I Had An Accident At Work – How Much Sick Pay Could You Claim After An Accident At Work?

Sick pay at work will I get paid and accident at work sick pay

Accident at work sick pay guide

By Fern Easton. Last Updated 17th February 2021. Welcome to our guide to accident at work sick pay, where we’ll look at the question “will I get paid sick pay at work?”. The notion of being injured at work isn’t something many people contemplate, which is more than understandable. Due to the safety procedures and regulations set in place by law, in general, it is fair to assume that the workplace is a safe and secure environment.  If an employer was to fail in their duty of care and not provide a healthy and safe environment where possible for employees to work if liability is proven then the employer may be liable for harm that is suffered. If you are injured, then you may need to take time off work while you recover. If that is the case, then you might be questioning if you could make an injury at work claim or have eligibility for sick pay?

Within this online guide, it aims to analyse and discuss the claims process in connection to a workplace accident in greater length. In doing so, it will outline how statuary sick pay works, if you could be eligible, and how our panel of solicitors could assist you. Here at Accident Claims UK, we work with a distinguished panel of personal injury solicitors who are more than able to handle your claim. Throughout this guide, it will explain how our panel of solicitors could assist you, illustrating how their expertise and guidance could be of use.

If you have questions or are confused about accident at work sick pay after reading this online guide, then please do not hesitate and contact a member of our team.

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A Guide To Sick Pay Entitlement After An Accident At Work

This is an online guide for those who are seeking statutory sick pay after being affected by an accident at work or falling ill. You may find this guide useful if you find yourself asking, “will I get paid sick pay at work?”. It is fair to state that some do not prepare for the moments when our health and well-being could be seriously affected. In most cases, we approach our day to day lives like normal, and the concept of an accident or illness will rarely cross our mind. But in the moments where your health is compromised, you could be left unable to earn a living for a period of time. If that is the case, you could be eligible for statutory sick pay. Within this online guide, it aims to discuss statutory sick pay by answering common questions such as;

  • What should an employer do when an employee is injured on the job?
  • Do you get sick pay if injured at work?
  • Do I qualify for statutory sick pay?
  • How long after an accident at work can you claim?
  • Do you get paid if you have an accident at work?

In order to make a personal injury claim in relation to an accident at work, in general, you must begin your claim within 3 years. This is because there is a personal injury claims time limit that could affect your ability to claim. There are exceptions to this rule, especially in cases of industrial disease, so please call our advisors for more information. If you have been affected by negligence while in the workplace that has left you injured or ill, please contact a member of our team today. They can offer you (free) legal advice and answer any questions that you might have. To find out the answer to the question “will I get paid sick pay at work following an accident?” read on.

What Is Statutory Sick Pay?

You might be unsure of what statutory sick pay (SSP) is, how it works, and whether or not you are entitled to it. Unfortunately, there are circumstances where illness and injury could affect your ability to work, meaning you have to take time off to recover and rest. If an illness or injury has rendered your ability to work for more than 4 days, then you could receive statutory sick pay. You will be required to provide evidence that you are suffering or have been injured, such as a doctors note. Statutory Sick Pay is paid by the employer at a rate of £94.25 for 28 weeks.

Depending on the type of contract you have will determine whether or not you’ll be eligible for Statutory Sick Pay. Some businesses have typical company sick pay schemes set in place for employees who need to take sick leave. Therefore, it is always worth checking whether or not your employer offers sick pay in the event of an injury or illness. It is worth remembering that you could still pursue a claim for compensation if a negligent employer causes an accident even though you are receiving sick pay from your employer. A claim against your employer may be valid if, through their negligence, you have become unexpectedly ill or suffered an avoidable injury. To find out more about claiming sick pay after an accident at work, continue reading.

How To Claim Sick Pay

Statutory Sick Pay is a specific amount of pay that is provided by employers. Not all employees will be entitled to this SSP; it will all depend on what is in their contract. If an employee has been off for more than 4 days and is entitled to SSP, they will receive this going forward.

Eligibility To Sick Pay And Qualifying For Payments

You might be asking yourself, “will I get paid sick pay at work if I’m off ill?”. If so, this section may be of interest to you.

If you are unable to work due to an illness or injury regardless of if it was caused due to work-related activities, you may need to claim SSP if it is an option in order to fulfil financial commitments. But in order to receive statutory sick pay, you must meet a particular criterion that has been outlined by gov.uk. You must;

  • Be currently working
  • You have been ill or injured for four continuous days, making you unable to work (this includes non-working days)
  • Earn an income on average of £118 each week
  • You have followed the correct procedures set out by your employer to receive sick pay

If you are a part-time worker, a person who has a zero-hour contract or was employed as a part of an agency, you could still have the right to claim for SSP as it will depend on each company’s policy. All employers are not required to pay SSP, they could have other policies in place, or they may not pay employees while they are off sick such as those in the armed forces.

It is more than understandable to be confused as to whether or not you are eligible for SSP, which can be different from a company’s sick pay scheme. However, if at any point within this online guide, you are confused by the matters that are being discussed, then please contact a member of our team.

Ineligibility To Statutory Sick Pay

It has been outlined by gov.uk that you will not qualify for statutory sick pay if you;

  • Have received the maximum amount of SSP (of 28 weeks)
  • Are currently receiving statutory maternity pay.
  • Are self-employed
  • Are in the armed forces
  • Are currently involved in legal custody
  • Are an agriculture worker

Regardless of if you are receiving SSP if your reason for being off work is due to a workplace injury or illness that was caused by a breach of an employers duty of care you may be eligible to claim for compensation. If you are ineligible for SSP, your employer must send you a statutory sick pay form (SSP1) within 7 days of you going off sick.

Bad Practices Towards Sick Pay By Employers

An employer under no context can apply pressure or bully an employee into not asking for SSP. If an employer attempts to dismiss or discipline an employee for asking for SSP, they can be liable for unfair dismissal is they proceed in this manner. To check whether the dismissal is considered unfair, Citizen’s Advice has recommended that an employee should check;

  • What your ‘employment status’ is, as your rights will differ if you are an employee or not
  • Does the law state whether your dismissal is considered unfair?
  • How long you have been considered an employee. In most cases, you can only challenge an unfair dismissal if you have worked for the company for 2 or more years.

For answers to the question “will I get paid sick pay at work?” and more, get in touch with our team today.

My Employer Is Refusing To Pay Me Sick Pay, What Should I Do?

When you’ve been involved in an accident at work, sick pay could be a vital lifeline for you. But Citizen’s Advice has outlined that some employers have been tricking employees of our sick pay. To do so, Citizen’s Advice claims that employers have been using tactics such as;

  • Cancelling people’s shifts
  • Reducing their employees’ wages
  • Stating that the affected employee needs a GP note (despite being able to self-certify for 7 days)
  • Refusing to comply and fill out the HMRC sick pay form

This is extremely unprofessional, as people are entitled to sick days.  If you have eligibility for sick pay, your employer should comply with the law. However, if your place of work says that you are not entitled and refuses to pay the sick pay, then Citizens Advice recommend that you speak with HM Revenue and Customs (HMRC). Alternatively, you could contact the HMRC’s Statutory Payments Disputes Team and discuss your concerns with them.

Steps To Take If You Are Ineligible For Statutory Sick Pay

If you have experienced an injury at work and are not eligible for sick pay, then you should consider contacting a member of the Accident Claims UK team. When a negligent employer has caused an injury or illness, they should be held accountable for the damage that has been inflicted. It is outlined by the Health and Safety Executive (HSE) that an employer is legally required to ensure the safety of employees and visitors of their business. To do so, an employer could perform;

  • Risk Assessments
  • Routine inspections
  • Perform regular housekeeping

If an employer neglects this duty of care, then a claim could be brought against them. To discover if you have a potential claim, please do not hesitate and contact a member of our team today.

Sick Pay Included In Your Employment Contract

The answer to the question “will I get paid sick pay at work?” may be found in your employment contract. By law, it is stated that statutory sick pay can be paid up to 28 weeks, £94.25 a week. However, it is always worth looking at your contract if you become injured or ill. If you are eligible for sick pay, your employer is not allowed to pay less than £94.25; however, your employer could provide you with payment and a number of sick days that differ from the figures provided by gov.uk. If you have any further questions about accident at work sick pay, don’t hesitate to get in touch with us. 

Workplace Accident Compensation Calculator

If you have been affected by a workplace accident that has left you injured or ill, then you could have grounds to make a claim for compensation. If that is the case, then you could use a personal injury claims calculator to provide an estimated compensation amount. However, it is worth remembering that the figure will merely be estimation, as the claims process will consider different factors. In addition to a claims calculator, we have also provided a table. Within the table are injuries of different severities and the compensation awarded. This has been provided to create a picture of the compensation that could be awarded.

Hearing LossPartial£27,890 to £42,730The partial loss of hearing might result in severe cases of tinnitus and nose induced hear loss (NIHL)
Hearing LossSerious£85,170 to £102,890In cases such as this, those who fall in the lower part of the bracket will not have signed of speech loss or tinnitus.
Brain DamageMinor£14,380 to £40,410Injuries at the lower end of this bracket will result in restricted movement, poor concentration.
Brain Damage Severe£264,650 to £379,100Injuries at the top end of this bracket will result in a lack of normal function, ability to look after yourself, limited mobility, pain, and communication problems.
PaapelgiaSerious£205,580 to £266,740

The level of award within the higher end of the bracket will result in affects to the person’s age, life expectancy, sexual function, pain, and hinder their ability of independence.
PTSDMinor£3,710 to £7,680PTSD cases of this severity will most likely make a recovery within a 2 year time frame. Minor PTSD cases may also make a recovery with the help of a medical professional.
PTSDModerate£7,680 to £21,730Moderate cases of PTAD might have a large impact on the affected individual. In some cases, the person will not be disabled, but could have last impacts to their health and well-being.
PTSDSevere £56,180 to £94,470Severe cases of PTSD might hinder a person’s ability to work. In severe cases, PTSD could affect the body in many ways, and in some cases, result in disability.

It is also worth highlighting that in order to make a personal injury claim, the affected individual must be able to provide evidence. This evidence can take shape in 2 different ways. Firstly, the claimant must be able to provide evidence that displays the employer in question at fault. This could be achieved through photographic evidence, witnesses, or CCTV. Secondly, the claimant must be able to provide medical evidence that connects the injuries inflicted to the accident. The injuries must be confirmed by a medical professional through a medical assessment.

Special Damages For Workplace Injury Claims

When making a claim in relation to statutory sick pay, a personal injury solicitor will look at a variety of factors. For example, some people might be able to pursue a claim for compensation if they have been financial, physical, or psychologically affected after an accident at work. The claims process will evaluate all of these different factors, which is done to ensure that the claimant enters the claims process with the best odds.

Physical Damages Caused By An Injured At Work

When making a workplace injury claim, a personal injury solicitor will look at the physical injuries the accident inflicted. This process is often referred to as a general damage claim. So if your physical health has affected your ability to earn a living, this would play a significant role within the compensation process.

Financial Loss

Many people who transition from a full-time wage to statutory sick pay could witness a financial loss. For example, if you have a weekly income of £200 that is swiftly reduced to £94.25 a week on SSP, you’d have a weekly loss of £105.75. This could be taken into consideration when making a claim.

Medical Related Costs
If an accident at work has resulted in an injury or illness, then you will most likely receive treatment and care from the National Health Service (NHS). However, you could potentially make a claim in relation to medical costs you’ve experienced during the recovery process. For example, if you have had to personally pay for prescription costs, medicine, or alternative treatments to aid your injury, then these factors could be taken into consideration when making a claim.

No Win No Fee Claims For Workplace Accidents

A personal injury solicitor from our panel could offer those affected by a workplace injury a no win no fee agreement. This acts as an agreement between the solicitor and the claimant, clarifying that the claimant will be required to pay a success fee in the event the claim is successful. This fee will be capped at 25% and will be discussed between the solicitor and the claimant ahead of time. A no win no fee agreement also reduces the threat to claimants personal finances in the event the solicitor fails to attain a settlement.

Start Your Workplace Injury Claim

Our phone lines are free to call, and our advisors are available 24 hours a day, 7 days a week. To speak with an advisor, please call 0800 073 8801. In addition to our phone line services, we also offer an online method. You could enquire online through our online form, and a member of our team will review your submission and contact you in due course.

Accident at work sick pay- FAQs

Who pays SSP?

Statutory sick pay is paid by your employer for up to 28 weeks of you being ill. You might receive more than SSP if your company has a sick pay scheme of their own. In order to check if this is the case, you should look at your employment contract.

How much is statutory sick pay?  

You’ll receive £95.85 in SSP each week. In order to qualify, you must earn an average of at least £120 a week. It will be paid by your employer in the same way that your wages are usually paid, and your tax and NI will be deducted.

You’ll be eligible for SSP from the fourth day you’re unable to work because of illness. You’ll be paid SSP for all the days that you would have worked, but are unable to because you’re ill, except for these first 3 days. These are known as “waiting days”.

You should let your employer know as soon as possible that you’re unable to work. Some companies will have a deadline for when you need to let them know, but if they haven’t specified then it should be within 7 days. Failure to do so could jeopardise your SSP.

Essential References

The claims process can often appear confusing and technical, so we hope that the information discussed within this online guide has been extremely useful. In addition to the material provided in this online guide, we have provided some additional sources that could be of use to your potential claim. You can find this information located down below.

Electrocution Claims – I was electrocuted, could I claim?

Work Accident Claims – What are your legal rights?

Personally injured at work – 10 of the most common injuries 

Citizen’s Advice – Steps to take after a work-related accident

Citizen’s Advice – Are you eligible for sick pay?

Gov.uk – What you could get form a statutory sick payment 

Article by MB

Edited by MM.

Thank you for reading our guide to accident at work sick pay. Hopefully, we’ve answered the question “will I get paid sick pay at work?”.