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

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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:

  1. Have been off work for at least four days in a row
  2. Have a regular income exceeding £123 per week
  3. 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, .

114 questions have been answered on this subject - ask us your question

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Comments & Questions

Read on for questions and advice about claiming...

Hi I had an accident at work where I ended up breaking a bone in my foot and the hospital has gave me a sick note for 6 weeks I was stepping down off the side of a van after loading it, and when my foot hit the floor it snapped I was wearing all the right company provided ppe and now I am only on ssp and was wondering if I can claim for loss of earnings

Ian Morris

Please call us on 01225430285 or request a call via our website so that we can further discuss your enquiry with a view to helping you make a claim to recover compensation for your injury along with your lost income.

Reply

I recently was involved in a road traffic accident whilst at work . Due to my injuries and nightmares following the accident I am going to go to the doctor’s to get a sick note but sick pay won’t be enough for me to cover bills . Is there anything that an employer can offer or anything else I can claim? Thanks

Ian Morris

You can pursue a claim for personal injury compensation – if the accident was not your fault. However, unless you were a pedestrian/cyclist your injuries will need to be severe for a Solicitor to be able to get involved. This is due to the recent changes made by the Insurance industry (with help from Government) that mean that any person suffering soft tissue injuries in a Road Traffic Accident cannot recover legal fees unless their injuries are valued at in excess of £5000. This would require someone to have extremely serious soft tissue injuries, requiring numerous professional health interventions over a period of 10 months or more. As such, unless you have broken bones or suffered lacerations along with any soft tissue injuries and psychological damage, we probably can’t help you.

You can however make a claim via the insurers ‘Official Injury Claim’ website. This has been set up by the insurers and does not require legal representation. Whilst that may sound great, sadly the insurers now have only to pay a paltry settlement value for injuries such as whiplash etc.

Reply

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?

Ian Morris

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.

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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?

Ian Morris

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.

Reply

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.

Ian Morris

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.

Reply

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.

Ian Morris

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.

Reply

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

Ian Morris

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.

Reply

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?

Ian Morris

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.

Reply

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?

Ian Morris

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.

Reply

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?

Ian Morris

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.

Reply

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?

Ian Morris

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.

Reply

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?

Ian Morris

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.

Reply

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?

Ian Morris

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.

Reply

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?

Ian Morris

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.

Reply

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

Ian Morris

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.

Reply

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?

Ian Morris

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.

Reply

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?

Ian Morris

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.

Ann-Marie

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

Ian Morris

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.

Reply

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.

Ian Morris

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.

Reply

Hi

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.

Ian Morris

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.

Reply

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 ?

Ian Morris

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.

Reply
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