After an accident at work, my employer has put me on statutory sick pay (SSP). Is that allowed?

By Ian Morris | Updated July 31st, 2023

116 questions have been answered on this subject, why not ask your own?

We are regularly asked this question about injury pay and statutory sick pay (SSP) by people who have had an accident at work, and are unable to work for a while due to their injuries. In such circumstances, most employers will stop paying the injured worker their usual salary and instead place them on to SSP. The difference between the average UK salary and SSP is huge and the drop in income can cause problems for injured workers in terms of paying their bills and funding the cost of living.

Do I get full pay if I’m injured in a work accident?

While you do have some rights after being injured at work, there is no obligation on any employer to pay a staff member their full standard salary if they are off work due to illness or injury – even if it was caused by an accident at work, or materials used at work. For most workers, they will have a contract of employment that states their terms regarding sickness pay, and whilst one or two companies offer generous sickness payment schemes or occupational schemes, most do not.

Eligibility for sick pay after an injury at work

As stated on the government website, in the UK any worker who is classed as an employee (including agency and fixed-term staff) will qualify for SSP if they:

Have been off work for at least four days in a row
Have a regular income exceeding £123 per week
Have reported the injury or sickness to the employer

Statutory Sick Pay is currently rated at £109.40 per week and is available for a maximum period of 28 weeks. If you earn £500 per week, going on sick pay would see a drop in your income of around £400 per week. For most people, this creates a very serious problem.

How to get more than SSP and recover lost income

If you are recovering from injury after a work accident and have lost income during your absence from the workplace, the only way you can seek to recover your lost income is by making a claim for accident at work compensation. The right to pursue a claim against an employer is available to any person who believes that their injury or health problem was caused by the negligence of their employer. Therefore, if you feel that your employer has been negligent towards your safety by failing to provide adequate training, the correct protective equipment or faulty and dangerous tools, you can seek to make a claim for workers compensation.

If successful with the claim, you would be able to recover any lost income – including the difference between any SSP payments made to you and your usual income, along with any other costs by way of the special damages element of a personal injury claim settlement.

Many injured employees do not want to have to make a claim for compensation against their employer. However, the loss of income forces people to act to pursue a claim in order that they are not left out of pocket because of injuries that were not their fault.

How can Direct2Compensation help me?

Direct2Compensation have genuine expertise in compensation claims. We can help you to understand your rights after an injury at work and tell you how to make a claim for compensation. We work with specialist accident at work solicitors who will make sure that your claim is handled properly and that you are given the opportunity to fully recover any lost income and expenses. We know that it is a struggle to recover from injuries and that losing income temporarily during this period can make life hard.

Our solicitors will work to obtain an admission of liability in your claim at the earliest opportunity, and it is at the point of an admission of liability that our solicitors can then seek to commence the recovery of lost income.

We are here to help you and our expert staff can immediately identify the right Solicitor for you. To find out more, or to start your claim today, call us on 01225 430285. If you prefer, .

116 questions have been answered on this subject, why not ask your own?

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Hi hopping you can help had an accident at work were the correct equipment was not used for the job coursing me to rip my chest muscle on the left side been of work now 6 weeks still in pain in my chest I’m on ssp thst I can not live of what can I do

In a case such as the one you describe, employer negligence can be attributed as the cause of your injuries and associated loss of income. Where an employer is not providing the correct equipment to enable a worker to operate in as safe a manner as possible, an employer will be liable if that employee is then injured at work. As such, you can pursue a claim against the employers insurance to recover compensation for the pain and discomfort caused by your injuries and importantly, any loss of income or other costs you face because of the injuries.

You can make a claim with our specialist personal injury Solicitors on a No Win No Fee basis and doing so has no impact on your employment rights or your job. Please call us on 01225430285 or use our website to start your claim.

I’m currently off work with a musculoskeletal injury on two lots of strong pain killers and booked in for physio this injury was done at work as a dishwasher was not fitted on the bar so we have to load glass trays full with glasses off the end of the bar onto a trolley and then push/pull the trolley to another room this can be constant all shift. Concerns were raised at the very beginning but nothing was changed. I’ve currently been signed off by a doctor for a week but ssp will only cover one shift can I put a claim in?

The fact that concerns had been raised with the employer from the outset is very relevant here. When an employer is put on notice of a concern about safe working, they are duty bound to consider whether they need to make adjustments or alter the way that work is done in order to ensure employee safety. As that hasn’t happened, I feel this matter warrants further detailed consideration with a view to pursuing a claim.

We can consider the employers failure to act on concerns raised as well as manual handling regulations and whether the trays of glasses you were carrying and the working environment can be shown as the cause of your injuries.

Please call us on 01225430285 or use our website to request a call from us. We feel you may well have a valid claim and we’d like to help you with this via our No Win No Fee service.

Last week at work I suffered chemical burns to both my eyes that required hospital treatment and I am now on 3 lots of drops and 1 ointment to help my eyes heal, I have partial loss of sight that should eventually return but the hospital couldn’t tell me how long it will take. My work are saying that no other chemical was used in the bin before I used it to do some cleaning. However neither of us have proof if something else was used and this one bin is used by all night staff that use either Zolfora or Flash in this bin.

Could i be entitled to anything as I have current loss of earnings and don’t know how long I will be off work whilst I wait for my sight to return.

We would like to speak with you as we feel you may have grounds to pursue a claim. Employers face strict guidelines when tasking staff with the use of chemicals or substances hazardous to health – these guidelines are known as COSHH. Employers have a duty to ensure that all staff are appropriately trained in the safe use and disposal of relevant products, that the correct type of personal protective equipment is provided and that the products are stored correctly and safely.

Clearly, you have sustained a serious eye problem as a result of the chemicals used at work and this would indicate that there are problems and mistakes that should be avoided and that you have now been injured as a result.

Please call us on 01225430285 so that we can further discuss this with you and advise you accordingly. Alternatively, use our website to provide further information and we’ll call you to give you the help that you need.

I injured my knee with repetitive kneeling to switch on machinery at work back in February. I have suffered cartilage damage and I am unable to walk 200 yards without feeling considerable pain and discomfort. I have now further injured the same knee while lifting heavy objects at work and I am now off sick. Where do I stand in terms of making a personal injury claim?

We think that you are likely to have grounds to pursue a claim for personal injury compensation. There are two issues to consider in terms of a potential claim. Firstly, your working environment including the repetitive kneeling – perhaps without the appropriate PPE (knee protection?) and secondly, the heavy lifting and whether you’d had the required manual handling training or a working environment that enables you to lift safely.

The best course of action at this stage is to make further contact with us (either via our website claim form, or by calling us on 01225430285) so that we can find out a bit more about your work and the injury so that we can advise you accordingly. Many people are anxious about making a claim against their employer, often thinking that doing so will affect your employment. Thankfully, this is not the case and you do have a right to pursue a claim against the employers insurance cover if you believe that they have been negligent in their management of your health and safety at work. Our Solicitors can help you to understand your rights after an accident at work and our No Win No Fee service guarantees that you won’t have to worry about the legal costs if you don’t succeed.

At work i accidentally stepped on a dolly and fell, the dolly was not in the assigned space for dolly.
Broke humerus bone in my left arm. Almost 6months and i still recover from injury and cant put any weight in my arm. The do pay me in full at the moment, i dont know after 6 months. Could i make any sort of claim?

The fact that the dolly had been left in/or was allowed to be in the wrong or non prescribed location indicates that it is viable and valid to pursue a claim for personal injury compensation against the employers insurance cover.

Whilst it is great that the employer has paid full salary to this point, it is still possible to pursue a claim for the severe personal injury – and although there is currently no loss of income to recover, that is likely to change in due course. Even if you can return to work eventually, the employer is likely to either reduce or stop sick pay soon and place you on Statutory Sick Pay (SSP). SSP is a considerably low payment and there would then be loss of income to recover. In the worst case scenario that your recovery does not progress and the injury prevents you from returning to work, there would be a considerable future loss of income settlement to be obtained.

Our Solicitors operate on a No Win No Fee basis and this will enable you to pursue a claim for compensation without worrying about the costs of the process if you do not succeed.

For further help, please call us on 012254302856 or you can use our website to request contact from us if you prefer by using this form.

I lowered my head and pulled my clothes out of my cabinet in the staff room. When I stood up, someone had left the cabinet door open, so I hit the cabinet door and suffered a concussion. I had a headache after the accident, but I thought it was a minor accident and took headache medicine and finished my work, but The next morning, I suddenly had vomiting and severe dizziness. I went to the emergency Doctor, then to the GP, and got a concussion diagnosis.

I ended up taking three weeks off, and I got SSP but I’ve even only received 200 pounds.

In my view, I didn’t get enough compensation for the incident.

Thank you so much.

We think that our Solicitors should discuss this with you as you may well be entitled to compensation for the concussion injury you suffered at work, along with recovery of lost income.

Hi. i work for a car transporter company in Essex and we often pick up used cars from a company in London NW10, as i was putting on one of the cars i got out of it and slipped off the deck as i almost couldn’t see one foot in front of the other resulting in me falling and hurting my back, i have now been off work since. My question is simple, Do i still get paid as it was at work? And would i be entitled for any compensation? Thank you.

As you and colleagues have reported the lighting issue previously and raised concerns about safety due to a lack of light, the fact that you have then sustained injury as a result of no action being taken to ensure that you would work safely (lighting) indicates that you may well be entitled to pursue a claim for personal injury compensation against the insurers of the premises where the accident took place. When an employer or organisation is made aware of a potential risk of injury, they must act to ensure that all appropriate steps are taken to reduce the risk of injury. That has not happened in this case.

Sadly, it is unlikely that you would be entitled to sick pay as that would depend on whether the contract you have with your employer includes such a benefit. The majority of private employers no longer offer sick pay and you may find yourself temporarily out of pocket on statutory sick pay instead of your usual income.

Our specialist Solicitors can seek to recover your lost income as well as compensation for the pain and discomfort caused to you by your injury at work by making a claim for personal injury compensation for you.

Hello,
I am a delivery driver, I was assaulted by a customer which has caused injury to my knee. I may require surgery. I am waiting for a MRI Scan. I have been signed off work since the 2/11/22 an may be off longer. I am currently on SSP which is a 5th of my weekly pay. A police investigation is on-going at this point. Please advise me on how to move forward.

Thank you

There is certainly a claim to be pursued in this matter and we can help you on a No Win No Fee basis. There are two potential claim options, with the most likely being a claim via the Criminal Injuries Compensation Authority (CICA) scheme as the injuries appear to have been caused by a criminal assault. To pursue a claim via this scheme, our Solicitors just need the crime reference number (which you can obtain from the Police) and you must cooperate with the Police throughout their investigations.

The second and less likely option is a claim against the employer. It is unclear as to whether the employer could have prevented the incident. Given that the customer assaulted you, it is unlikely that the employer could have predicted the attack or done anything to prevent the customer from assaulting you.

Our specialist Solicitors will be able to identify if there has been any employer negligence, but in any event, they can make a claim for you.

My partner was reversed into by a colleague who was driving the car. He went to hospital and was told it was a potential rib injury but was not x-rayed. The person driving the car is epileptic, does not have a driving licence therefore does not have insurance to be driving the business cars. He has been off work for a week now and is likely not going to be paid his full salary. Does he have the right to claim?

If the employer has allowed the individual to drive vehicles without checking that they have the correct licence to operate the vehicles, the employer has been negligent and your partner has a right to seek compensation for their injuries and any loss of income.

I am an electrician and had an accident which required hospital treatment for a cut requiring a few stitches. I felt unwell and took the next day off. I lost that days wages. Is my employer entitled to do that?

Your employer doesn’t have to pay you in these circumstances. If your laceration injury was caused through no fault of your own, our Solicitors can pursue a claim against your employers mandatory insurance cover for compensation for the injury and recovery of any lost income.

I work in a kitchen, I have burnt four of my fingers taking salmon out from a grill that is at my head height, I have been signed off work be the hospital and have to make trips to a London burns unit, can I make a claim for compensation for loss of earnings and travel expenses?

Our specialist Personal Injury Solicitors are experts in such claims and we handle a considerable amount of client work for people working in kitchens and the hospitality sector, with a strong track record in workplace burn injury claims. In this case, we can consider the training you’ve had and whether the working environment is fit for purpose. As the grill is at head height, there are certainly questions to answer.

I got my finger shut in a fire door at work and was off work for 9 weeks with an open fracture. I wasn’t going to claim if I still got paid, which I did the first month, but last month I didn’t get my full wage, some was ssp so now I’m out of pocket. I have photo evidence of my finger and all my hospital notes from fracture clinic, will i be able to make a claim?

Many people only opt to pursue a claim if they lose their salary. Sadly, employers are not obliged to provide full salary to those off work after an accident unless the contract of employment provides such a benefit. Otherwise, people will be placed on to SSP – as you have – and be left out of pocket.

In this circumstance, your only option to recover any loss of income is to pursue compensation. Given your injury, you certainly have a right to make a work injury claim and we’d be very happy to help you to do so. Either use our website to make further enquiries, or call us on 01225430285 for help. Making claim won’t affect your right to continue with your job and it will not affect any colleagues or management staff at your workplace. Indeed, none of your colleagues would know that you had pursued a claim unless you chose to inform them.

Hello,
I dislocated my shoulder at work.
I followed all protocol for sick-drs noted etc.
My workplace are refusing to pay more than SSP which is £97 a week (less than my usual daily rate).
Am i in a position to argue this?

You cannot argue or fight for full pay if your contract does not entitle you to the same. However, you may be able to recover your lost income through succeeding with a claim for personal injury – an element of which would be recovery of lost wages or costs caused by the incident in which you were injured.

We can assist you on a No Win No Fee basis with a claim.

I was recently injured by a service user. The company I work for have now put in place a risk assessment to reduce further risks and injuries to myself.
I have been referred to the companies occupational health department and I have also been referred for physiotherapy.

I was put in a position where my day to day duties and responsibilities were heightened and the risks I faced were high, putting me in a position to again get injured. I was later verbally told (also confirmed by management) that they were not aware of the new risk assessment.

I have had to be signed off work again, now to be told that due to the length of service I have done, I will now be going onto SSP. The question I have is can my employer deduct my full pay if they failed to follow my risk assessment and that I am off work because I was assaulted at work?

Unfortunately, your employer can place you on to SSP if you do not qualify for full sickness pay – even if you are off work through the negligence of your employer. Sadly, the only route open to you to recover the difference between SSP and your usual salary will be by pursuing and succeeding with a claim for personal injury compensation.

Given the apparent negligence on the part of your employer, we would be very happy to assist you with regards to your claim.

Hi I recently was injured by a piece of metal that comes out from a bakery slicer. I believe this is a hazard. I’m not entitled to full sick pay as I have been in the company less than six months, but I worked for the company previously and returned after doing 11 years. I want to claim for loss of earnings. Where do I stand?

It would appear that you may have reasonable grounds to pursue a claim for personal injury compensation against your employers insurance cover. The cause of your injury (and therefore the reason for your absence from work and lost income) is likely to be seen as employer negligence, which if established will see you able to recover any lost income (including overtime payments, bonuses etc) and compensation for the pain and discomfort caused to you by the injury you have sustained.

Our specialist Solicitors can assist you in this process on a No Win No Fee basis and will consider what training you have been given, whether the employer provided the correct PPE or whether the machine in question is hazardous. Importantly, pursuing a claim for personal injury compensation does not jeopardise your job in anyway and you cannot lose your employment for making a legitimate claim.

My husband has a broken bone in his foot. The hospital have advised a recovery time of 6-8 weeks. However, he will only get paid SSP for his period of absence.

The accident happened whilst he was at work, but he was on premises not belonging to his employer. His employer is suggesting that any claim for loss of earnings needs to be brought to that third party and not them. Can you confirm if that is accurate please? Many thanks

The cause of the injury and how the accident happened will decide whether the employer or the 3rd party premises owner is the negligent party and therefore the party who will face the claim.

The key issue for your Husband is to ensure that an accurate report is made of the accident and that this is done in writing (ideally within the employers accident book). Our specialist Solicitors will be able to identify the liable party and ensure that the claim is addressed to the appropriate people.

Freak accident at work, resulting in a fractured hand. I only had two days off as I was advised I could return for light duties. I received no payment whatsoever for my two days sickness. Should I have been entitled to something or is this down to the employers discretion?

UK law does not require employers to pay sick pay – even when staff members are away from work due to injuries sustained at work. Sadly, it is a discretionary matter as to whether an employer includes sick pay within their contractual terms. In your case, the only way you would be able to recover your loss of income would be by succeeding with a claim against the employers insurance for the injury.

Hi, I am unable to work and I have received a letter to state that i have to repay back the statutory sick pay. Is this right?

I have injuries in my back and foot & had operations on my ankle too.

Your injuries are certainly sufficiently serious to warrant a claim if we can also establish that the injuries were caused through no fault of your own – such as in an accident at work or similar.

We can advise you as to whether or not you can pursue a claim once we know more about what happened and how you were injured.

You should not have to repay the SSP unless you were paid it in error. If you qualified for SSP in the first place, this should not be recoverable? Unless you’ve also received loss of income in a claim for personal injury and the SSP should then be returned to the DWP.

Hi, sometime in July, I was struck by a load trolley which was operated in breach of standard operating procedures as the colleagues overloaded and could not see ahead. I bruised and sprained my ankle and was off work for a few days. Initially they tried to imply it was my fault that I moved into the path and I insisted no and the investigation just went cold. My employer only paid me ssp. I have asked for full pay because it was not my fault and was told I am only entitled to SSP.

Your employer is not obliged to pay you full salary for the period that you were absent from work – even though your reason for absence was the result of being injured at work.

You can, however, recover your lost income (in this case, the difference between your usual salary and the SSP you received) by pursuing a claim for work injury compensation. Our Solicitors can do this for you on a No Win No Fee basis.

I have broken my hand at work and the doctor has signed me off work for 4 weeks but I need the money to cover bills and rent.

Our specialist Solicitors can pursue a claim for you on a No Win No Fee basis to ensure that you are appropriately compensated for the painful injury you have sustained and the impact it will have on you both in terms of any lost income (which we can recover through your claim) and your personal life.

2 weeks ago I tripped and broke my ankle at work while trying to avoid a hoover wire. I am entitled to 3 months paid sick leave. After a consultation today at the hospital I’ve been told I have to have another 4 weeks off work. Will I be entitled to full sick pay because of a broken ankle ?

Unless your contract affords you extended sick pay, the employer is not obliged to pay additional sick pay – even if your reason for absence from work is due to an injury sustained at work.

In the scenario you describe, you appear to have valid grounds to pursue a claim for personal injury compensation for the pain and discomfort of the broken ankle injury. By pursuing a claim, you would also be able to recover any lost income, missed bonuses, incurred costs and access rehabilitation therapies from your employers insurance cover.

Our specialist Solicitors can assist you on a No Win No Fee basis in ensuring that you are not out of pocket due to your injuries and that you are appropriately compensated for the pain and distress caused to you. Making a claim won’t affect your right to continue with your job and none of your colleagues would be aware that you had made a claim.

My employer breached my continual contract when he put me on day shifts 4 years ago. I have had 4 weeks holidays in 2 years. My Doctors has signed me off sick with depression and said that I need rest. My employer is sill giving me continual holidays which is wrong – I should be on day shift holidays and i’ve only been paid sick pay. Its my employer’s fault am on the sick. Why is he allowed to do that?

Your contract issue and holiday allowance should be easily resolved – have you put anything in writing to the employer about your holiday pay and contract issue?

In terms of your well-being and work related stress/depression, our specialist Solicitors can advise you as to whether you can pursue a No Win No Fee claim for personal injury compensation against your employer. If you would like to get further help with this, simply download and submit the initial questionnaire on our stress at work compensation page and we’ll get you the advice and guidance you need.

I had a fall at work, they were doing electrical work so the power was cut. They had a cable running from one end of the office to the other. No cones were put up and it was very dark and I tripped over the wire causing me to have a bad fall. I have a bad back but the fall has made it worse. I have been off work for 6 months with full pay, but coming to my next 6 months with half pay. Can I argue it out as it was their neglect that has caused me the time off work?

You can certainly attribute your injury and losses to the negligence of your employer or the contractor undertaking the work. Our specialist Solicitors can assist you on a No Win No Fee basis to ensure that you are appropriately compensated for your injury and pain and that any lost income you incur as a result of your absence from work is recovered.

I hurt my back at work just over a month ago. By lifting heavy glass units and boxes of window hinges. The pain was manageable but constant. 4 weeks ago it became unbearable I still went to work as we were short staffed, and other team members did any lifting for me that I needed. 3 weeks ago I woke up and couldn’t get out of bed due to the pain causing me to fall out of bed onto my back. 3 hours in medocc and 13 hours in A and E with an MRI scan and lots of morphine I was blue lighted from Medway to Kings college hospital for emergency surgery due to a herniated disc pushing on the nerves and causing numbness in my legs. I had lumber decompression surgery. I have been put on SSP meaning I am losing around £350 per week and at present I am unable to return to work. Can I claim loss of earnings?

Not only can you likely recover your loss of income, it may well be possible to claim compensation for the injury, the pain and distress caused to you by the injury and the impact on your day-to-day living.

We can discuss the lifting that you were doing which led to your back injury at work and ascertain whether or not there are valid grounds to take this further on a No Win No Fee basis.

Another benefit of pursuing a claim is that it may well enable you to recover more quickly by accessing specialist private rehabilitation therapies as a part of the claims process. Our Solicitors will seek to access such treatments for you – all at no cost to you.

Hi. I work in an SEN school. While escorting a child across the room she came to an abrupt stop which meant that I did too. My knee went and I fell. Making sure the child was safe I fell away from her. I have been off for 9 weeks and about to go on half pay. I have completely torn my ACL and have to have physio. I spoke to HR yesterday who said that I won’t be granted any more pay as school aren’t at fault I could’ve done it on the street. Due to the size of the child I was in a very unnatural position while escorting her. Can I ask if I can make a claim? I don’t want to claim, but I feel like I may have to financially.

To be able to pursue a claim, you will need to establish that your employer could or should have done something to prevent your injury. In this scenario, it is hard to see how the employer could have done anything to prevent such an injury and it would seem that you have just been extremely unfortunate in the severity of injury you have suffered.

In terms of your situation at work, your loss of income if you can’t work is an obvious problem. Have you considered asking your employer whether you may be able to attend work, but on light or seated duties? Perhaps even in a different administrational role temporarily? Whilst the employer does not have to accommodate you if there are no suitable roles available, if they can, you can at least work and continue to earn.

Hi… I work for a plastering company and have tripped over a piece of kingspan that was left on the scaffold which caused me to fall over and fracture my second Metacarpal bone in my hand which doctors say I’ll be off for 4/8 weeks. We are a subcontractor and were doing work for a big companies housing project. I’ve been told that all I’ll get is SSP which is a dramatic drop from what I earn. Is there anything I can do as the two of them be are playing dumb and offering no solution. I’ve worked with this company for 22 years.

You have a right to claim compensation against the public liability insurance that the main contractor would hold on the site in question. Our specialist Solicitors can help you with this on a No Win No Fee basis and if successful with your claim would recover compensation for the pain and discomfort caused by the injury to your hand and importantly recover the difference between any SSP income you may receive and the usual income you would earn if you were not injured.

I am employed as a dustcart driver/loader. I was pulling a large bulk bin to the back of the lorry. The bin was fully loaded, so was quite heavy, the wheels on the bin were in poor condition, one wheel not touching the ground, on the uneven tarmac the damaged wheel made contact with the ground and steered into the back of my foot. Trapping my foot against the ground, the metal brake mechanism then dug into my boot and damaged the heel of my foot. Although it was extremely painful I carried on working for the rest of the day. When returning to the depot I asked to put this incident in the accident book, but was told I needed to fill out a close call incident voucher and to make a statement on company statement sheet. I did not receive a copy. I returned to work the next day hoping my foot would be okay. The pain gradually got worse so was unable to work the day after. I visited the doctor and was told to self certify for the first weeks sickness. After the first week I contacted the doctor again and he signed me off for another 14 days. I returned to work although my was still very sore and still is. Today I have received my pay slip. I have only received SSP for my time off. I had assumed I would have been payed my normal wage as none of my absences were of my making. I can’t live on what I have been paid. My next months wages will also be affected as my absence crosses over 2 payment times. I would like to know my rights, I didn’t particularly want to claim compensation I just wanted to be payed correctly.
Kind regards Stephen

Sadly in these situations, the only way to recover lost pay or ensure that your rights are upheld is to succeed with a claim for compensation against the employers insurance – or in this case, potentially the 3rd party that owned the bin you were injured by.

Hi, I injured my foot which was another person’s fault as I was stood still in a sensible spot and they ran onto my foot with a piece of equipment. No breaks. Only small tissue and muscle damage. I was advised to take a week off by the hospital staff (I ended taking 6 working days).

I’ve been told I will recieve SSP and I’m not happy with this. I was off through no fault of my own and would of earned £312 for that weeks work. SSP will give me £95ish I believe. And to my knowledge they have not written in any accident book.

I want to know if I’m eligible for anything more than ssp considering it was through no fault of my own I had to take time off for my foot to heal

Our Solicitors can ensure that your loss of income and compensation for the injury you have sustained is obtained for you if at all possible. Given the fact that you were not at fault, it would appear that you have a valid claim and one that we would be happy to pursue for you.

You can pursue a claim against your employers insurance without having to worry about your job security or the impact on your colleagues, so don’t be afraid to exercise your legal rights and make a claim for compensation. It would be a sensible idea to make your own written report regarding the accident and your injuries – stating what happened, when and how – and email that to your employer with a request to record the details.

Sadly, employers do not have to pay sick pay or full pay to staff, even when they are off work through injuries sustained at work that were caused by someone else. Unless your contract affords you full pay whilst off sick, you will only receive SSP, but you can recover the difference between SSP and your usual salary and recover any other costs or losses by succeeding with a claim for compensation.

I’m a Carer, working with Surrey county council. Recently I was injured by an elderly gentleman. It took me a whole month to be able to asertain a one week off with pay, during that time I lost two days pay which I am not happy about. My question is, could I seek a claim against them if after the week, my wrist is still painful and I am finding it difficult to do my work as before?

Whether or not you can make a claim will depend on how you came to sustain injury and whether the employer could or should have done anything to prevent or reduce the risk of such an incident happening.

With regards to carers and support workers, we see a number of enquiries for injuries sustained when service users are aggressive, violent or when an employer has not provided the appropriate training, guidance or equipment to enable you to work safely.

I am currently am on sick leave (since January 2021) due to an injury. Yesterday my employer said they will not pay me and I have to repay some money for the payment of last month. They also want me to come back to work even though I am still in pain due to the injury to my shoulders. I am devastated because I have children and bills to pay. However I need more time for my shoulders to heal.

What can I do please?

The only way that you can recover your loss of income is by making and succeeding with a claim for personal injury compensation. To succeed with a claim, we’ll need to establish that your employer failed to do all that could reasonably be expected of them to prevent your injury.

We offer a No Win No Fee service so you don’t have to worry about the costs of seeking justice and you should also not worry about your job. You cannot be sacked or discriminated against for making a legitimate claim against your employers insurance.

If we can succeed with a claim, we’ll recover compensation for the pain and discomfort caused by the physical injuries and make sure that your lost income is recovered along with any other relevant costs incurred.

Have been off work for 3 months with a back injury caused at work, have been to the doctors and the diagnosis is a slipped disc which has effected my sciatic nerve made me unable to walk , drive and even put my socks on. Its effected my sleep, mood etc. I have been having physio. Work put me on ssp which was something. Obviously i have been sending sick notes in, but now work have stopped paying ssp and wont answer my messages or calls to the correct personnel to explain why they have stopped paying. I understand ssp can be paid upto 28 weeks. Now because of their negligence i want to claim for my injury. Is this something i can do. ? Had no money since the 8 th jan 21.

Please call us on 01225430285 so that we can help you make your claim against your employer. If successful, we can recover compensation for your back injury – which appears to be quite a serious chronic injury – and importantly recover your loss of wages – both since the injury and in the future if you cannot return to work for a longer period.

I had an injury with a record placed in their accident book. I attended A&E and was given a fit note by my doctor.
I have been waiting for SSP but have been informed from HMRC dispute team that I need a SSP1 form from the agency.
They have informed me that I wasn’t with them for 13 weeks and have to apply for UC. I am still off work. Only recieving my week in hand payment.
What would be your fee for compensation? Thankyou.

Our No Win No Fee service guarantees that you’ll pay no costs whatsoever if you are not successful in your claim. You’ll never need to make any direct or up front payments either. Should you succeed with your claim, you will contribute up to 25% of any awarded compensation towards the costs of your claim. This is deducted at settlement, so a claimant never has to pay fees to release their settlement etc.

We can help you recover compensation for the injuries sustained – which appear to be serious and long term – and also ensure that all loss of income or other costs caused by the accident at work are recovered for you.

I am a support worker, working with people with autism and learning disabilities. I was struck on the side of my forehead with a hard object, which has left me with a lump and continued headaches and dizziness, i attended a&e and have spoke to my gp wgo has issued a 2 week sixkline and told me to rest. My work are only willing to give me ssp, can i make a claim?

We have specialist Solicitors who are experts in claims for support workers and Health Care professionals and can carefully consider whether your employer has failed to ensure that the risks of injury posed to you were minimised as per their obligatory duty.

You may well have a valid claim and we have helped many people claim compensation after being injured whilst working in support work or care provision.

I work in a warehouse picking stock for supermarkets onto pallets. We travel around the warehouse on low level order pickers (LLOPs). I began my shift at 5 am where I collected my LLOP and proceeded to the pallet station to pick up my pallet to start my order pick. I collected it and was waiting to pull out onto the travelling road where another agency worker crashed into the back of my vehicle and caused severe neck and back pains. I reported the accident straight away and was taken to A&E by the Company. I have been signed off work by the doctor for 5 weeks at the moment. The agency I work for and the company where I was working have been communicating through their retrospective HR. I have been told today that I will not be receiving my full pay, but instead, receiving SSP. I have read into this and understand they do not have to legally pay me full pay. But how do I go about recovering my lost income? The man at the agency said it’s a tricky situation because I’m an agency worker, who was hit by another agency worker, from a different agency, on another companies premises. He sounded like he was trying to talk me out of making a claim. And I’m worried if I make a claim they will not have me back when I have recovered. Where do I stand on this situation? Am I illegible to claim for my lost income and my injuries?
Thank you

You are correct in that the employer(s) do not have to pay your usual salary whilst you are unable to work and can legally place you on to statutory sick pay (SSP). The only way that you can recover your lost income (the difference between the SSP payments you’ll receive and your usual salary) is to make a claim for compensation. Given the description of your accident and injuries, my view is that you have a strong claim likely to succeed. Whilst you and the other driver may have been agency staff, the company for whom you were working on the day – rather than the agencies – are the party that would face the claim (their insurance anyway).

Legally you cannot be sacked for making a claim by an employer, so your working rights and the opportunity to return to the same workplace in a few weeks time should not be affected. Our No Win No Fee service affords you the opportunity to seek compensation for both the physical injuries sustained and also to recover your lost income, without you needing to worry about the costs of the claim should it not succeed.

There will never be any pressure from us for you to make a claim, but we’re more than happy to help you to understand your rights and pursue a claim for you if you wish to do so.

I have had a head injury at work caused by a faulty gate, causing a deep laceration which needed stitches. Also causing severe headaches for about a week. I’ve had to take time off of work. I did think that my employer may pay me sickness or ssp as a good will gesture but didn’t. What can I do? My employer was aware that the gate was faulty .

We can help you to recover lost wages and receive compensation after your accidentk. As your employer was aware that the gate was faulty but failed to address the risk of injury, you have a right to make a claim for compensation against them.

I banged my head at work on metal racking which caused an injury similar to whiplash, I’ve been unable to work for 3 weeks and am on strong anti inflammatorys and pain killers, a colleague of mine hit her head on the same racking a year ago and had concussion, she was paid full pay for time off whereas I’m only getting SSP! Where do I stand on this as nothing was put in place to stop it happening to me and I’m not getting paid?

As the employer was aware of the potential for injury and failed to do anything to remove the risk, there is a good chance that our Solicitors would be able to establish employer negligence. If so, they’ll succeed with your claim and recover both your loss of wages along with compensation for your injuries.

I injured my back at work had 7 weeks off work and my sick note runs out on the 23rd off november I’m currently under physio and pain management has I may off slipped a disc or pulled ligaments due to transporting a resident from chair to wheelchair with the help off another work colleague. I carried on working my 14 hr shift and the rest off the week using pain killers but the pain got to unbearable that I went to a and e and that’s where they said maybe pulled ligaments . Sick note to say do light work went into work the following week and was unable to do my job couldnt bend or hardly walk the resident in question was not stated in her care plan to use a hoist but I’ve been told now it’s in place after my injury accrued i was just seeing if i would be eligible for loss off earnings as I’m only receiving ssp at the moment. And topped up by universal credit.

The only way to recover any loss of income or other costs is to pursue a claim for personal injury compensation against your employers insurance cover. It would appear that the employer has failed you – albeit without meaning to, with regards to the care plan and the requirements for the person you were tasked with caring for.

We would be very happy to further consider and investigate your situation with a view to making a No Win No Fee claim for you.

I have received a hand injury at work which may need a skin graft.I have been told that as I am a trainee and only started 6 weeks ago I cannot make a claim.I am receiving my pay and the boss has told me not to claim sick pay,does this make any difference to a claim.I am not aware of the law or whether the advice I am getting is correct or not.

Your employer is misleading you entirely and this should be addressed. Whether you are on day one of your employment, or day 1000, your rights to make a claim for personal injury compensation for injuries sustained through the fault of or lack of adequate training or personal protection remain the same and you certainly have a right to make a claim.

You have clearly suffered a very serious injury and this is a matter we would be very happy to help you to pursue. Your injury is likely to leave a permanent scar and more than likely have some permanent implications to dexterity or grip strength and you therefore need to consider your best interests and how this injury could affect you in your future. As such, making a claim is the wisest course of action as any settlement would reflect any previous and future loss of income or medical costs. You should not consider the impact of making a claim against your employer or how they would react to any such claim as that is not in your best interests.

I work on a train, I was reloading a trolley and was thrown backwards when the train crossed at points. I injured my back, elbow and head. I reported this, carried on working for 2 weeks then one morning couldn’t walk, I’d got a bulging disc. I had 3 weeks off work, I went back to work afterwards then another of the injuries gave me problems and have just had another 2 weeks off. All of these injuries were reported at the time to employer. I have been paid full pay for first period of absence. Ssp for 2nd which has greatly reduced my income.

Please call us on 01225430285 so that our team can take some further details from you and present your claim to our specialist Solicitor panel for detailed consideration. If successful, we would obtain compensation for your injuries and importantly recover your loss of income and any other expenses you may have incurred.

I fell off my dumper 2 weeks ago due to the ground being uneven and rolled my ankle and smashed my back. I reported it 11 days later because it wasn’t as bad and my sister had past away so all I was thinking was that at the time.

It gradually got worse and have ended up in hospital due to the pain and still trying to recover. I don’t get sick pay and ssp doesn’t touch any where near I need to live. I was wondering if I have a claim or is this going to be a problem for me?

You are right I don’t want to claim but. I get married in 2 weeks and the thought of heading into a new month with no money as a newly wed is quite upsetting.

Thank you

If you feel that your injury could have been avoided if the employer had taken appropriate action to make the workplace safe, you have a legal right to make a work injury claim.

Hello, I’m just wondering how I stand with the regards of re-claiming my sick pay back. I’m only entitled to 10 weeks a year and I was off for over 7 weeks with my injury, my sick pay doesn’t reset for a year on the date of my injury return. How is it fair that if I were to go off sick for some other reason for longer than 3weeks that I’ll drop into SSP even though my employer has accepted responsibility for my accident? There’s nothing in my colleague contract about this.

The fact that you are afforded 10 weeks of sick pay is something that puts you in a better position than the majority of employees in the UK. Sadly, employers are not obliged to pay sick pay to staff who are off work – even if they are off work through an injury sustained whilst at work! The majority of people do not receive sick pay and if they are off work, the only payment the majority will receive is Statutory Sick Pay (SSP) – if they qualify for that state benefit.

In your case, if you are off work as a result of an injury and you do not receive pay, you could recover any lost pay by making a claim for personal injury compensation. Should you need any help with this, please call us on 01225430285.

I was injured by a resident attacking me in a nursing home , as a result I have had to have time off work and wear a wrist splint , xray and now booked in for an MRI.
Work have put me on ssp.
I filled out an accident report at work at the time – another staff member was injured.

We can certainly investigate whether or not you can make a claim and recover your lost income (the difference between your usual salary and the SSP rate you are receiving) as well as compensation for your injuries.

I had a fall at work due to tripping over a chair (that shouldn’t have been there), in a small cupboard where I had to put the till takings into the safe.

I went to the hospital the next day because my knee had swollen and was very painful. I was told to keep my leg elevated for two days and if the pain was not any better that I was to go back the Doctor who said that I had badly bruised my knee. Therefore I was absent from work for two days and my employer stopped me two days wages and I will loose £100 of my bonus (£50 per day).

As this was negligent am I entitled to my pay and bonus? One of my colleagues heard my fall but was with a patient and could not come up to me. I was very shook up and in tears when I finally picked myself up.

The cause of your accident is something that would indicate that you are free to pursue a claim for personal injury compensation. Sadly, the only way that you can recover your loss of income and lost bonus payment is to pursue a claim against your employers insurance for personal injury. If you were to succeed with such a claim, you would be able to recover any lost income by way of the special damages element of your claim.

You should make sure that an accident report (accident book or similar) is made at work outlining what happened, when and why as well as noting your injuries. Such a record will protect your interests going forwards should you choose to make a claim for personal injury compensation.

We would be happy to help you start the process of making your claim for personal injury compensation.

I would like a bit of advice. My partner had a slip and trip at work nearly 2 months ago and hurt his knee, has a scar on his head (due to hitting radiator) and had elbow and back pain. The employer didn’t not contact with him at all – he had no HR welfare call or anything like this during the past 2 months while he has been off work.

My partner has provided sick notes from GP and awaits physiotherapy within next two weeks. He is still walking using one crutch and is now getting stressed about money and our family.

My question is this: Is there anything he can do at the moment or does he need to wait until finishing the physiotherapy course? He is seriously worried about recovering and our finances.

Finally, the next of kin (which is me) was not contacted when he was hurt even though he had been taken to the hospital. He was left on his own in the hospital without any money or anyone from work to support him (that hospital was 40 minutes drive from home). What could I do if anything to make sure this does not happen to anyone else at that workplace?

Your partner does not need to await the outcome of his physiotherapy treatment or for his recovery before he can make a claim. Indeed, he can pursue a claim as soon as he wishes to do so and it is wise to start a claim at the earliest opportunity if you are minded to do so.

In your partners case, he can proceed with a claim for slipping accident compensation and we can assist him in doing so via the specialist Solicitors that represent our clients and the No Win No Fee service that they offer. Your partner has suffered injury due to slipping at work. Of course, we do not yet know the details of the slip – what the hazard was that he slipped on, nor whether there were any hazard signs erected etc, so we would need to find this information out before we could pass this matter to our Solicitors.

If your partner would like to pursue a claim, we would gladly assist him.

In terms of the employers failure to advise you that your partner had been injured and was in hospital, whilst it is poor on them in terms of general support and welfare, there is no legal requirement for them to have informed you – indeed, they may not have realised the severity of the situation at the time. However, your concerns that this should not happen again in the future should be raised with the employer and you could therefore write to the Managing Director to advise of your concern and ask them for their observations regarding ensuring that the same would not happen again in the future.

Hi I work at an Airport.

I injured my back unloading an aircraft It was a 78 bag offload and only had 2 other people with me on the aircraft, They didn’t have enough staff I kept asking for staff but they didn’t send any, I’m worried that I’m gonna be on SSP pay and not be able to afford my bills, I also asked a few ramp agents If they have got full pay for an injury at work they replied ‘Yes’ but when I spoke to HR they said no to me and put me on SSP pay.

Had your employer ensured that you knew how to lift and move items safely to avoid back injuries? It certainly sounds that the working environment would have made it hard to lift and move items in a way that would accord with manual handling training. As such, you could possibly make a claim against your employer. As you are going to lose income whilst you are off work, your only real option is to make a claim against your employer as if you succeed, not only will you be entitled to a settlement for the injury sustained, but our specialist Solicitors would also recover any lost income and incurred costs caused by the injury at work.

I had a back injury at work caused by a patient which was recorded as an industrial injury. Recently I needed a week off work as my back pain came back and my GP confirmed by x-ray that this was due to the damage in my back from the original injury.

My question is should my employer (the NHS) put me on special leave pay or sick pay?

The issue you raise regarding special leave or sick pay is one of employment law and not personal injury, so it is not something we can answer.

However, with regards to the injury causing your problems, we may be able to help you with that as a claim for compensation could proceed given that you were injured at work. Of course, we would need to find out more about the incident in which you were injured before we can advise you further.

I had an accident at work were a colleague dropped a drill which hit my shoulder. This injured me and because of this I now have to have an operation. It is highly likely that my employer will only pay me SSP and not my usual weekly wage. Can I do anything about this?

Most employers do not pay full salaries to staff who are off work due to illness or injury – even if the absence is related to an injury caused at work.

In your case, you can make a claim for compensation against your employers employer liability insurance cover. If successful (and my initial view is that you would likely succeed), not only would this see you able to claim compensation for the injury to your shoulder and the impact that this is having on your day-to-day life, but importantly you would be able to recover any lost income and incurred costs.

I was told to drag some heavy plant across the works yard to clean, whilst finishing this i felt a slight shooting pain in my back. I thought nothing of it until an hour or so at home the pain got worse so took ibuprofen and went to bed, in the night I was up with severe pain in lower back. In the morning I spoke to my supervisor what had happened and saw my doctor which he diagnosed lower back injury due to dragging plant across the yard. I have been in touch with my supervisor and company HR which I have emailed and sent relevant information about my injury. I haven’t filled in the accident book yet because not been able to get to work but they all have the relevant information which HR has put on their system, have i done it correctly. And also my company does not pay sick pay only SSP so am I entitled to full sick pay because of accident at work. I have nearly been off sick for a week but feel I may need to speak to my GP in the next few days due to pain continuing.

Firstly, it would appear that you have a valid claim for accident at work compensation. Injuries to the back can be extremely debilitating with restrictions in mobility, strength and independence and the symptoms of a back injury can be very painful and cause long term problems. In your case, you appear to have injured your back at work as a result of the heavy lifting you were tasked with in moving the heavy plant across the yard. It is likely that the item you were asked to drag was excessively heavy and should have been moved using the appropriate equipment, machinery or at the very least additional man-power. As such, I think liability may well attach to your employer should you opt to pursue a claim for compensation.

Your employer is not obliged to pay your salary whilst you are unfit to work – even though your injury was caused at work. As such, unless you are contractually entitled to full pay whilst off sick (which it would appear that you are not), you will only receive statutory sick pay (SSP) and have to cope with a considerable loss of income as well as the pain and discomfort of your back injury.

In these circumstances, your only route to recover your lost income is by pursuing and succeeding with a claim for compensation against your employers ’employer liability insurance’ cover. With our specialist back injury Solicitors, we would look to recover compensation for the physical pain and discomfort of the injury, with the value agreed on the basis of appropriate medical evidence and long term prognosis and importantly, ensure that any lost income and incurred costs were also recovered in full.

Whilst coping with a loss of wages is extremely stressful, it is very important that you do not ‘rush’ back to work unless your GP advises that you are fit to do so. You could of course, speak with your employer to see if they have any light duties or desk work you could do temporarily in order to continue to earn your income. If they are able to accommodate such a request, it would not impact on any way upon any future claim for compensation.

Can i get benefits if i am getting paid ssp whilst out of work due to injury at work?

Whether or not you qualify for any benefits other than SSP is something that will need to be discussed with your local benefits office. It could be that you are entitled to further benefits.

I had an injury at work.
I tripped over a magnet door stop that is wedged onto the floor near the staff toilet as I came out and I fell over, sustaining a fractured leg, I’m an Agency Worker paid through an Umbrella Company and they have only paid Sick Pay for 18.5 days and the accident happened 11/11/18, which is 47 days to date, they are claiming I was part time which I’m not. I’m really stressed out financially and this is negatively impacting on my recovery journey and I also have a daughter in Uni who is fully dependent on me., as a single parent.

It may well be possible to claim compensation in this matter on the basis that the magnetic door wedge was a tripping hazard left in a dangerous position.

Given the severity of your injury and the loss of income you are facing, you should start a claim with us. Please call us on 01225430285.

I had an accident on my way to work, fell over and injured my knee. I have had to take a lot of time off. Which my employer wants to put me on an absence management plan.

Can my employer include the days that were related to my accident on the way to work. I hadn’t arrived at work.

Thank you, Jessie

If you are on your way to work, you are not legally at work. As such, your employer wouldn’t have to count the journey to work as being at work under UK law.

You may be able to make a claim for compensation for the injuries you sustained when you fell on the way to work and we would be happy to discuss this accident with you to help you ascertain whether you can pursue a claim for compensation. To this end, why not use our ‘start a claim’ page to make some further contact with us so that we can help you find out more about your rights?

I was unloading my lorry and I was on a pack of slab and slipped and fractured my foot, and was off work for 7 weeks and was only getting ssp from my employers. I put it in the accident book once I got back to the yard.

We would like to discuss your accident in greater detail in order to ascertain whether or not you can pursue a claim for compensation. Why not call us on 01225430285 or use our ‘start a claim’ page to make further contact.

I got assaulted at work due to someone I look after trapping my arm in a door on purpose , this resulted in 14 days off work and not being able to drive for 10 days . It caused nerve and tissue damage to my arm that will take a while to heal completely . It is in my contract that I will get full sick pay due to any injury received at work but this has not been the case. Do I have a claim?

We would recommend that you use our website ‘start a claim’ page to submit your contact details to us with a brief description of the incident and we’ll then call you for a more detailed discussion so that we can advise you further about any possible claim.

I recently had an accident where something sprung up and hit me in the eye causing me to be off for a week it was a freak accident no ones fault in particular but I lost a weeks pay because of it. Is it possible to claim my weeks wage back?

You can recover your lost wages if you make and succeed with a claim for personal injury compensation against your employer. You mention that the incident was nobody’s fault. However, I would ask what work you do and whether you should have had eye protection? It could well be that you feel that no individual has done anything wrong, but perhaps the employer hasn’t fulfilled their statutory duties in minimising the risk of injury through insufficient training or a lack of adequate personal protective equipment.

Hello, can a company pay full salary to a member of office staff who is off sick due to an operation for example say 3 months and deny this to someone on the shop floor who has also had an operation and needs 3 months off, is this discrimination or are the company entitled to pay what they want to whoever they want to?

The answer to what payments any employee is entitled to receive will depend on the individual contract that they have for their employment. In the scenario you describe, the office employee could be on a different contract to that of the shop floor worker and if so, it is not helpful to compare what payments each person would receive if off sick.

If you believe that an employer is being discriminatory, you should take out a grievance and raise the issue so that the employer is forced to explain things.

The dustcart that I was travelling in as a passenger crashed into a van. I have hurt my ribs and cant work at the moment, but my employer has said that I am not entitled to sick pay and that I have to take it as holiday? Am I not entitled to SSP? I haven’t got any holiday yet as I have only been there for 10 weeks. I have given them a sick note for 2 weeks.

Firstly, as a passenger in a road traffic accident you could make a claim for road traffic accident compensation and this is something we can help you with. You’ll need the vehicle registration details which should be with your employer if you don’t already have them, but we can help you if you don’t know how to get them.

Not only would our specialist Solicitors obtain a compensation settlement for your rib injuries, but they would also recover any lost income and costs incurred through the special damages element of your claim.

Employers are not obliged to pay sick pay even if you are away from work due to injuries sustained at work. As such, most employers will only provide SSP. You should be entitled to that, even though you are only 10 weeks in to the job. You should discuss that with your employer.

We look forward to helping you with your claim.

Had an accident lifting boxes on to a loading bay, felt as though my arm had dislocated, reported to my boss who recorded the incident. After physio and painkillers was sent to a orthopaedic specialist, after more painkillers (injections) it was decided a shoulder replacement was needed as a last resort for quality of life and hopefully pain free mobility. Am currently off sick, but my boss has said my sick pay will end this month. I am not allowed to drive till the end of november and then not sure if I will be allowed to lift, push or pull boxes about so may have to be on amended duties. Does he have to pay full sick pay till the doctor say I can return to work or can he put me on ssp?

Unfortunately, your Employer has no legal requirement to pay you your usual full income if you are unable to work – even if the reason for your inability to work is that of a workplace injury. Therefore, your employer is acting legally in putting you on to SSP (as long as your contract does not state that you receive full salary even whilst sick for as long as you are off – which is unlikely).

Dealing with a loss of wages due to an absence from work is a big problem for many people who are off work due to an injury or accident at work. Sadly, the only way to recover any lost income caused through an absence at work is to succeed with a claim for compensation. In your case, you could possibly pursue a claim against your employer but you would need to be able to identify an area of employer negligence to succeed. With regards to your injury, it would appear to have been caused by a repetitive strain rather than a one-off single incident. With this in mind, you may have grounds to pursue a claim against your employer if they failed to provide you with manual handling training, the correct tools to ensure that you could work safely or adequate breaks and rest periods.

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