Last Updated On 28th October 2024. “Do you get full pay if injured at work?” Anyone can find themselves asking this question. In 2022/23, there were an estimated 35.2 million working days lost to illness and non-fatal injuries, according to the Health and Safety Executive (HSE). The HSE monitor health and safety in Britain’s workplaces.
Worrying about money while injured is a situation that comes with stress and uncertainty during a time when getting better should be the priority. You should know that you are not alone and that you have options.
This guide will help you to understand those options. It will set out whether you are eligible for Statutory Sick Pay, and, if your employer caused your injuries, important information about personal injury claims and recovering lost earnings.
If you have ever asked this question, do not hesitate. Our panel of injury solicitors can start the vital work of helping you today. Get in touch:
- Call us on 0800 408 7825. Our lines are open 24/7.
- Contact us via our query page.
- Click the live chat button below.
Browse Our Guide
- Do I Get Full Pay If Injured At Work?
- Can I Get Statutory Sick Pay?
- How Do I Claim For Loss of Earnings?
- Contact Us To See If You Can Claim For A Workplace Accident
- More Resources About Accident At Work Claims
Do I Get Full Pay If Injured At Work?
There is no statutory requirement for employers to provide full pay if you are injured at work.
However, you may receive full pay if:
- Your employment contract includes a sick pay scheme.
- Your employer agrees to pay you during your absence.
- You have an illness insurance policy that pays you if you cannot work.
Continue reading to learn more about whether you get full pay if injured at work.
Can I Get Statutory Sick Pay?
Employers need not provide full pay if you are injured at work.
They do have to pay £116.75 per week for up to 28 weeks starting after your first 3 days of absence. This is called Statutory Sick Pay (SSP) and is paid by your employer in the same way in which your wages are normally paid.
Eligibility for Statutory Sick Pay will depend on your employment status and personal circumstances.
- You must be classed as an employee.
- You must earn more than £123 per week on average.
- You must tell your employer you are unable to work.
- You need a sick note for more than 7 days of SSP.
Your rights upon an accident at work are not limited to SSP. If your employer caused your injury, you may be able to claim for loss of earnings as part of a personal injury claim.
To know more about SSP and what else you can do to recover lost income, reach out to our panel using the details above. An advisor can help assess your question, ” Do I get full pay if injured at work?”.
How Do I Claim For Loss of Earnings?
You can claim for loss of earnings as part of a personal injury claim by proving that your employer was negligent. This can help you get full pay if injured at work. However, you will need evidence that proves employer negligence occurred.
Negligence is proven by showing that:
- Your employer had a duty of care.
- They breached their duty of care.
- That breach caused your injuries.
All employers have a duty of care under the Health and Safety at Work Act 1974, which means that they need to take reasonable steps to protect the safety of their workforce.
Examples of employer negligence include:
- You hurt your back lifting with the incorrect manual handling technique your employer taught you.
- You fell down the stairs at work and sustained a head injury because of an untended spillage.
- You were injured in a construction accident due to poorly assembled scaffolding.
- A colleague ran over your foot while operating heavy machinery due to lack of training.
- Your employer did not properly maintain Personal Protective Equipment (PPE), leading to you inhaling toxic fumes or experiencing chemical burns.
Accident At Work Compensation
To make a personal injury claim against your employer, you would need to show that your employer caused or failed to take reasonable steps to prevent your injury. If your accident at work claim is successful, your settlement may consist of two heads of loss.
The first head is called ‘general damages’. This compensates for the physical pain and mental suffering caused by the accident. The second head is called ‘special damages’. It is under this head that you could be compensated for your loss of earnings. Special damages will need evidence to prove the financial losses you are claiming for, such as your wage slips.
Other items you could claim for include:
- Medical expenses.
- Travel expenses.
- Loss of future income.
- Care costs.
- Home and vehicle conversion.
Click here to see more about how compensation payouts are calculated.
Split Liability Claims
Your employer may be partly to blame for the accident that caused your injuries. The Health and Safety at Work Act 1974 makes your employer liable for your conduct and training where health and safety is concerned. Even if you were injured while not wearing a hard hat, for example, your employer may share liability with you.
However, you may receive less compensation in this scenario. If the blame was 50% yours, you may only receive 50% of the compensation. For example, if the hard hat was supplied, but you didn’t wear it, nor did your employer enforce the policy.
To better understand your case, please contact our panel using the details at the top of this page.
Contact Us To See If You Can Claim For A Workplace Accident
Now we’ve answered the question, “Do I get full pay if injured at work?” this section examines how you can begin your claim with a highly experienced work injury solicitor from our expert panel.
Contact our advisors for a free assessment of your eligibility. Once our team have deemed your potential claim valid, they can connect you with one of the highly experienced solicitors from our panel of experts.
The solicitors on our panel offer their services under a No Win No Fee contract called a Conditional Fee Agreement (CFA). The CFA gives claimants some very desirable benefits including:
- Not having to pay a fee for the solicitor to begin work on the claim.
- No fees during the claims process itself and,
- Finally, not paying any fee if the claim does not succeed.
You’ll receive personal injury compensation will be awarded to you if you win the claim. A percentage of the compensation awarded will be deducted as the solicitor’s success fee. As The Conditional Fee Agreements Order 2013 caps these fees at 25%, you know you’ll be keeping the majority of any compensation.
- Call us on 0800 408 7825. Our lines are open 24/7.
- Contact us via our query page.
- Click the live chat button below.
More Resources About Accident At Work Claims
Further guides that might be useful:
- The Most Common Accidents at Work – some frequently asked questions.
- What is RIDDOR? – more about how injuries need to be reported.
- Who Pays Your Compensation? – a guide on payouts and insurance.
External links that might help you:
- Sick Pay Entitlement – the UK Government’s guide for employers.
- Sickness Absence in the UK Labour Market – analysis from the Office of National Statistics.
- Sickness and Absence – further advice from the Healthy and Safety Executive.
Thank you for reading our guide on whether you get full pay if injured at work. With our help, you can.
