Do I Get Full Pay If Injured At Work?

By Lewis Houston. Last Updated 6th September 2023. In this guide, we’ll look at whether you could get full pay if you’re injured at work. All employers have a responsibility to uphold the duty of care they owe you. For that reason, if they breach their duty of care causing you to suffer harm, you may be able to make an accident at work claim.

However, there are many factors to consider when looking at whether you will receive full pay. This will usually depend on the policy your company has on sick pay. We’ll explore this further in our guide.

We’ll also look at whether you could recover any loss of earnings when making a personal injury claim.

Here at Public Interest Lawyers, we can offer advice on your potential legal options if you’re injured at work in an accident that wasn’t your fault. If you have any questions after reading, please get in touch with our team using the details below:

  • Telephone: 0800 408 7825
  • Online form: Fill out the contact form with your query.
  • Live chat: Chat with an advisor using the live chat function below.

Do I get full pay if I'm injured at work?

A guide exploring if you get full pay if injured at work

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Do I Get Full Pay If I’m Injured At Work In The UK?

There are several factors to consider when asking the question, ‘Do I get full pay if injured at work in the UK?’ Firstly, you should check your employment contract. It could be company policy for you to receive sick pay when taking time off work due to injury or sickness.

If you suffer a work related injury and need an extended period of time off to recover, you could be entitled to claim Statutory Sick Pay (SSP). This is paid by your employer for up to 28 weeks, and you can receive up to £109.40 per week. In order to be eligible for SSP. you must be classed as an employee, earn at least £123 per week and have off work for 4 days in a row (including non-working days).

You may also be able to claim back a loss of earnings under special damages as part of your personal injury claim. We will discuss this in more depth further in this guide.

Get in touch with us if you have any questions about accident at work pay. Our advisors are here to help and can be reached 24 hours a day, 7 days a week.

Can I Be Sacked For Having An Accident At Work?

Under legislation including the Employment Rights Act 1996, an employer should not dismiss one of their employees simply for being in an accident at work or for being injured at work. An employer can only dismiss one of their workers (or take other disciplinary action) if they are responsible for causing the accident.

So, if you were not responsible for becoming injured at work, your employer should not dismiss you in response to this. If your employer was to sack you for this, then you may be able to claim against them for unfair dismissal.

What To Do If You Don’t Get Full Pay If Injured At Work

If you’re concerned you’re not getting the right level of sick pay, there are a few things you can do, such as:

  • Read your employment contract to find out if and how much you should get.
  • Talk to your employer and ask them whether there is an issue with your sick pay.
  • If you don’t think your employer has calculated your SSP correctly, you could take the issue to HM Revenue & Customs for a resolution.

For more information on what you can do if you’re not getting the correct sick pay, as well as an answer to the question “do I get full pay after being injured at work?”, call our team.

What Should You Do If You Get Injured At Work?

If you’ve been injured at work and would like to claim compensation, you will need to prove that employer negligence was directly responsible for your injuries. Your employer owes you a duty of care under the Health and Safety at Work etc. Act 1974 (HASAWA). To make an accident at work claim, you will need to prove that your employer failed to take all reasonably practicable steps to ensure the health, safety and welfare at work of their employees and this caused your injuries.

So, what should you do if you get injured at work? Following a workplace injury, you could gather evidence to support your claim.

Examples of evidence that’s helpful in work injury claims include:

  • Accident log book. These are a legal requirement in workplaces with ten or more employees. When reporting the workplace accident, you could ensure that your name as well as the date and relevant details are recorded.
  • Witness contact details. Any witnesses could provide a statement later.
  • For example, you could request CCTV or if anyone recorded what happened on their mobile phone, this could be submitted.
  • Injury photos. If you have any visible injuries, you could submit photographs.
  • Accident scene photos. For example, if you were injured due to broken railings, you could submit a photograph of these.

If you want to know more about work-related sick pay in the UK, contact our advisors. They can offer free legal advice, including help on what you could submit as evidence.

What Can I Claim If Injured At Work?

You may be able to claim compensation from your employer if they caused you harm by breaching the duty of care they owed you. Your compensation settlement may comprise of:

  • General damages: This is compensation for any physical or psychological damage caused by someone’s negligence.
  • Special damages: This covers any financial losses incurred as a direct result of your injuries. It may only be possible to claim for special damages through a personal injury claim if you are entitled to claim for general damages.

In order to accurately calculate the value of your injuries, you may be invited to attend a medical appointment with an independent medical expert. This assessment will generate a report which will be used to value your claim.

The table below shows example compensation brackets outlined in the Judicial College Guidelines (JCG). The JCG is a document often used by legal professionals to help value claims.

These figures have been taken from the sixteenth edition of the JCG, the latest one available, published in April 2022. Please note the figures in the table should only be used as a guide as your actual settlement will vary. For a more accurate assessment of your claim that takes your individual circumstances into consideration, speak with a member of our team today.

Type Of Injury Additional Injury Details Compensation Bracket
Loss of One Arm (b) (ii) Where a person has lost one arm that’s been amputated above the elbow. £109,650 to £130,930
Pelvis And Hip Injuries (a) Severe: (i) An extensive fractured pelvis as well as a lower back joint dislocation and a ruptured bladder. £78,400 to £130,930
Asbestos-Related Disease (a) Where mesothelioma has resulted in severe pain and a severe impact on someone’s quality of life. £63,650 to £114,460
Back Injuries (b) Moderate: (ii) A back injury that has affected the ligaments and muscles resulting in back ache and soft tissue injuries that may accelerate or exacerbate a pre-existing condition. £12,510 to £27,760
Ankle (c) Moderate: A fracture or ligament tear that results in difficulty walking on uneven ground. £13,740 to £26,590
Deafness/ Tinnitus (d)(iii) A case of mild tinnitus as well as noise induced hearing loss resulting from a prolonged period of noise exposure at work. £12,590 to £14,900
Chest Injuries (e) Where toxic fume or smoke inhalation has left some damage but no permanent impact on lung function. £5,320 to £12,590
Injuries Affecting Sight (h) Examples might include a minor injury caused by exposure to fumes or being splashed by liquids. The injury might cause initial pain and interfere with vision temporarily. £3,950 to £8,730
Hand-Arm Vibration Syndrome (d) A minor case where only a few fingers are affected and symptoms are occasional. It may also have some effect on work and leisure. £2,990 to £8,640
Neck (c) Minor: (i) A soft tissue injury that fully recovers within two years. £4,350 to £7,890

Injured At Work Pay – Can I Also Claim Special Damages?

If you’ve been injured at work your pay may be affected. If you make a claim, however, you can get this back through a claim for special damages. Any financial harm or out-of-pocket expenses incurred as a result of your accident at work are covered under this head of claim. It’s worth noting that you will also need to provide evidence of any losses that you attempt to recover.

Below are some examples of special damages typically included in work injury claims:

  • A loss of earnings – taking time off work to recover from any injuries may affect your earning capacity. You could use payslips to demonstrate this loss.
  • Prescription fees – should you have to pay for medication to alleviate symptoms of your injuries, a receipt of your prescription may be used to prove this expense.
  • Care costs – if you suffer serious injuries, such as a broken hip, you may require a carer to assist you with daily activities. Retain any invoices from your carer as evidence of their costs.

If you have any questions about claiming for an accident at work and sick pay, please don’t hesitate to get in touch. Our advisors work around the clock and can answer your queries free of charge.

Talk To A No Win No Fee Work Injury Claim Lawyer

You may want to have a lawyer represent you in your claim but be hesitant because of the large legal fees this can incur. However, you could hire a personal injury solicitor to represent your claim on a No Win No Fee basis.

This means there are no upfront fees to pay to get your claim started. If the claim fails, you also do not need to pay your solicitor anything at all.

You only pay them a small fee, which is legally capped, if the claim is a success. The fee is taken from your compensation.

Our panel of solicitors work on this basis and could take your claim on, provided it is valid. If you’d like to learn how you could work with a solicitor from our panel, get in touch with our team.

Alternatively, you may want further clarification on claiming compensation if you did not get full pay after being injured at work. If so, use the information below to reach out to our team for some help.

  • Telephone: 0800 408 7825.
  • Online form: Fill out the contact form with your query.
  • Live chat: Chat with an advisor using the live chat function below.

Do I Get Full Pay If Injured At Work – Related Guides

Here are some links to related information.

And here are some links to related claims guides.

We hope our guide on whether you get full pay if you’re injured at work has helped. For more information, call our team.

Frequently Asked Questions (FAQs)

In this section, we will explore the answers to questions relating to sick pay after an accident at work.

Do I get full pay if injured at work in the UK? 

This can depend on the nature of your employment contact. Some contracts may state that your pay will remain unaffected if you’re injured at work, whilst others may not. Another fact that’s considered is whether or not you’re still able to work despite being injured. Some roles may still be possible if the injury does not interfere with your ability to carry out your duties.

If you are not eligible for continued income despite your injury, then your income will likely suffer as a result. This loss of earnings however may be reimbursed to you as part of your claim.

If I’m injured in an accident at work, is sick pay guaranteed?

If your employer’s negligence has caused you to sustain a work-related injury, sick pay in the UK is not necessarily something you will receive. Your employer is not legally required to continue paying you while you’re off sick unless otherwise stated in your contact.

However, employees can claim for Statutory Sick Pay (SSP) if they are unable to work due to a workplace injury. It can be received for 28 weeks maximum. The current figure currently sits at £99.35.

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