By Brett Williams. Last Updated 12th August 2021. Naturally, you may question whether you could make a workplace accident claim if you have been injured due to your employer’s negligence. Throughout this guide, we are going to provide free legal advice and answer relevant questions such as “will i get paid if i am injured in a workplace accident?”
Being injured in a workplace accident could have more than just physical and emotional effects on you. It might also have financial consequences. If you’re asking ‘Will I get paid if injured at work?’ you might be worried about your financial situation. But did you know that even if your company does not pay you your full salary after an accident at work, if your employer is liable for your workplace injury, you could be paid after a workplace accident if you put forward a personal injury claim?
Within this page, we talk all about being injured in a workplace accident and answer questions such as:
- Who pays the compensation when an employee is injured?
- Do I get full pay if injured at work?
- What to do after an accident at work?
- What are my injury at work rights?
- What is the personal injury claims time limit?
We will talk through the claims process, explaining the personal injury claims time limit, providing an alternative to a personal injury claims calculator, and explaining how a no win no fee personal injury solicitor could help if you are injured at work. Read below to find out more, or call 0800 073 8801 if anything within this guide is not clear, or if you’d like to begin an injury at work claim.
Select A Section
- A Guide To Getting Paid If Injured In A Workplace Accident
- What Is A Workplace Accident?
- What Procedures Should I Follow If Injured In A Workplace Accident?
- What Duty Of Care Does My Employer Have?
- Am I Entitled To Employer Sick Pay Or Statutory Sick Pay?
- What Is Statutory Sick Pay?
- How Much Could My Statutory Sick Pay Entitlement Be?
- Could My Employer Refuse Me Sick Pay?
- Am I Eligible For Industrial Injuries Disablement Benefit?
- How Long Do I Have To Claim If Injured In A Workplace?
- What Injuries At Work Could I Be Paid For?
- Injured In A Workplace Accident Compensation Claims Calculator – Updated August 2021
- No Win No Fee Injured In A Workplace Compensation Claims
- Speak To Our Accident Claims Experts
- Resources And Guides
Depending on where you work, your employer’s sick pay could vary, with some employers providing generous sick pay, and some providing nothing more than what is legally required. Should you be in a position where you were injured in the workplace, however, you might wonder ‘will I get paid if injured at work’. In terms of how you are paid after a workplace accident, it might depend on how long you are off work for, and your company’s sick pay policy. However, if it was your employer’s fault that you were injured, you might be interested to know that no matter what the sick pay policy your workplace has, you could be paid after a workplace accident not just for lost earnings but also in terms of compensation for your injury.
Within the sections below, we provide information on accident at work procedure, what happens if you are dismissed after an accident at work, answering questions like ‘can I be sacked for having an accident at work?’ ‘Do I get full pay if injured at work?’ and ‘I had an accident at work, what are my rights?’. We also talk about the importance of finding an accident at work solicitor who would help you fight your claim for compensation. We hope you find the information here useful.
A workplace accident is an accident that happens while you are at work. This could be on the road, in an office, on a building site or even at a client’s premises. The nature of the work that you do and the place you do the work in should be assessed for risks before you carry out such work and your employer should ensure that the risks are as low as can be reasonably expected to avoid workplace injury. They could do so by providing relevant safety training, fitting guards to machinery, providing you with the PPE required to do the job safely, setting your workspace up correctly and ensuring the workplace’s foreseeable risks are counteracted as much as possible. If they do not do so, and you become injured in a workplace accident, you could look at getting paid after a workplace accident for the injury you’ve sustained and the financial implications of such an injury.
Should you be injured in a workplace accident, you could follow the below procedures to help to strengthen any claim you may wish to make, to get paid after a workplace accident.
- You should report what has happened as soon as you possibly can
- You should get medical help as quickly as possible
- You should ensure that your accident is written in your employer’s accident book. If the employer you’re working for does not have a book, then you should write details of what’s happened down, and make a copy for yourself, giving them the other.
- If you are unable to report the incident due to your injuries, then you should make sure someone else does completes an accident report in the manner above,
- Make sure if it is a reportable injury – see here – that it is reported to the relevant authority.
The procedure above could give you a strong chance of receiving benefits you could be entitled to, as well as strengthening your claim for being injured in the workplace.
Your employer, as mentioned above, owes you, as an employee, a duty of care as to your safety and wellbeing while you are under their employ. This is as per the common law duty of care as well as health and safety and employment law. There is a wide range of actions that could be considered necessary to protect the health, safety and wellbeing of staff and these could include:
- Consulting with staff on issues that could affect them
- Giving opportunity for staff to raise matters of concern
- Protecting employees from being discriminated against
- Protecting employees from being bullied or harassed
- Providing areas for employees to rest or relax
- Making sure staff do not have to work excessive numbers of hours
- Providing training that is relevant to their role, as well as performance feedback
- Ensuring a safe working environment
- Undertaking relevant risk assessments
- Clearly defining tasks
If your employer failed to take care of you in this manner, and you were injured in a workplace accident, then you could look into getting paid after a workplace accident as part of a compensation claim.
If you are classed as an employee – and you are not classed as self-employed, if you were injured in the workplace, then according to the law you should be entitled to SSP (Statutory Sick Pay) IF you meet the below criteria:
- Your were working for the employer in question
- You followed the employer’s rules for being entitled to sick pay
- You are not in an ineligible category
- You earn an average wage of £116 before tax per week
- You have 4 or more sick days off work – this includes non-working dates
You may be wondering ‘do you get paid after an accident at work’ in a number of different circumstances. Here we answer a few FAQs on this:
- Do you still get paid if you get hurt at work if you’re part-time?
- Do you get paid if you have an accident at work under a fixed contract?
- I had an accident at work, do I get paid if I am a casual worker?
- Do I get paid if I get injured at work as an agency worker?
- Will I get paid if injured at work on a zero-hours contract?
The answer to all these questions is, if you were left injured after an accident at work, and you were not able to work, you could be entitled to still receive SSP.
If your employer refused to pay you SSP after an accident at work which meant you couldn’t perform the duties of your job, you could ask them for an explanation as to why they are not paying you. If you’re unsatisfied with their response and are left fearing you would be dismissed after an accident at work, you may wish to ask a personal injury lawyer ‘Can I be dismissed after an accident at work?’ – You may be reassured by the information they give you.
Statutory sick pay is money that is paid for you – at a set level if you are unable to work because of ill-health or injury. If you are unable to work, then your employer would pay this up to 28 weeks. You must qualify for SSP, and you must have been away from work for 4 days or more in a row. The statutory amount is the minimum you would get. There is a possibility to get more than the SSP basic level if your employer has a scheme for sick pay. This should be written into your contract of employment, so it might be a good idea to check this.
The current SSP level is £94.25 per week. This could be paid for up to half a year (28 weeks). The days when you would usually be at work and are off sick are known as qualifying days. Should you be eligible, you’d get a payment for SSP for all of the days that qualify but not for the first 3, which are known as waiting days.
If you’ve received statutory sick pay within the 8 weeks preceding this incident, then you might get paid for waiting days for this incidence. Should you work at more than once place, you could receive SSP from more than one employer. It should be paid at the normal time and in the normal way as you would receive your usual salary, and tax and national insurance should be deducted from this.
There are a few incidents in which you might not get paid after an accident at work in terms of SSP. These could include if you were:
- You’ve already had statutory sick pay for 28 weeks within the preceding 8 weeks
- You’ve received ESA (Employment and Support Allowance) within the preceding 12 weeks
- You’re on statutory maternity pay or maternity allowance
- You’re pregnant and the child is due within 4 weeks, and you’re off work because of a pregnancy-related reason
- You’re working in the armed forces
- You’ve given birth in the preceding 14 weeks (18 if your baby was born 4 weeks or more early)
- You’re in prison
- You’ve been detained by law
- Your work is in the agricultural sector
If you develop an industrial disease or illness in the workplace and are classed as disabled because of this, you could be entitled to look at getting paid after an accident at work in terms of IIDB.
You would have to prove that your disablement/illness/disease occurred at your work or on a training scheme or course you were on was approved.
A medical advisor would asses you and give a report on the percentage of disablement you suffered. If this is over 14% then you could receive IIDB.
You cannot claim this if you are classed as self-employed. If you would like to know more about how this could be paid after an accident at work, then why not call our team for clarification.
In terms of injuries that happen from one-off incidents, you would usually have a period of three years; this limitation period begins the day of the accident in most cases.
However, there could be exceptions to this – they could be because your industrial illness or injury was not discovered until later, or you could not have known that the condition was because of your work before. You might also have longer if you have not had the capacity to claim – ie you were badly injured and could not claim as you didn’t have the mental or physical ability to claim at the time. For time limit information specific to your case, just call us and we’ll clarify.
In terms of the injuries you could receive compensation for, there could be two different types of compensation you could be paid after an accident at work.
The first would relate to accidents that happen once, causing you immediate harm. This could include:
- Fall accidents
- Slip accidents
- Trip accidents
- Burn accidents (fire, electrical or chemicals)
- Being struck by an object
- Machine related injuries
- And more….
If your employer was deemed to be liable for the accident in question, then you could – in terms of compensation – get paid after a workplace accident.
The other type of personal injury claims you could look into are those that develop over time, because of the workplace or the work that you do. These could include:
- Industrial deafness
- Vibration white finger
- And more…
If you’re wondering how much compensation you could claim for an accident at work, you might be interested to know that it is not just your injury (general damages) that you might be compensated for if you’re injured in a workplace accident. You could claim the costs for things such as care costs (if someone has had to come and help you with daily tasks such as washing, dressing etc) or you could claim for losses in your income that might occur because you have had time off work because you needed to recover from your injuries and could not complete your usual work while you did so. In terms of being off work for a longer period in the future, either through disablement or further surgery being required later on, which you will have to recover from, an award for this prospective loss could be considered. As well as this, special damages could include claiming back the cost of prescriptions, mobility aids, adaptations to your home and more.
If you have a cost that you’re unsure would be covered, why not call our team and we could help to work this out for you. We would be happy to help.
Will I get paid if injured at work? Quite possibly, you could as part of a compensation claim. Some people use a personal injury claims calculator to work out an approximation of what their claim might be worth, but on this page, we have provided an alternative solution. Below, you will find information pertaining to certain injuries that could be suffered in an accident at work. We have provided the bracket compensation amounts that the Judicial College has issued for these injuries below. Please do bear in mind that this is only a guide, and each claim is different in terms of how much you get paid after a workplace accident.
|Area of injury and severity||Bracket||Notes|
|Loss of one of the hands||£90,250 to £102,890||Could be because of amputation or because you’ve lost function entirely|
|Both hands – Serious damage||£52,310 to £79,360||You could have reduced function. This could be permanent|
|Wrist Injuries – Minor||In the region of £6,970||Dislocations, sprains etc – Quick healing|
|Arm Injuries – Less severe||£18,020 to £36,770||Short term limitation of use but with eventual healing|
|Ankle Injuries – Moderate||£12,900 to £24,950||Serious sprains, simple fractures, should heal fully|
|Back injuries – Minor||Up to £2,300||Bruising, cuts and sprains that heal quickly|
|Back injuries – Moderate||£26,050 to £36,390||Ligament and muscle damage, painful until healed|
|Back injuries – Severe||£85,470 to £151,070||Lasting effects on life from injuries such as broken backs|
If you don’t see the specific injury/issue you have sustained, then our helpline could help to provide this information. Why not give us a call to see what bracket your workplace injury could fall into.
You might notice that we mentioned working with a no win no fee solicitor for your workplace injury claim earlier on in this guide. Here, we will explain just what this means and how it could benefit you. In terms of getting started, you would first discuss the terms of a no win no fee agreement with your solicitor. They would explain to you how much (percentage) of your settlement figure they would be taking in legal fees, but they should not ask you for money upfront to begin your claim. You might wish to know that there is a limit on how much the solicitor could be paid after a workplace accident claim has been settled. The government have set this as a quarter of your payout.
Once the agreement (also known as a CFA) has been signed, then the personal injury lawyer would be able to begin the process of building a case against the liable party. Then, once your claim was settled, they would be able to take the pre-agreed percentage of your settlement from the settlement itself and the rest would be yours.
This obviously could lead to less financial risk to you, but as well as this, you could benefit from knowing that your lawyer would not be taking on your injured in a workplace accident claim without being confident that they would have a good chance of success. In addition to this, you would be aware – and so would your lawyer – that the legal fees would be impacted by the amount of compensation paid out, so you’d know your lawyer would be trying naturally to get as much as they could for you.
How a personal injury solicitor will process your workplace injury claim
When we’re asked, “Will I get paid if I am injured in a workplace accident?”, one of the next questions is, “Can I claim compensation for my injuries?”. As we’ve demonstrated throughout this guide, claims are possible if you’re injured in a workplace accident caused by your employer’s negligence. The big caveat to that is that you must be able to prove how their negligence caused the accident and how it led to you being injured. If you don’t have evidence or the ability to demonstrate what happened, you could miss out on the compensation you might be entitled to.
That’s why we believe you should let a personal injury lawyer step in and help you. If they take your claim on, your chances of winning the case could improve and you could win a higher amount of compensation.
Our solicitors are thorough and make sure that all aspects of your suffering are considered before filing your claim. By doing so, they can ensure that nothing is missed out. This is important because only one claim is possible and you can’t ask for more once you’ve settled.
You’ll get regular updates during the case and your solicitor will manage every aspect of the case for you. If there are any objections raised by your employer’s insurer, they’ll try to counter them by supplying further evidence. Importantly, your solicitor will do all they can to make sure you are compensated fairly for your suffering.
Should you have any more questions about making an injured in the workplace accident claim, or even if you’re ready to get started with a personal injury claim, here at Accident Claims UK we could provide all the answers, support and guidance you need to move forward. From giving you more information about the no win no fee claims process, to advising you on the accident claims time limit applicable to your claim, we work tirelessly to make sure you are fully informed about every aspect of making a claim. If you’d like us to, we could also assist with connecting you with an appropriately experienced solicitor who could work to handle your claim for you.
We know only too well how stressful the thought of making a claim could be, and we work hard to make sure that you experience as little stress as possible when making a claim so that you could work on your recovery and moving forward after your injury. To benefit from our experience and assistance, simply call 0800 073 8801, fill out the contact form or use the live chat on this page. We’re happy to help in any way we can.
Information about Statutory Sick Pay – The government’s page on SSP can be found here.
Health and safety statistics – Here you could see the information that the HSE provide on statistics.
Health and Safety Act – This takes you to legislation about health and safety at work.
Head injuries – If this is the injury you’ve suffered, then this guide could offer useful information.
Fatal accidents – Here is a guide compiled to offer guidance on fatal accidents.
Information on dislocation injuries – If this is the type of injury you’ve had to suffer, then this page could offer some guidance.
Will i get paid if I am injured in a workplace accident FAQ
What is considered a workplace accident?
A workplace accident is when an unplanned on controlled incident occurs. In return, it can cause damage to property as well as physical harm to workers. For instance, some of the most common workplace accidents are slips, trips and falls, repetitive motion injuries, carpal tunnel syndrome, and hit by moving objects.
Do I get paid if I get injured at work?
By law, your employer is not obligated to pay you sick pay, even when you are injured from a workplace accident. However, if you require time off from a workplace accident (that wasn’t your fault), you could have grounds to claim these losses back.
Must I begin my claim within a certain timeframe?
For a compensation claim to be a success, you must begin your case within a designated timeframe of 3-years. The limitation period comes into action from the date of the incident. Therefore, if you fail to begin your claim in this allotted timeframe, then the validity of your case could be affected.
Please note that there are exceptions to the limitation period for certain cases. So, if you are uncertain whether your case meets the required timelimit, then please contact our team today.
Can I claim on behalf of an injured loved one?
If a loved one in rendered mentality unable to pursue their own claim, then you could have grounds to make a claim on their behalf. Cases of this nature often fall under the Mental Capacity Act 2005. Thankfully, our team of personal injury lawyers are well versed in handling cases of this nature, so please contact us to learn more.
Thank you for taking the time to read our guide. We hope to have answered “will i get paid if i am injured in a workplace accident” in length. However, if you happen too have any questions, please feel free to contact our team to learn more.