By Lewis Hendrix. Last Updated 27th July 2023. Welcome to our “sick pay at work – will I get paid if I am injured in a workplace accident” guide to accident at work sick pay. We’ll look at the question “will I get paid sick pay at work if I’m claiming compensation for an accident at work?”. Being injured at work isn’t something many people contemplate, understandably. Due to safety procedures and regulations set in place by law, it is fair to assume that the workplace is a safe environment with little risk of injury at work. As we progress, we’ll answer the question, “Will I get paid if I am injured in a workplace accident and suffer a workplace injury?” We also explain accident at work sick pay, answering questions such as “How long can you claim sick pay?” and “How much is work-related sick pay in the UK?”
Could You Claim Compensation For An Accident At Work?
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. Should you be 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 about accident at work compensation.
Select A Section
- A Guide To Sick Pay Entitlement After An Accident At Work
- What Is Statutory Sick Pay?
- How To Claim Sick Pay
- Eligibility To Sick Pay And Qualifying For Payments
- Ineligibility To Statutory Sick Pay
- Bad Practices Towards Sick Pay By Employers
- My Employer Is Refusing To Pay Me Sick Pay, What Should I Do?
- Steps To Take If You Are Ineligible For Statutory Sick Pay
- Sick Pay Included In Your Employment Contract
- Compensation For An Accident At Work
- Special Damages For Workplace Injury Claims
- No Win No Fee Claims For An Accident At Work & Sick Pay
- Start Your Workplace Injury Claim And Find Out “Will I Get Paid After A Workplace Accident?”
- Essential References Relating To “Will I Get Paid After A Workplace Accident?”
So, you’re thinking, “sick pay at work, will I get paid?” This is an online guide for those 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.
Your questions answered
Within this online accident at work sick pay 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?
- Will I get paid if I am injured in a workplace accident?
To make a personal injury claim about 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 industrial disease cases, 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.
Statutory Sick Pay is something you can get if you’re too sick to work. The amount you could receive is currently at £99.35 per week. If you’re wondering how long you can claim sick pay for, you can do so for up to 28 weeks.
In some cases, you could receive full pay whilst off sick at work. However, accident at work sick pay can vary depending on your contract. If you’re wondering what work-related injury sick pay in the UK you’d receive, you might want to look at your employment contract. It should set out your employer’s sick pay policies. Or, it might be in your company handbook.
To learn more, please get in touch on the number above.
If I receive work-related injury sick pay in the UK, can I still make an accident at work claim?
Your sick pay should not impact your eligibility to claim compensation for a work-related injury. If you could prove your employer’s breach of their duty of care to you caused your injury, you could still be eligible to make a personal injury claim against them.
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 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. This should help clarify the answer to “sick pay at work, will I get paid?”
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 to fulfil financial commitments. But 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.
How Long Can You Claim Sick Pay?
If you have suffered an injury at work that requires you to take some time off to recover and heal, you may also be wondering how long can you claim sick pay for?
If you need to take time off following an accident at work, sick pay could be paid to you for up to 28 weeks. During the first three days of your sick leave, your employer does not have to pay you any statutory sick pay (SSP). These 3 days are known as ‘waiting days’. However, certain organisations’ policies and contracts may offer you sick pay for those first 3 days.
If, after those 28 weeks, you are still unable to work, your employer could complete an SSP1 form which will then allow you to apply for Employment and Support Allowance (ESA) before your SSP comes to an end.
Contact our advisors today for more information on claiming for a work related injury, or about sick pay.
Part time workers
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 about whether or not you are eligible for SSP, which can be different from a company’s accident at work 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.
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. Hence an answer to “sick pay at work will I get paid?”
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 if 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.
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 workplace says that you are not entitled and refuses to pay the accident at work 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.
If you have experienced an injury at work and are not eligible for sick pay, 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. And this also helps to clarify “sick pay at work will I get paid?” To discover if you have a potential claim, please do not hesitate and contact a member of our team today.
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 several 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 contact us.
If you successfully claim compensation for an accident at work, you could receive two different types of damages. General damages compensates successful claimants for the pain, suffering and loss of amenity caused by their injury at work. This can include both psychological and physical injury. Some cases of workplace injury may involve stress, depression, and PTSD after an accident.
You could also claim special damages if you had also suffered financial loss due to the workplace injury.
Working Out Your Damages For A Workplace Injury
Legal professionals involved in cases in England and Wales look at the Judicial College Guidelines (JCG) to help value general damages. This publication includes guideline payout amounts for a variety of injuries. We have produced a table below containing figures from this publication.
|The higher end of the bracket is applicable to cases where the person experiences physical pain and their ability to communicate has been impacted.
|£324,600 to £403,990
|The level of award will depend on factors such as the person’s age, life expectancy, sexual function, pain, and ability of independence.
|£219,070 to £284,260
|Brain Damage – Very Severe
|The person may be able to follow some basic commands, but they will require full-time care and will show little response that is meaningful to their environment.
|£282,010 to £403,990
|Brain Damage – Moderate (i)
|The person will have a moderate to severe intellectual deficit, with their speech and sight impacted and a serious risk of epilepsy.
|£150,110 to £219,070
|Back Injury – Severe (i)
|The nerve roots and spinal cord have been severely damaged that cause immense pain.
|£91,090 to £160,980
|Neck Injury – Severe (i)
|Neck injuries that are usually associated with incomplete paraplegia or that result in spastic quadriparesis that is permanent.
|In the region of £148,330
|Amputation of Arms – Loss of One Arm (ii)
|One arm is amputated above the elbow. If the stump is short, it may make using a prosthesis difficult.
|£109,650 to £130,930
|Foot Injury – Severe
|Both feet or heels have been fractured which results in substantial restriction on mobility with permanent pain.
|£41,970 to £70,030
|Leg Injury – Serious
|Compound or comminuted fractures that will require prolonged treatment and result in instability in the leg.
|£39,200 to £54,830
|Injuries to the Pelvis and Hips – Severe (iii)
|The acetabulum has been fractures which will require an osteotomy and potential hip replacement surgery in the future.
|£39,170 to £52,500
Please note that these are only rough guidelines, and if you would prefer to get a more personalised estimate of your compensation, we would be happy to help. Please call our team to discuss your injury at work compensation claim.
When claiming statutory sick pay, a personal injury solicitor will look at various 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.
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 about accident at work sick pay.
Medical Related Costs
If an accident at work has resulted in an injury or illness, you will most likely receive treatment and care from the National Health Service (NHS). However, you could potentially claim about 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.
Are you seeking to claim for a work-related injury or sick pay in the UK? You might benefit from hiring a No Win No Fee solicitor. One of our solicitors may be able to help you with your claim on a No Win No Fee basis with a Conditional Fee Agreement (CFA).
Under a CFA, you will not need to pay your solicitor any upfront or ongoing service fees. Furthermore, if your claim for a work-related injury or sick pay is unsuccessful, you will not need to pay your solicitor for the work they have provided.
In contrast, should your claim for an accident at work or sick pay succeed, a success fee is taken from your compensation award by your solicitor. However, the percentage they take is capped by law.
If you would like to connect with a No Win No Fee solicitor, our advisors may be able to put you in touch. All you need to do is contact us to arrange a free consultation.
Start Your Workplace Injury Claim And Find Out ‘Will I Get Paid If I Am Injured In A Workplace Accident?”
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. All of this should help as you think, “sick pay at work will I get paid?”
‘Will I Get Paid If I Am Injured In A Workplace Accident?” – Accident at work sick pay- FAQs
‘Will I Get Paid If I Am Injured In A Workplace Accident?” – 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. 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. 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”.
It would help if you 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.
What are my rights after an accident at work?
You have the right to claim compensation due to the avoidable nature of the accident.
What happens if you don’t report an accident at work in the accident book?
This could lead to the organisation receiving a significant fine from RIDDOR.
Can I be fired for having an accident at work?
Legally, an employer cannot terminate your contract specifically due to you having an accident at work.
Is there a time limit for reporting an accident at work?
Yes, you have up to three years in which you’re entitled to claim after reporting an accident at work.
Can I sue my employer for stress and anxiety?
You can definitely do this as part of any compensation claims, but keep in mind the need for medical evidence to support this.
Can you be fired for medical reasons?
You cannot be discriminated against on medical grounds, though a medical condition may prevent you from fulfilling a role.
Will I get paid if I am injured in a workplace accident-do I need a lawyer?
Claiming after a workplace accident can be tricky. This is especially the case where it could be disputed or the liable party refuses to admit that your injuries are severe as they are. Fighting a claim is something that may be stressful for you, so why not consider using a personal injury solicitors help you with your playing. A solicitor could not only help take on the legal legwork pertaining to your claim, but they could also handle the negotiations for compensation on your behalf. This you could concentrate on your recovery while your claim progressed. We would be happy to provide you with no win no fee solicitors, authorised and regulated by the Solicitors Regulation Authority, to assist with your claim.
Will I get paid if I am injured in a workplace accident- should I choose a local lawyer?
It is not necessary for you to restrict your search for a lawyer to the local area. What should the claims process takes place nowadays over the Internet come out by email and by telephone. This means you could choose a solicitor that is based anywhere in the UK to handle your claim.
Could I make a claim if someone else is fatally injured in a workplace accident?
Unfortunately, some accidents in the workplace lead to fatalities, as you can see below.
If you have lost someone you loved in a workplace accident that was not their fault, you may be able to claim compensation. Please contact our team to find out more.
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?
Final words on “Will i get paid if i am injured in a workplace accident?”
Thank you for reading our guide to accident at work sick pay. Hopefully, we’ve answered the question, “Will I get paid if I am injured in a workplace accident?”. But please get in touch if you’re still thinking, “sick pay at work will I get paid?”