Can You Claim Compensation If You Did Not Take Time Off Work?
By Lewis Cobain. Last Updated 1st February 2023. If you’re wondering ‘can you claim compensation if you did not take time off work?’ then this guide can help.
If you did not take time off for your injuries or illness. Can you still claim compensation if you did not take time off work? If you take time off work after an accident, this is often used as evidence towards the severity of your injuries when making a personal injury claim. Depending on the nature of your injury or illness, and your job role, it may not be necessary for your to take time off. If you can keep working, and if you want to do so, you have the same rights to claim compensation as if you did take time off.
Read the rest of our guide below to find out more about whether you can claim compensation if you did not take time off work and how much compensation you may be entitled to. You can also start your claim by calling us now on 0800 073 8804
Select A Section
- A Guide To Accident At Work Claims With No Time Off
- Should I Take Time Off After An Accident?
- Had An Accident At Work But Didn’t Take Time Off – Will I Need Evidence Of My Injuries?
- What Can I Claim Compensation For After A Personal Injury?
- Examples Of Compensation For Different Injuries
- How To Make A No Win No Fee Claim If You Did Not Take Time Off Work After An Accident
- Why Legal Expert Are Best Placed To Help You
- Talk To Our Team today
- Useful Links
In this guide, we’ll address the question of ‘can you claim compensation if you did not take time off work?’.
It is a fairly common misconception to think that you can not claim compensation if you carried on working. In fact, we are often asked “can I claim compensation if I did not take time off work?” The answer is almost always yes. Whether or not you took time off does not affect your ability to claim. If you did carry on working, or if you were given time off work at full pay, you will not be able to claim for lost earnings in your compensation claim as you did not lose any. You are, however, still entitled to be compensated for your injury and any other effects it has had on you, as well as, other costs encountered.
The choice of whether or not to take time off work after an accident should depend upon how you feel and any medical advice you have been given. However, there are things you can think about when deciding what to do. Sometimes people are worried and may ask questions such as “do I get paid if I get injured at work”, prompting them not to take time off. Remember, you should get statutory sick pay, as well as compensation for lost earnings if you do so.
Start by looking at how serious are your injuries and what type of injury do you have. If you have to stay in hospital this will likely mean missing work. If you suffer an injury which leads to some moderate pain you may still be able to work. The average time off for whiplash is not that long.
Next, look at what your job involves on a day-to-day level. Will your injuries prevent you from carrying out tasks, or would the be aggravated by them? If you have a physical job you may need to take time off work, especially after a manual handling accident. If you work in an office where you sit all day and have a relatively easy commute, even after a road traffic accident you may not need to take time off.
The most important part of your decision should be based on medical advice. What are your doctors telling you. Remember as part of your accident at work rights, you have the right to take time off if you need to do so. You may also be told that going back to work too soon could make your recovery much longer.
If you do take time off, you need to follow your employers procedure for how to report injury absence.
As with any type of workplace accident claim, you will need to prove your injuries in order to claim. Following an accident at work, No Win No Fee solicitors are not likely to take on your claim if you have no evidence that you have been injured.
If you had an accident at work, we have featured some examples of evidence that can prove your injuries:
- Photographs of your injuries
- A diagnosis from your doctor or medical professional
- Hospital records that prove the extent of your injuries
- A report in your workplace accident book with details of your injuries
Not all types of evidence are listed above. We can offer you further information on what evidence may be used in your claim. We can also answer any questions such as, ‘I had an accident out of work, what can I claim?’.
If you’re wondering ‘can you claim compensation if you did not take time off work?’, you may also be wondering what damages could be compensated.
As with any personal injury claim, there are several components which can go towards the final settlement you recieve. If you are going to claim compensation if you did not take time off work, the bulk of your claim could be in general damages for the injury itself. The next part of a claim for an injury at work, no time off will be special damages (excluding loss of income). In this case you could be entitled to claim for medical expenses, the costs of treatment, getting to and from doctors appointments and other related travel costs. You can also claim for the costs of care if needed, though if able to work it is less likely that you will need to make this type of claim.
If you’re wondering ‘can you claim compensation if you did not take time off work?’, you may also be wondering how much you could be entitled to.
In our personal injury compensation calculator below, we look at some of the most common types of injury suffered as a result of accidents in the workplace. These figures should be taken as illustrative as the final amount you could be entitled to will also reflect any of the other forms of compensation listed above. Your award will also reflect the severity and nature of your injury, and the impact it has had upon your everyday life.
Updated May 2021.
|Affected body part and severity of injury||Notes||Compensation|
|Severe (i) Neck Injuries||Injury which will have a permanent affect on you.||In the region of
|Severe (a) Wrist Injuries||Loss of function.||£47,620 to £59,860|
|Serious (b) Wrist Injuries||Serious fractures which will take a long time to heal. During recovery the wrist will not be able to be used.||£24,500 to £39,170|
|Moderate (i) Neck Injuries||Will be very painful and recovery will take time.||£24,990 to
|Less Serious Hand Injuries||Crush injuries which will not fully heal.||£13,570 to £27,220|
|Serious Thumb Injury||Long term damage to the soft tissues which will not fully recover.||£12,590 to £16,760|
|Moderate Hand Injuries||Serious lacerations which will require surgical intevention.||£5,720 to £13,280|
|Moderate Thumb Injuries||Damage to the tendons or nerves which will heal over time.||£9,670 to £12,590|
|Minor (i) Back Injuries||Soft tissue damage which will not leave permanent symptoms.||£7,890 to £12,510|
Figures in the table above are taken from the Judicial College guidelines.
No win, no fee agreements are also sometimes called Conditional Fee Agreements (CFA) and they are a way of offering legal services to clients. The agreement will set out the conditions under which your personal injury lawyer will conduct your accident at work no time off claim. It will also state how they can expect to be paid as well as when. The CFA will also say what you can expect to pay the solicitor. This means everything is agreed upfront and you will not have to worry about the circumstances of making a payment.
We offer these types of agreement to help our clients through what can be a difficult time physically, emotionally, and even financially. It means there are no upfront costs, and no big bills you are unable to pay. If your solicitor does not win your case, they won’t charge you a penny.
Are you wondering ‘can you claim compensation if you did not take time off work?’. If so, please don’t hesitate to get in touch with our team at Legal Expert today for free advice and support.
We work with a panel of dedicated and specialist personal injury solicitors and lawyers across the country. Whilst every personal injury claim is unique, we will always try to find a solicitor or lawyer who has a wealth of experience in claims similar to yours.
You can start your claim today by calling our team on the number above. You can also use the contact us form on this page, or send us the details of your claim in an email to email@example.com, requesting a call back.
However you get in touch, talk to our team now and find out whether you can claim compensation if you did not take time off work.
‘Can you claim compensation if you did not take time off work?’ and other FAQs
What qualifies as a work-related injury?
Regardless of whether an employee was injured while working from home, in the workplace or out on a job somewhere, they could be entitled to make a work-related injury claim if their employer was responsible for them at the time.
Does my employer have to pay me if I am off sick?
If you need time off work for your work-related injury, your employer is required to pay you Statutory Sick Pay (SSP) if you meet eligibility conditions and you’re off for more than 4 days in a row. However, please be aware that SSP is different to your usual wage.
How long after an accident can you make a claim UK?
Personal injury claims have a 3-year time limit, meaning if you wish to seek compensation, you must do so no longer than 3 years after the accident date or date of knowledge.
Can I claim on behalf of someone else?
By acting as a litigation friend, you could be able to pursue a claim on behalf of someone else, whether that’s your next of kin, your child or a loved one.
Should I get a lawyer?
Though there isn’t technically any legal requirement for claimants to have a lawyer, they can significantly increase a claim’s chances of success and even maximise the final settlement figure.
What is a No Win No Fee agreement?
By claiming on this basis, you enter into an agreement with your lawyer stipulating that you only have to pay them on the condition that they win your claim. Therefore, you’d only pay them using a small chunk of your settlement rather than having to pay out of pocket.
How much could compensation could I claim?
As claims are valued on a case-by-case basis depending on the severity of each claimant’s suffering, there’s no way of estimating your payout without looking into your circumstances. Therefore, please get in touch today if you’d like a free consultation.
Should I accept first offer of compensation?
If you choose to work with a lawyer from our panel, they will handle every step of your claim. Therefore, when it comes to making big decisions, such as which offer of compensation to accept, you can rely on their guidance to secure you the maximum compensation that you deserve.
How can I contact Legal Expert?
Please refer to our contact section for some options of how to get in touch. In the meantime, you can use our chat feature to get a live response from one of our specialist advisors now.
Below, you can find a list of guides which may tell you more about accident at work claims:
- Discover more answers to your queries on our accident at work FAQs page
- Can I claim compensation if I’ve left the company?
- Can you lose your job if you claim against your employer?
- Injured due to tiredness or fatigue – can I claim?
- I hurt myself at work, can I make a claim?
- What to do if you cut off your finger at work
- I suffered a burn injury at work, how much could I claim in compensation?
- How to claim compensation for industrial dermatitis
- I was injured at work – what are my rights?
- Is my employer liable for an accident at work?
- What should I do if I hurt myself at work?
- Who pays my medical bills if I’m injured at work?
- Can I make a claim if injured in my probation period?
- Who pays damages in an accident at work claim?
- I slipped on water at work, can I make a claim?
- Does my employer pay my medical bills if I’m injured at work?
- Do you have to be an employee to make a workplace injury claim?
- I am a new employee, can I make a claim?
- How do you prove an accident at work claim?
- Do you need to be an employee to make a workplace accident claim?
- What happens if you do not report an injury or accident?
- Can I make a claim if I’m an agency worker?
- I was dismissed after an accident at work, what should I do?
- If I was partly at fault for an accident can I still make a claim?
- I am self-employed and had an accident at work, can I make a claim?
- I had an accident at work due to no safety boots – can I make a claim?
- Can an apprentice make an accident at work claim?
- I suffered a head injury due to no helmet – can I make a claim?
- Can I claim if injured because of no safety goggles?
- What is the time limit for an accident at work claim?
- What are my employers’ responsibilities after an accident at work?
- Will suing my employer create problems?
- How to make a claim for inadequate tools and equipment
- What is the maximum weight I can lift at work?
- I had an accident at work, what are my rights?
- Who has the overall responsibility for recording injuries at work?
- How long after an injury at work can I make a claim?
- I fell down the stair at work, can I make a claim?
- Learn more about accident at work claims here