: If a provider never documents “no work” or “light duty,” the insurer may dispute whether the time off was caused by the injury. Asking the provider to document work status at each visit can prevent this.
  • Using PTO without documentation: Paid time off can still represent a loss in many claims, but it is harder to prove without payroll records showing PTO used and the dates it covered.
  • Inconsistent dates: Gaps between the crash and treatment, or between treatment and missed work, often trigger causation arguments. A clear timeline and consistent medical notes help address this.
  • Self-employment documentation gaps: For self-employed workers, insurers often require more than a statement of lost income. In practice, invoices, appointment logs, business bank statements, and a year-to-date profit-and-loss summary may be needed (tax questions should go to a tax attorney or CPA).
  • Light-duty misunderstandings: If an employer offers light duty within restrictions and it is declined, the insurer may argue the wage loss could have been reduced. Written restrictions and written employer communications matter.

Conclusion

In North Carolina, paperwork for missed-work damages usually needs two tracks: medical proof that the injuries required time off or restrictions, and wage proof showing what income (or paid leave) was actually lost on specific dates. The most effective next step is to request a written work-status note from the treating provider and an employer wage-and-attendance verification, then submit both together so the dates match.

Talk to a Wrongful Death Attorney

If an injury claim involves missed work and an insurance company is asking for proof, our firm has experienced attorneys who can help organize the right medical and wage documentation and explain 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.