This guide can provide more information about getting signed off work for a workplace injury. We will explain when you need to attain a sick note for your employer and clarify how you may be able to claim for a workplace injury caused by employer negligence.
Furthermore, this guide will answer such questions as, “what are you entitled to if you are injured at work?” and “are you entitled to full pay if injured at work?” Our 24/7 advisors are available at any time that suits you to answer any of your queries. They can tell if you’re eligible to claim for an accident at work and could even provide you with a compensation estimate.
Additionally, they can also connect you with a personal injury solicitor from our panel who specialises in these types of claims. They could work your case under a No Win No Fee agreement. Contact us at a time that suits you using the below details.
Please continue reading to see if you can claim for a sickness absence.
Select A Section
- Getting Signed Off Work For A Workplace Injury
- How Do I Obtain A Fit Note?
- You May Be Placed On Statutory Sick Pay
- Returning To Work After Being Signed Off
- What Are You Entitled To If You Are Injured At Work?
- Find Out More About Getting Signed Off Work For A Workplace Injury
This guide will explain how you might be able to make a compensation claim after getting signed off work for a workplace injury. Getting signed off from work involves attaining a fit note (or Statement of Fitness to Work).
Whether you can claim compensation depends on if your injury was caused by someone else’s negligence. Certain third parties, such as employers, have a duty of care. Employers need to ensure that they take reasonable measures to protect employees at work. They can do this by ensuring the work facilities, environment and equipment can be used safely without risk of injury.
In the UK, your employer’s duty of care is outlined in the Health and Safety at Work etc. Act 1974. It’s only if you’re able to prove that your injury was a direct result of your employer breaching their duty that you’d be able to claim. Furthermore, you need evidence to prove that negligence led to your injury. To learn more about this, please get in touch with our advisors, who could help you with any questions or queries.
A fit note is only required in specific circumstances. If you’ve suffered a work-related injury, for example, that only results in you being off work for seven days or less, your employer should not ask for medical evidence proving your condition.
However, if you’re sick for seven days or more, your employer will usually ask for proof that you’ve been signed off work. This comes in the form of a fit note. A hospital doctor or GP can provide this. They will assess your condition and determine if, in their professional opinion, you’re able to return to work.
Your condition can determine the length of potential recovery time given in the fit note. For example, if you’re suffering from mental health issues due to work-related stress, your GP may provide you with one that lasts for several weeks or months. In the first six months of your condition, a GP can provide a fit note covering three months. If your condition lasts longer than six months, a fit note can be for any period of time that is deemed clinically appropriate.
An understandable question after getting signed off work for a workplace injury relates to the pay you could receive. There isn’t a requirement for employers to provide you with full pay if you’re off work sick. However, you are entitled to Statutory Sick Pay (SSP) under certain circumstances.
To qualify for SSP, you need to:
- Be an ’employee’, having done some work for your employer.
- Earn, on average, at least £120 a week
- Have been ill for at least four days in a row
When counting the number of days that you’re experiencing sickness, it’s important to include weekends. Therefore, the four days in a row mentioned above can also include a Saturday or Sunday.
Furthermore, as explained in more detail below, you could claim for lost wages as part of a personal injury claim if you can prove that your injury was caused by employer negligence. To learn more about this, please contact our team of advisors, who can tell you quickly and easily if you’re eligible to claim. Contact us using the above details.
As previously mentioned, it’s generally required that you have a fit note when getting signed off work for a workplace injury for longer than seven days. However, when seeking a statement of fitness, there are two options that the medical professional could recommend. Firstly, they could request you to be on lighter duties due to your workplace accident. Secondly, they could state that you’re unable to work.
It’s important to note that if your employer cannot provide you with appropriate duties in line with the medical professional’s advice, you’re effectively signed off work. This would be until they’re either able to do this or you’re well enough to continue your role as you were before.
Furthermore, you can actually return to work before the end of your fit note if you feel you’re well enough to do so. You will need to discuss this with your employer to ensure they can make any required adjustments. If they cannot accommodate your current mental or physical state, you would need to remain off work until the end of the fit note.
You also don’t need a note to confirm that you’re fit for work. You will only need to see your GP again if you feel you haven’t fully recovered from the work-related injury within the fit note’s designated time period.
As previously mentioned, to make a successful workplace injury claim, you need to prove that your injury was caused by employer negligence. If you can show that this caused your injury, you could receive compensation. There are two types of compensation you could receive.
The pain and suffering caused by the injury can be compensated for through general damages. The amount you could receive through this is determined by factors such as:
- The extent of your injury
- The length of your recovery time
- Whether any permanent health issues or symptoms have been caused
The Judicial College provides further insight into what you could receive. From analysing previous payouts, they’ve created compensation brackets by comparing the payout with the extent and severity of the injury.
You can see examples of the information they provide below. However, please remember that this information only indicates what you could receive as every claim is unique and judged independently of the ones that have come before.
|Type of Injury||Severity||Amount of Compensation||Description|
|Brain||Moderate (iii)||£40,410 to £85,150||Cases in this bracket lead to concentration and memory issues with the ability to work being reduced with a small epilepsy risk.|
|Back||Severe (ii)||£69,600 to £82,980||This category is for special features that take these injuries outside of lower brackets, including mobility impairment, sexual difficulties and unsightly scarring.|
|Shoulder||Serious||£11,980 to £18,020||Cases in this category include shoulder dislocation and lower brachial plexus damage leading to neck and shoulder pain.|
|Arm||Less Severe||£18,020 to £36,770||This category is for less serious arm injuries that will cause significant disabilities. However, recovery of a substantial degree will either have already occurred or will be expected to occur.|
|Elbow||Severely Disabling||£36,770 to £51,460||This is for an elbow injury that is severely disabling.|
|Post-Traumatic Stress Disorder||Moderate||£7,680 to £21,730||Cases in this bracket will lead to psychological issues after the incident. However, the injured person will have largely recovered. This is because there will be no grossly disabling continuing effects.|
|Hand||Serious||£27,220 to £58,100||Serious hand injuries like this result in the hand being reduced to 50% capacity.|
|Leg||Severe (i)||£90,320 to £127,530||This category is for the most serious leg injuries that don't involve amputation. Such injuries will cause extensive degloving of the leg, where there could be gross shortening of the leg.|
|Knee||Moderate (i)||£13,920 to £24,580||This bracket includes injuries like dislocation, torn meniscus or cartilage causing symptoms like wasting, minor instability and weakness.|
|Ankle||Modest||Up to £12,900||Minor or undisplaced fractures, sprains or ligamentous injuries.|
If getting signed off work for a workplace injury has caused you financial losses, you may be able to claim for this through special damages. Financial losses you could claim for include:
- Travel expenses
- Loss of earnings
- Loss of future earnings
- Private healthcare costs
- Adjustments needed for your home
However, please remember that you would only receive compensation for special damages if you’re successful in seeking general damages. This is because, by not receiving general damages, the third party in question has been deemed not liable for your injuries.
You may want more information about how a No Win No Fee personal injury solicitor from our panel could help you. Essentially, you would only pay your solicitor’s fee at the end of the claim. They would take a small amount of compensation that’s legally capped to cover their work.
Furthermore, there would be no hidden fees. They would relay all potential costs to you before you agree to use their services. They would also be open and honest with you: they’d only take your case if they feel you have a good chance of success.
Find Out More
Our 24/7 advisors are available at any time that works for you. They offer legal advice that is completely free on a no-obligation basis. They can inform you if you can claim and give you a compensation estimate. Additionally, they can connect you with a specialised solicitor from our panel who could help you seek compensation. Please contact us at a time that suits you using the below details.
Workplace Injury Claim Resources
If you have any further queries about making a personal injury claim, please use the below links.
Use this link to learn more about Statutory Sick Pay.
You may be wondering, “what is considered reasonable adjustments by your employer?” If so, please read this article.
The NHS provides medical guidance regarding fractures that you may find useful.
If you’ve suffered a knee injury at work, read this article to see if you can claim.
You could have further questions, such as “I had an accident at work, can I claim compensation?” Read this guide to see if you can.
Carbon monoxide poisoning at work can have serious health consequences. To know more about this, please read this article.
If you still have queries about getting signed off work for a workplace injury, please contact our advisors for completely free legal advice. You can contact them at any time using the above contact details.
Article by AU