Sick Pay After An Accident At Work Do You Get Paid?
Whether through illness or injury, you are often entitled to claim statutory sick pay if you need to take time off after your injury. Depending on your employer, role and contract type, you may also be entitled to get additional or top up sick pay. Depending on the severity of your accident and injury the amount of accident at work sick pay you could be entitled to can vary. You might also be able to claim for benefits.
For example, at the same time as receiving industrial injury sick pay, you may also be entitled to claim industrial injuries disablement benefit. As well as being entitled to claim for statutory sick pay and (in certain cases) additional benefits. You may also be able to claim for compensation from your employer. Making a claim for a personal injury in the workplace can be complicated and it is always best to talk to a solicitor and get the right legal advice. If you do want to make a claim following injury or illness at work you need to start the claim within 3 years of the accident occurring.
What Is Statutory Sick Pay?
Statutory sick pay is a specific amount of pay you are legally entitled to from your employer if you have to miss work due to illness or injury. Not all workers are entitled to claim statutory sick pay. To qualify for the payment you must be working for an employer (self-employed workers are not entitled to this). Criteria you must satisfy include;
- Are currently working for your employer, i.e. your contract has started.
- Are ill for four whole days or more. This includes usual non-work days such as weekends. The days need to be in a row.
- Earn more than an average of £113 each week.
- Not falling into one of the groups of people who are not eligible (see here).
- You have followed your employer’s procedures for claiming sick pay.
You can still be entitled to accident at work sick pay if you are a casual worker or are employed by an agency. Part-time workers and those on fixed term contracts are also entitled to claiming statutory sick pay.
Despite what many people may have read, you are still entitled to sick pay if you are employed on a ‘zero-hours-contract’. If your employer refuses you this, you need to ask them why they are not paying it.
Bad Employer Practices
Some employers make workers feel bad for claiming sick pay when they are off work due to an accident or illness. You should not be made to feel bad about claiming the sick pay you are legally entitled to. If you feel that your employer has treated you unfairly, have been disciplined as a result of a claim or have even been dismissed, you may be entitled to take action against your employer.
Accident At Work Sick Pay And Your Contract
Statutory sick pay is currently paid for 28 weeks and is £89.35 per week. Whilst your employer can not pay you lower than this amount, your contract of employment may entitle you to more for a specific period of time. Look in your contract for a section on ‘contractual sick pay’ for more information. If your contract doesn’t have this section, or if you do not have a copy of your contract of employment, ask your employer, check any online company resources or check a copy of the employee handbook.
When Are You Not Entitled to Claim For Statutory Sick Pay?
You are not entitled to be paid statutory sick pay (SSP) in the following circumstances.
- You are currently self-employed.
- You have used up your allowance, ie. you have already received sick pay for the twenty-eight-week limit.
- Where you have ended a full payment period within the last two months.
- If you have received ESA (employment and support allowance) within the last twelve weeks.
- Are already being paid maternity allowance(s) or statutory maternity pay.
- If you are pregnant and your baby’s due date is within the next four weeks, AND your sickness is related to your pregnancy.
- If you have given birth in the last fourteen weeks. (this increases to eighteen weeks if the baby was over 4 weeks early at birth).
- Are a member of the UK armed forces.
- When in legal custody.
- If you are an agricultural worker.
For some, even if your employer has listed you as self-employed, you may, in fact, be a worker. If so, you are entitled to sick pay. It is best to check if this applies to you and you can check with a solicitor or your local Citizens Advice Bureau.
What Should You Do If Your Employer Refuses To Pay Sick Pay?
If you have had an injury are legally entitled to accident at work pay, your employer has a duty to pay this. Common employer claims for not paying this (especially for small businesses) are that they can not afford to do so. If this is the case, there are steps you can take to recover the pay you were entitled to.
You should start by contacting HMRC (HM Revenue and Customs). You can call them on 0300 200 3500. Lines are open Monday – Friday 8am to 5pm and calls cost 12p per minute from a landline. Remember mobile calls will cost more and you could be on hold or in a queue for a while before getting through.
What To Do When You Aren’t Entitled To Claim Sick Pay
If you have had an accident at work one of the first things you should do is contact an experienced solicitor who can start to assess whether you are entitled to make a compensation claim for your accident, injury or illness. If you are not entitled to claim SSP you may be able to claim for Employment and Support Allowance.
If you think you are entitled to sick pay and your employer is not paying you, ask them to give you a letter detailing their reasons for not paying. This should be written in a form called an SSP1 or a Statutory Sick Pay and Employee’s Claim for Benefits form.
How to Make An Accident At Work Compensation Claim
If you have had an accident or been injured at work, you need to talk to a solicitor with experience in successfully winning personal injury claims. At Legal Expert, we are available to discuss your case and provide you with the knowledge and confidence to start your claim.
Contact us today by phone on 0800 073 8804 and speak to speak to one of our representatives. Alternatively, you can email us, or use the ‘chat’ feature on our website.
Industrial Injuries Disablement Benefit
Information from the Government about how to claim industrial injuries disablement benefits.
How To Make Work Related Illness Claims
Find out how to start a work-related illness claim for compensation.