Sick Pay After An Accident At Work Do You Get Paid?
By Stephen Traynor. Last Updated 15th October 2021. If you’re wondering ‘what is sick pay at work and will I get paid it?’, this guide can help. Whether through illness or injury, you may be entitled to SSP or 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. So please keep reading on if you have queries such as ‘am I entitled to sick pay at work and will I get paid?’ 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 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 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.
Time limits for making personal injury claims
Did you know that personal injury claims have certain time limits that specify when they can be made? In most cases, the personal injury claims time limit is 3 years. In other words, claimants have up to 3 years to make legal proceedings for compensation.
This time limit is typically effective from the date of the incident in question or the date that you realised you suffered damage as a result of this incident. If you try to make a claim after this time limit has expired, you may miss out on being eligible to compensation.
However, in certain circumstances, this time limit could be altered. For example, if a claimant is mentally incapacitated and thus unable to make legal proceedings for themselves, the time limit will be frozen. Only when they regain the ability to make a claim will this time limit come into effect.
Alternatively, they could appoint a litigation friend in order to make a claim on their behalf. At this point, their litigation friend would have the usual 3 years to do so as the time limit would come into effect.
To learn more about how to make abdominal injury claims and to see whether you’re within the relevant time limit for your claim, please get in touch today for a free consultation.
Select a section
- What Is Statutory Sick Pay?
- Bad Employer Practices
- Accident At Work Sick Pay And Your Contract
- When Are You Not Entitled to Claim For Statutory Sick Pay?
- What Should You Do If Your Employer Refuses To Pay Sick Pay?
- What To Do When You Aren’t Entitled To Claim Sick Pay
- Accident At Work Statistics
- How Much Could I Be Owed For An Accident At Work? (Updated March 2021)
- No Win No Fee Accident At Work Claims
- How to Make An Accident At Work Compensation Claim
- Useful Links
- Sick Pay at Work: Will I Get Paid? (And Other Quick Questions)
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 employment contract has started.
- Are ill for four whole days or more. This is including non-working days such as weekends. The days need to be in a row.
- Earn more than an average of £120 each week.
- Not falling into one of the groups of people who are not eligible. (Read on to find out more.)
- 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.
For more information on sick pay rules, read on or get in touch with our team today for free legal advice.
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.
Statutory sick pay is currently paid for 28 weeks and is £95.85 a week. Whilst your employer cannot 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 to find the information you need. 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.
You are not entitled to be paid statutory sick pay (SSP) in the following circumstances.
- You’re currently self-employed.
- You have used up your allowance, ie. you have already received sick pay for the twenty-eight-week limit.
- 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 be technically a worker for that employer. If so, the answer to the question “am I entitled to sick pay at work and will I get paid it?” is yes. It is best to check if this applies to you and you can do so by contacting a solicitor. You’re welcome to contact Legal Expert for advice on this matter from our own solicitors.
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). Lines are open Monday – Friday 8am to 6pm 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.
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. In the event that 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.
In 2019/20, HSE reported that there were 28.8 million working days lost as a result of workplace injury. In 2018/19, workplace injury and ill health cost Britain an estimated £16.2 billion, the brunt of which (£9.6 billion) was borne by individuals rather than employers or the government.
HSE statistics also show the prevalence of different kinds of injuries that result in an absence from work of over 7 days. SSP begins from the fourth day of absence from work, so this isn’t a comprehensive look at instances that might result in SSP being appropriate.
The graph below (based on HSE statistics for 2019/20) shows the number of instances related to different sites on the body resulting in an absence of over 7 days. From this, we can see that the body part that is most likely to result in a longer absence if injured are injuries to the upper limb.
Having looked at the question “can I receive sick pay at work and will I get paid?”, we will now look at how much compensation is available for different injuries.
It’s difficult to put a value on personal injury claims after accidents in the workplace, as your final compensation will be based on a number of factors including how your injury has affected your quality of life and any financial losses you’ve experienced because you’ve had to pay for medication, treatment or any other costs related to your injuries.
Some examples of financial losses that you could recover as part of your personal injury claim include:
- Medical bills
- Loss of earnings and future loss of earnings
- Adaptation to property, such as a stairlift
- Care costs
- Domestic expenses, such as a cleaner
However, the table below gives a rough guide to the amounts that could be relevant to certain injuries. These are based on our previous experience with dealing with these kinds of claims.
|Brain damage- Very severe||£264,650 to £379,100||In these cases there will be little, if any, evidence of meaningful response to environment, little or no language function, double incontinence and the need for full-time nursing care.|
|Brain damage- Less severe||£14,380 to £40,410||In these cases the injured person will have made a good recovery and will be able to take part in normal social life and to return to work. There may not have been a restoration of all normal functions so there may still be persisting problems such as poor concentration and memory or disinhibition of mood,|
|Brain or head injury-Minor||£2,070 to £11,980||In these cases brain damage, if any, will have been minimal.|
|Neck injuries- Severe||£42,680 to £139,210||Ranging from injuries causing fractures or dislocations or severe damage to soft tissues and/or ruptured tendons that lead to chronic conditions and significant disability, to injury associated with incomplete paraplegia or resulting in permanent spastic quadriparesis or where the injured person has little to no movement after several years|
|Neck injuries- Minor||Up to £7,410||Relevant where a full recovery takes place between three months and one to two years|
|Back injuries- severe||From £36,390 to £151,070||Ranging from disc lesions or fractures of discs or of vertebral bodies or soft tissue injuries leading to chronic conditions to cases of the most severe injury involving damage to the spinal cord and nerve roots|
|Back injuries- minor||Up to £11,730||Relevant where a full recovery takes place between three months and two to five years|
|Pelvis and hip injuries- Severe||£36,770 to £122,860||Ranging from injuries such as the fracture of an arthritic femur or hip necessitating hip replacement, to extensive fractures of the pelvis resulting in other effefcts.|
|Pelvis and hip injuries- Minor||Up to £11,820||Includes cases where despite significant injury there is little or no residual disability.|
|Arm injuries- Amputation||Up to £281,520||Covers amputations of one or both arms, above or below the elbow|
|Arm injuries- Severe||£90,250 to £122,860||Injuries which fall short of amputation but which are extremely serious and leave the injured person little better off than if the arm had been lost|
|Arm injuries- Less severe||£18,020 to £36,770||While there will have been significant disabilities, a substantial degree of recovery will have taken place or will be expected.|
If you don’t see your injury in the table above, there’s no need for concern; you may still be able to claim compensation for your injury if it was the result of employer negligence. Get in touch with our team today for more information.
Although having a solicitor represent you isn’t necessary for a personal injury claim following an accident at work, it’s certainly the best way to make sure that you have someone with legal expertise to advise you on the process. But for many people, making the decision to have a solicitor work on their personal injury case is an expense that they cannot afford.
Luckily, our No Win No Fee Agreement means that there’s no financial risk to you when making a claim. With it, you won’t pay anything before your claim starts, or while it’s ongoing.
If your claim isn’t successful, then you won’t be asked to pay a penny. If you win your claim, then we’ll take a success fee from your compensation to cover the solicitor’s fees.
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 one of our representatives. Alternatively, you can email us, or use the ‘chat’ feature on our website.
As part of our conclusion for our guide on ‘what is sick pay at work and will I get paid it?’, here are some further resources:
Industrial Injuries Disablement Benefit
Information from the Government about how to claim industrial injuries disablement benefits.
Read the government’s advice on eligibility for SSP and how to claim.
Are you looking into SSP because of an illness or injury caused by your employer’s negligence? Find out what you can do by reading our guide.
Our guide gives you the ability to determine whether you could make a personal injury claim after an accident at work.
Being bullied at work can be extremely difficult. You deserve compensation. Read our guide to find out how you could claim.
In the final section of this guide, which focuses on the question ‘what is sick pay at work and will I get paid it?’, we’ve provided answers to some other frequently asked questions which are relevant to the main topic.
Does my employer have to pay me sick pay?
Your employer may offer Company Sick Pay, but they’re not obligated to. (Call your HR department or speak to your manager to find out if you can get CSP). However, your employer must pay Statutory Sick Pay, providing you meet eligibility requirements.
What happens when your employer stops paying sick pay?
You may be entitled to other benefits when your employer stops paying you sick pay. Take a look at our guide to find out more.
How much sick pay am I entitled to from my employer?
If your employer offers Company Sick Pay, you could be entitled to full or partial sick pay. If they don’t offer CSP, you could be entitled to at least £95.85 per week through Statutory Sick Pay.
How will SSP be paid?
You’ll receive SSP through your employer, and it will be paid to you in the same way that your wages are paid.
Can I receive SSP and Statutory Maternity Pay at the same time?
No. If you’re receiving Statutory Maternity Pay, then you’re not eligible to receive SSP as well.
Do I need to tell my employer to receive SSP?
Yes. Your employer may have set a deadline by which you need to tell them you cannot work. If this isn’t the case, you need to tell them within 7 days.
Do I need a doctors note to claim SSP?
You only need to provide a note from your doctor if you’re off sick for 7 days in a row or longer.
What should I do if I think my employer is wrongly not paying me sick pay?
If you feel that it’s unfair for you to not be receiving SSP, you can speak to your employer about why. You can get in touch with the Statutory Payment Dispute Team if you feel their reasoning is unfair.
Thank you for reading our guide ‘what is sick pay at work and will I get paid it?’.