Will I still get full pay if I am injured at work?

Man at home off work with broken leg

If you have to take time off work due to illness, you may be eligible to receive sick pay.

Sick pay is usually payable regardless of whether you have to take time off work because of a work-related accident or illness, or are ill for any other reason.

How much sick pay will I get?

If you are eligible, you can make a work accident claim for compensation including lost wages. You can claim for the difference between the sick pay you have received, and your normal salary (including any commission or bonuses you would normally have received).

You can also claim for lost wages if you are unable to work for longer than your company’s maximum period that sick pay covers (e.g. 28 weeks).

What is Statutory Sick Pay (SSP) after a work accident?

In the UK, the current rate of Statutory Sick Pay, or SSP, is £109.40 per week.

By law, your employer must pay SSP for up to 28 weeks, but your contract may specify a longer period.

Am I eligible for SSP?

To qualify for SSP, you must be an employee and have done some work for your employer. This means that you cannot receive SSP if you are sick from the day you were due to start work.

Based on the current rate of SSP, you must earn at least £123 per week, and have been ill for at least 4 consecutive days (including non-work days). This means that if you work Monday to Friday, and were ill off work starting on Friday, the first day you can receive SSP is the following Tuesday (if you are still ill).

Who pays SSP after a work accident?

Your employer must pay SSP, using the same method as your normal salary. If you are normally paid weekly, SSP will be paid weekly. You may also receive SSP from multiple employers if you have more than one job.

Tax and National Insurance is deducted from SSP.

You should follow your company’s procedure for notifying them that you are sick and cannot work. If your employer doesn’t have a set deadline, you must notify your employer within 7 days.

If you fail to notify your employer of your absence due to illness, you may be unable to claim SSP.

My employer is refusing to pay sick pay - What do I do?

If you have not been paid SSP and believe you are eligible, you should first contact your manager, supervisor or HR representative. There may be an administrative error, or you may not qualify for SSP.

If your employer is refusing to pay SSP, or you believe you aren’t being paid the correct amount, you can contact HM Revenue and Customs (HMRC) or contact Citizens Advice for help.

Can I still make a work accident claim if I receive sick pay?

Yes. The compensation you can claim after an accident is calculated on the basis of several factors. Your compensation sum will include:

  • General damages for the pain and suffering you have experiences, and,
  • Special damages for the financial losses you have incurred, including lost wages.

To calculate your lost earnings, your solicitor will take into account the sick pay you have received. So, if you only received SSP, you can claim the difference between the SSP you did get, and salary you would have normally received if you had been working.

If you received your full wages as sick pay, with no deductions, then you haven’t actually ‘lost’ any salary, and therefore this won’t be factored in when calculating your work accident compensation. This approach ensures that your actual loss is compensated for.

How do I start a work accident claim?

The first step is to contact a solicitor for a FREE initial claim assessment.

You can find out if you have a claim in minutes by speaking to a legally trained advisor on 0800 376 1001. Your solicitor will put no pressure on you to proceed with a claim.

If you have any questions, or would like to start a No Win No Fee work accident claim, we are open:

Mon-Fri 8am-9pm, Sat 9am-6pm, Sun 9:30am-5pm

Alternatively, you can arrange a call back from a friendly, legally-trained advisor:

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Chris Salmon, Director

Author:
Chris Salmon, Director