Advice On Sick Pay After Suffering An Injury At Work

If you’re unable to work after suffering an injury, you could be entitled to sick pay. This guide explains your rights in full.

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A Guide To Your Legal Rights If You Get Injured At Work

By Megan Black. Last Updated 7th March 2024. In this guide, we explain your legal rights if you suffer an accident at work.

We explore whether or not you’re entitled to get paid if you get injured and have to take time off work, the criteria for making a claim for an injury at work, and how our experienced No Win No Fee solicitors can help you take action today.

You can get free legal advice by reading our guide below, contacting us online using our live chat or contact form or by calling us for free on 0800 073 8804.

a man holding his back after getting injured at work

Select A Section 

  1. What Are My Rights After An Accident At Work?
  2. If I Get Injured At Work Do I Get Paid?
  3. Do I Get Full Pay If Injured At Work?
  4. Do I Have The Right To Claim Compensation For An Injury At Work?
  5. Compensation Payouts For Accidents at Work
  6. Legal Expert Can Help Protect Your Rights
  7. Learn More About Your Rights If Injured At Work

What Are My Rights After An Accident At Work?

To help answer the question, “I’ve been injured at work, what are my rights?”, it is worth looking at what responsibilities are held by employers to protect the safety of their employees.

All employers are responsible for the health and safety of both their employees as well as any visitors to their premises (these could be customers, suppliers or the wider public). Additionally, there are regulations as well as accident at work procedures for hazardous environments as well as industrial settings.

All employers must carry out a risk assessment in line with HSE guidelines. They must then carry out the steps necessary to ensure the health and safety of employers and visitors. This included training and employing enough first aiders and providing suitable first aid equipment.

Could I Get Sacked For Having An Accident At Work?

In most cases, the answer is no. However, if you were deemed at fault for causing the injury, then your employer could use this as a justification for sacking you.

In cases where your employer has sacked you wrongly, you could make a separate claim for unfair dismissal.

We’ve compiled a comprehensive guide on the question of accidents at work and dismissals, which you can read here.

If I Get Injured At Work Do I Get Paid?

You may want to know, ‘If I get injured at work, do I get paid?’ As stated above, if you suffered any injuries in a workplace accident and required time off work while you recover, you might be eligible for sick pay, depending on your contract.

You may also be eligible for Statutory Sick Pay (SSP). However, you may still be out of pocket if your wages are higher than this figure or if you make pension contributions that aren’t covered by sick pay.

What Is Statutory Sick Pay?

Statutory Sick Pay (SSP) is a government scheme that ensures you receive some form of income if you have to take time off work due to illness.

It’s possible to claim SSP after the third working day you’re off sick. However, if you’re absent for longer than 8 weeks, you can receive money for these first 3 days.

As of March 2024, the SSP rate is £109.40 per week. It’s paid by your employer in place of your normal salary. It’s possible to receive SSP for up to 28 weeks.

Tax and National Insurance are still deducted from SSP. If you feel you’re being taxed too much, you can speak to your employer or contact HMRC directly, the body responsible for taxation.

Agency workers are also entitled to sick pay, so is anyone classed as an employee who earns at least £123 a week.

To claim SSP, you need to prove you have an illness that prevents you from working. This can be done by obtaining a fit or sick note from the likes of your GP, a hospital doctor, or a nurse.

To get SSP today, you simply need to speak with your employer. For more advice on how to claim it, head here.

Do I Get Full Pay If Injured At Work?

The answer to this question lies in your employment contract. Let’s break it down:

  • Your contract should have a section titled “sickness” or “absences”. Here you’ll find out your rights to sick pay
  • Some firms do not pay sick pay. By law, they do not have to, but they must pay you SSP if you’re off work for some time
  • Some companies may pay sick pay in full for a limited period of time. For example, 2 weeks or even 2 months. After this runs out, you’ll move on to SSP for up to 28 weeks

Additionally, you could claim for a loss of earnings under special damages in your workplace injury claim. We’ll look at special damages in more depth later in this article.

Call our advisors to discuss what special damages you could recover in a personal injury claim. They could also offer you free advice for your specific claim.

Do I Have The Right To Claim Compensation For An Injury At Work?

Under the Health and Safety at Work etc. Act 1974, your employer owes you a duty of care. Per this duty, they must ensure your health and safety while in the workplace so far as is reasonably practicable. In the section above, we listed some examples of the steps your employer could take to maintain their duty of care.

If you have been injured at work, you may be able to make an accident at work claim. However, you must be able to meet the relevant eligibility criteria, which is:

  1. Your employer owed you a duty of care.
  2. They breached this duty of care.
  3. Due to this breach, you suffered an injury.

For example, if your employer failed to provide you with sufficient manual handling training, this could cause you to suffer a back injury while you are performing your lifting and carrying duties due to poor technique.

To see whether you may be eligible to make a claim for compensation for an injury at work, you can contact our friendly team of advisors today.

How Long Do I Have To Claim After A Workplace Accident?

If you’re interested in making an injury at work claim, it’s important to note that you must start proceedings within the relevant time limit. This time limit is three years, as set out by the Limitation Act 1980, and begins on the date you were injured. 

The time limit freezes for those injured while under the age of eighteen. A litigation friend can start legal proceedings at any time while the time limit is frozen, otherwise, the limitation period will begin on their 18th birthday and end when they turn 21.

Similarly, the time limit is suspended indefinitely for claimants who lack the capacity to claim for themselves. The time limit only applies if they regain the capacity to claim for themselves; if not, a litigation friend can bring a claim on their behalf at any time. 

Our team of advisors are here to help. Get in touch today to find out if you are within the time limit to make a work injury claim.

Compensation Payouts For Accidents at Work

You may be interested to know how much you could receive in compensation in a successful injury at work claim. Accidents at work compensation can be divided under two heads of damage:

  • General damages compensate for the pain and suffering that is caused by your injuries. You may also be awarded compensation for any loss of amenity, which is when your injuries reduce your quality of living.
  • Special damages are awarded for any financial harm or losses that are directly caused by your injuries in the workplace. For example, if you need to take time off work to recover and therefore suffer a loss of earnings.

Legal professionals can use the Judicial College Guidelines (JCG), updated in April 2022, to help value general damages in a claim.

The figures in the table below have been taken from the JCG, but should not be taken as guaranteed as every case is assessed individually.

Edit
Injury Compensation Range Notes
Multiple Severe Injuries Plus Special Damages Up to £500,000+ Multiple severe injuries plus compensation for special damages such as a loss of earnings.
Very Severe Injury Resulting from Brain Damage £282,010 to £403,990 The level of award within this bracket is influenced by the impact of the injuries on your life expectancy.
Severe Back Injuries £91,090 to £160,980 Incomplete paralysis is likely as is an impaired bladder or bowel.
Severe (i) Neck Injuries In the region of
£148,330
Headaches are severe and prove to be intractable.
Severe Psychiatric Damage Generally £54,830 to £115,730 The extent of treatment affects the award within this bracket.
Total or Effective Loss of One Hand £96,160 to £109,650 If your hand that was damaged was your more dominant one, you would be awarded more.
Very Serious Severe Leg Injuries £54,830 to £87,890 You will need crutches for the remainder of your life.
Wrist Injuries (a) £47,620 to £59,860 An arthrodesis may need to be performed.
Severe (iii) Knee Injuries £26,190 to £43,460 Ongoing pain and discomfort is likely.
Moderate Ankle Injuries £13,740 to £26,590 You may struggle walking on uneven ground.
Modest Foot Injuries Up to £13,740 There is a strong chance of suffering from a permanent limp as well as aching.

Our expert solicitors could use their expertise to more accurately value your claim following an accident at work. To get in touch, pop up to an advisor using our online chat feature.

Legal Expert Can Help Protect Your Rights

If you are eligible to make a personal injury claim following an accident at work, one of our solicitors could help you with your case. They could assist you with gathering sufficient evidence, filing your claim within the correct time limit and negotiating a compensation settlement on your behalf.

Furthermore, one of our solicitors may offer to work on your work injury claim on a No Win No Fee basis by offering you a Conditional Fee Agreement. With this contract in place, you will not need to pay them for their legal services upfront or while your claim is progressing. You also won’t be required to pay for their work if they are unsuccessful in obtaining compensation for you.

Should they succeed, however, you will have to pay them a success fee. This fee will be taken directly from your compensation as a legally limited percentage.

Contact our advisors today to see if you could work with one of our No Win No Fee solicitors. They could also offer you free advice for your case and answer questions such as, ‘I was injured at work, what are my rights?’. Connect with them today by:

Learn More About Your Rights If Injured At Work

If you’d like to learn more about accident at work claims, we’ve included some helpful links below:

  • Compensation Claim Time Limits – Find out how long you have to make a personal injury claim after an accident or injury with this guide.
  • No Win No Fee Claims – Read our guide on how to make a successful no win no fee compensation claim, whether you have been injured at work or in another setting.
  • NHS- First aid – An NHS guide to administering first aid.

Below, you can find a list of guides which may tell you more about injury at work claims:

If you would like to speak to an advisor about your rights to getting sick pay or paid in full by your employer after an accident at work, get in touch.

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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