By Marlon Marquardt. Last Updated 6th January 2023. In this guide, we focus on the question ‘Do I get full pay if injured at work?’
Not every employer offers their employees full sick pay if they are absent from work due to an injury. This can have a detrimental effect on an employee’s finances. However, if you are unable to work for some time due to an injury or an illness that was caused by employer negligence, you may be eligible to receive compensation. This compensation would not only cover your pain and suffering but also, any losses and expenses you have incurred because of your injury. Special damages could recuperate any lost wages you have experienced in a successful claim
In this guide, we will explain how to make a claim for a workplace injury if caused through a breach in the duty of care owed to you We also, aim to answer all the questions you may have.
If you were injured at work due to the negligence of your employer or another party, you may be owed compensation. Call Public Interest Lawyers today to enquire about making a personal injury claim for compensation.
You can call our advisors on 0800 408 7825 and if we can see that you have legitimate grounds to claim compensation. We could connect you to a solicitor to start working on your claim and give you an answer to ‘Do I get paid if I get injured at work?’ Call us today—we’re looking forward to speaking with you.
Choose A Section
- Do I Get Full Pay If Injured At Work In The UK?
- What Are Injuries That May Happen At Work?
- Compensation Calculator For Injuries Sustained In The Workplace
- Damages For Lost Income And Other Financial Losses
- Do Employers Have to Give Work-Related Injury Sick Pay in the UK?
- Could You Be Refused Sick Pay By An Employer?
- Am I Eligible To Claim Any Other Industrial Benefits?
- What Steps Should I Take I Suffered An Injury At Work?
- What Duty Of Care Am I Owed By An Employer?
- Accident At Work Claims On A No Win No Fee Basis
- How To Start Your Claim
- Quick References
We’re often asked, “if I get injured at work, do I get paid?” However, this can depend on your contract. In some cases, if you are unable to work due to your injuries, even if they were caused by your employer’s negligence, there is no legal requirement for them to continue paying your salary if it’s not stipulated that they should in your contract.
Alternatively, some contracts may include clauses that state your salary will remain the same even for scenarios such as illness or injuries.
You do have the right to claim Statutory Sick Pay (SSP). If eligible, you can receive up to £99.35 if you are unable to work due to sickness or injury. It is payable for up to 28 weeks. Whilst it is paid by your employer, they then are reimbursed by the government.
Additionally, it’s possible that your employer may have some variation of a sick pay scheme in place. It may not cover your entire salary, but it could be worth more than the amount you would receive in SSP.
Get in touch if you need more information on the subject of a work-related injury and sick pay in the UK.
Are you wondering ‘Do I get paid if I get injured at work?’ Whether you get compensation could be determined by different factors, including how likely it is that your employer was responsible for your injuries.
Workers are protected by legislation in the UK, known as the Health and Safety at Work etc. Act 1974. It sets provisions for employers to be responsible (as reasonably as possible) for providing a safe working environment. If an employee is injured or becomes ill because of employer negligence, the employer could be held liable for their injuries. As a result, the injured worker could make an injury claim for compensation.
What types of injuries can occur in the workplace? Here are some common types of accidents that have the potential for resulting in injuries at work. They could happen due to health and safety hazards:
- Slipping or tripping accidents due to hazards resulting in a fall. These could cause soft tissue injuries, back injuries or broken bones.
- Fires and chemicals could cause burns.
- Being struck by a moving or falling object. This could result in traumatic head injuries.
- Being injured by faulty machinery. For example, a factory worker could get their hand stuck or crushed in a faulty machine.
If you have experienced avoidable injuries because of an accident at work, you may be eligible to claim compensation. It could be paid through your employers’ liability insurance, which they should have in place to cover them for such events.
If you make a successful injury claim for an accident at work, you could be awarded from two heads of claim: general damages and special damages. General damages is compensation for the pain, suffering and loss of amenity caused by your injuries. Special damages reimburse you, the claimant, for any monetary losses incurred due to your injuries, such as medical expenses.
You have an option to use an online personal injury claims calculator to estimate how much compensation you could claim. However, these are not always accurate. The table below has been compiled with reference to the Judicial College Guidelines, a routinely updated publication. Solicitors may use it, along with other evidence, to value your claim. You could use the below table to estimate how much money you could be awarded in general damages.
These figures have been taken from the most up-to-date guidelines, published in April 2022. Please remember that these figures are not guaranteed as every claim is unique.
|Nature and severity of injury
|Information about the injury
|Less severe arm injury
|There will or will have been significant injuries.
|£19,200 to £39,170
|Less severe elbow injury
|The injury may affect the persons ability to use their elbow joint in an effective way and could reduce the usability of the joint.
|£15,650 to £32,010
|Moderate ankle injury
|This ankle injury could include soft tissue injuries to the ligaments and structure of the joint or fractures to the bones.
|£13,740 to £26,590
|Moderate foot injury
|Moderate foot injuries could include a broken or fractured bone in the foot or could include a soft tissue injury.
|£13,740 to £24,990
|Moderate shoulder injury
|The injury could restrict the persons ability to use or move their shoulder using this joint and its structures.
|£7,890 to £12,770
|The compensation amount will depend on how serious the fracture or break of this bone is.
|£5,150 to £12,240
Every compensation claim is different due to conditions unique to the individual. So, we recommend that you call Public Interest Lawyers today to speak to an advisor about how much compensation you could receive and to answer the question, ‘Do I get paid if I get injured at work?’ We will be happy to provide you with an accurate quote based on your personal circumstances.
If your claim happens to be successful, you could also receive special damages to reimburse any expenses you incurred due to your injury. Special damages could also cover you for any future expenses you may have. For example, you could recover the cost of an operation which is scheduled in the near future but not provided by the NHS. Special damages can also compensate you for medical expenses, travel expenses, care expenses, mobility equipment expenses and home or car adaptation expenses.
You may not receive your salary while you are off work recovering from your injuries. In that case, you could claim special damages for loss of income. This could include missed salary payments, as well as, lost in-work benefit payments, and also, damages to compensate you for loss of future income. For example, if you have missed out on payments into a pension plan, you may be awarded funds to compensate for these losses.
Call Public Interest Lawyers about the option of claiming back any lost income.
Accident At Work Sick Pay – What It Can Include
As we’ve said, you could be able to claim compensation for the financial losses you suffer because of your injury.
An example of this can be in your pay. If you had received benefits or sick pay for your work-related injury, and your sick pay was less than your usual pay, then you could be able to claim the difference back in compensation. If you had not been paid at all, then as we said, you could be able to claim compensation for the full amount of income you lost.
If you would like to learn more about what you claim or what you should do if you were injured at work to get paid the correct amount of compensation, then please reach out to one of our advisers.
If you’ve suffered harm in an accident at work that has resulted in you needing time off, you may be wanting to know your rights in relation to sick pay. If you’ve worked in roles where full sick pay is provided by your employer, you may assume that it’s a requirement of employers to offer this. This isn’t the case.
Your employer is under no obligation to provide you with sick pay unless it’s outlined in your contract. As such, if you’ve been injured at work, regardless of whether the accident was caused by employer negligence or not, you may not receive sick pay. This is one of the reasons it can be important to claim – the financial losses caused by being unable to work could be substantial.
However, in certain cases, you may be eligible for Statutory Sick Pay (SSP) from the government. You can potentially still make a claim for loss of earnings even if you are eligible for SSP. However, the amount you receive in SSP will be deducted from your lost income special damages payment.
Please read on to learn more about the criteria that makes someone eligible to receive SSP. If you have any queries about claiming for an accident at work, please contact us for free legal advice using the above details.
What Is The Law On Sick Pay?
To receive SSP you must meet the following criteria:
- Firstly, your average pay is above £120 per week before tax.
- Secondly, you’re sick for four days or more due to your injuries or illness or have been told to self-isolate due to Covid-19.
- Thirdly, you abide by your employers’ rules for getting sick pay.
- Last but not least, you’re not in a category that is ineligible for SSP.
You could claim SSP if you have experienced an injury or illness that was caused by an accident at work. SSP is paid by your employer.
Contractual Sick Pay Payments
Of course, not everyone works full-time as a permanent employee. Some people might want to know: ‘Do I get paid if I get injured at work and I am a part-time worker?’ or ‘Do I get paid if I am injured at work and I’m a zero-hours contract worker?’ You could still be able to claim SSP if you work in one of these categories.
‘Do I get paid if I get injured at work and am on a fixed-term contract, are an agency worker or a casual worker?’ Potentially, yes; you could receive SSP. If you have already agreed to work on a future contract or assignment, you may be eligible to claim SSP for the remainder of the 28 weeks that you can receive it, or until the end date of the agreed-upon contract, if that comes first.
There are some circumstances where people do not meet the criteria to claim Statutory Sick Pay. These include the following:
- You are self-employed.
- You’ve received employment support allowance (ESA) in the past 12 weeks.
- In the past 8 weeks, you have already received 28 weeks of SSP.
- You’re pregnant, are due to give birth in the next four weeks and you wish to claim SSP for a condition which is related to your pregnancy.
- You’re receiving statutory maternity pay or are on Maternity Allowance.
- You work in agriculture.
- You’re in the armed forces.
- You have been detained by the police or you are in prison.
- You have given birth to a child during the previous 14 weeks. Or if your baby was 4 or more weeks early, in the previous 18 weeks.
If you find that you’re ineligible for SSP, you may be wondering ‘Do I get paid if I get injured at work?’ You could still have other options for income. Check the Citizens Advice link in section 2 of this guide to find out more. You could also call us for free legal advice about claiming.
You may also be entitled to receive Industrial Injuries Disablement Benefit (IDB) if you have suffered injuries at work that resulted in a lasting disability. If you are now dependent on a carer such as a family member to assist you, they may be eligible to receive a carer’s allowance.
How much money can you receive for IDB? How much you could receive depends on the level of your disability. The severity of this will be assessed on a scale of 1% to 100%, with 100% being the most serious.
This table shows how much weekly Industrial Injuries Disablement Benefit you could receive, depending on the level of your disability:
|Severity of an injury
|Weekly payment amount
Your employer should have a procedure in place for dealing with employee injuries. If you are seriously injured at work you should prioritise your wellbeing and seek the appropriate medical treatment right away. You could also take steps to collect evidence in case you are eligible and decide to claim personal injury compensation for your injuries.
If you are injured at work due to an accident that was not your fault, you can take the following steps:
- Report your accident to your employer and make sure that the accident is recorded accurately in the Accident Report Book. The time, place, date, type of accident and injuries sustained should all be recorded.
- Visit a GP or a hospital Accident & Emergency department (if applicable) for the appropriate treatment. If you are critically injured or ill, dial 999 for an ambulance. Not only could you get the medical treatment you need, but your medical records could be used as evidence to support any claim that you make.
- Take photographs of your injuries and the hazard that caused them.
- Speak to eyewitnesses to the accident. Takedown their names and contact details in case you need them to provide a statement to support you later.
- Keep the receipts of any purchases you make relating to your injuries. These could be used as evidence to support your claim and you may be able to claim the costs back as special damages.
Legislation such as the Health and Safety at Work etc. Act 1974 outlines that employees and workers are owed a duty of care by their employer. This means that the employer must take reasonable steps to ensure that the working environment is safe and hygienic. If an employer neglects their duty of care and an employee suffers an accident at work and is injured, the employer could be held liable for the employees’ injuries. As a result, the employee could claim compensation from their employer.
To prevent accidents at work, employers’ responsibilities in the UK could include:
- Conducting regular risk assessments and identifying potential health and safety hazards.
- Applying control measures to remove or minimise health and safety hazards.
- Provide training to perform work-related activities safely.
- Regularly checking equipment for faults.
- Allowing staff to raise concerns about potential health and safety hazards.
- Allowing employees to take breaks in rest areas.
- Clearly defining tasks that employees are supposed to perform in a way they can understand.
Essentially, when asking the question, ‘Do I get paid if I get injured at work?’ the answer is not always straight forward. Our team is here with free legal advice, 24/7 if you’d like to call or message our live chat to find out more.
If you have been injured at work, you could be entitled to compensation. If you are eligible to claim, we recommend you seek legal help.
Our panel of accident at work claims solicitors may be able to help you on the condition of a No Win No Fee agreement. This would mean that your solicitor would deduct a legally capped success fee from your compensation amount if your claim succeeds. If your claim fails, you will not be obligated to pay your solicitor for their work.
If you get in touch with our advisors, they could provide free advice on topics such as work injury pay, accident at work sick pay and what to do after being injured at work. If you discuss your potential claim with them and they feel you have a good chance of success, you could potentially be connected to a solicitor from our panel.
Call Public Interest Lawyers today to discuss making a personal injury claim. If you have legitimate grounds to claim compensation we could connect you with a No Win No Fee solicitor to handle your case.
Get in touch by:
- Calling Public Interest lawyers today on 0800 408 7825.
- Sending a quick message through our live chat on this page.
- Contacting us through an online message.
Our advisors are here for you 24/7 and you’re under no pressure to use our services after talking.
We hope you have found this guide helpful and feel it has answered any questions you may have, especially ‘Do I get paid if I get injured at work?’ You may also find these guides helpful:
How To Make Claims Against Public Liability Insurance Guide?: Personal injury compensation claims
Accident In Public Not My Fault – How To Claim Injury Compensation For A Non-Fault Accident?: Liability in personal injury claims explained.
For more information on pay after you’re injured at work or work-related injury sick pay in the UK, get in touch with our team.
Article by AH