In this guide, we focus on the question ‘Do I get paid if I get 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
- A Guide On Do You Get Paid If You Get Injured At Work?
- What Is Pay For Injuries At Work?
- What Are Injuries That May Happen At Work?
- Compensation Calculator For Injuries Sustained In The Workplace
- Damages For Lost Income And Other Financial Losses
- Getting Different Types Of Sick Pay
- 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?
- No Win No Fee Work Injury And Special Damages Claims
- How To Start Your Claim
- Quick References
If you have experienced an injury due to an accident at work that wasn’t your fault, you may be anxious about your finances. This could be especially true if you’ve had to take time off work to recover from your injuries and have missed out on wages.
In this guide, we will look at what rights workers have if they are injured at work during an accident that wasn’t their fault, and what responsibilities employers have towards them. If you have been injured at work and it was through no fault of your own, you may have grounds to make a personal injury claim.
We’ll also make sense of legal jargon such as ‘duty of care’ and how that could be breached. To help you estimate general damages, the definition of which we’ll explain, we’ve included a handy table. It shows potential compensation figures for different injuries and gives an idea of how yours could be valued.
To find out more about beginning a claim, call our advisors today. If you do choose to call us for free legal advice, remember: it’s not mandatory that you proceed with our services. We’ll only put you in touch with our panel of solicitors if you choose that option.
Do I get paid if I get injured at work in the UK? In the UK, some employers offer Company Sick Pay (CSP). Employee eligibility for CSP differs from company to company. One company could provide CSP to cover employees’ full salaries for up to six months, whereas another could provide it at less than full salary rates and dependant on the length of service. There is no legal obligation for employers to provide this, however. We recommend that you check your employment contract to see what sick pay you are entitled to.
If you are an employee in the UK you could be entitled to Statutory Sick Pay (SSP). SSP is £95.85 a week and is payable if you’ve been ill for at least 4 consecutive days. You also need to be classed as an ‘employee’ by your employer and earn at least an average of £120 per week. SSP is available to those eligible for up to 28 weeks.
At the time of writing, people who are unwell due to the Covid-19 virus or are self-isolating are also entitled to claim SSP from the first day they begin to isolate. This Citizens Advice Bureau guide to SSP has more information as well as tips for checking if you’re eligible for SSP.
Unfortunately, £95.85 a week might not be enough for people to live on long-term. However, if you have experienced an injury due to the negligence of your employer you may be eligible to claim personal injury compensation to recover these lost finances.
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.
- Asbestosis, which can be caused by exposure to asbestos chemicals.
- Vibration White Finger (VWF) which can be caused by using vibrating tools for excessive amounts of time.
- Industrial deafness and/or noise-related hearing loss, which can be caused by being exposed to excessively loud noises for long periods.
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.
Nature and severity of injury Information about the injury Potential settlement
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. £14,690 to £30,050
Less severe arm injury There will or will have been significant injuries. £18,020 to £36,770
Moderate shoulder injury The injury could restrict the persons ability to use or move their shoulder using this joint and its structures. £7,410 to £11,980
Fractured Clavicle The compensation amount will depend on how serious the fracture or break of this bone is. £4,830 to £11,490
Moderate ankle injury This ankle injury could include soft tissue injuries to the ligaments and structure of the joint or fractures to the bones. £12,900 to £24,950
Moderate foot injury Moderate foot injuries could include a broken or fractured bone in the foot or could include a soft tissue injury. £12,900 to £23,460
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.
As we have mentioned, not every worker or employee is entitled to receive company sick pay from their employer. If you do not receive sick pay as part of your employment contract, you may feel anxious about whether or not you will get paid if you have an accident and are injured at work. Many workers could be eligible to claim Statutory Sick Pay. You can read more about what criteria you need to meet to claim SSP below.
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.
Making a personal injury claim for a workplace injury is a great way to attempt recovery financial losses if you get injured at work due to a breach in the duty of care owed to you. Your payout could include reimbursement for loss of income.
If you have decided that you want a solicitor to represent you and your case opting for one that works to a No Win No Fee agreement may be a wise option. A No Win No Fee agreement is also known as a Conditional Fee Agreement. It is a contract between you and your solicitor that details on what condition the solicitor will be paid.
If your case was won, a capped percentage would be taken from your awarded compensation to pay your solicitor’s fees. If the case is lost you would not be required to pay your solicitors fees. Ther are no fees to start the case or while the case is in progress.
To begin your No Win No Fee claim, call Public Interest Lawyers today. If you have legitimate reasons to claim compensation, we could connect you with a skilled personal injury solicitor to start working on your claim.
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.
Article by AH