After an Accident at Work: My Employer Has Put Me on Statutory Sick Pay (SSP). Is That Allowed?

By Ian Morris | Updated November 15th, 2024

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

A workplace injury often leads to extended time off work, leaving many accident victims shocked when their employer switches them from full salary to Statutory Sick Pay (SSP). This significant reduction in income can create serious financial hardship, particularly when dealing with injury-related expenses.

The gap between SSP and the average UK salary is substantial. This dramatic drop in income frequently leaves injured workers struggling to meet basic financial obligations and maintain their standard of living.

While employers are legally entitled to move injured workers onto SSP, regardless of how the injury occurred, you have important rights and options for protecting your financial stability. Understanding these rights, including the possibility of claiming compensation for lost earnings, can help safeguard your financial wellbeing during your recovery period.

Should 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 salary if they are off work due to illness or injury – even if it was caused by an accident at work. Most workers will have a contract of employment that states their terms regarding sickness pay, and while some companies offer generous sickness payment schemes, most do not and will only pay SSP.

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

If your employer fails to pay SSP when you’re entitled to it, you can challenge this through HMRC’s dispute resolution process.

Statutory Sick Pay is currently rated at £116.75 per week (as from the 6th April 2024) 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.

Options for Additional Financial Support

When SSP alone isn’t sufficient to meet your financial needs, several additional support mechanisms are available to help bridge the income gap.

Universal Credit

You can claim Universal Credit alongside SSP to supplement your income, particularly if you have housing costs or dependents. The amount you receive will be calculated based on your circumstances, with your SSP payments taken into account.

Additional Benefits

Depending on your situation, you may be eligible for:

Housing Benefit or support with housing costs through Universal Credit
Council Tax Reduction from your local authority
Personal Independence Payment (PIP) for longer-term conditions

Employment and Support Allowance

If you’ve exhausted your SSP entitlement or don’t qualify for it, you might be eligible for New Style ESA, provided you’ve made sufficient National Insurance contributions in the past two to three years.

Remember, these benefits aren’t mutually exclusive – you may be eligible for multiple forms of support simultaneously, helping to create a more sustainable financial situation during your recovery period.

Injury Compensation

When you’re recovering from a workplace injury and facing income loss due to being placed on SSP, you have a legal right to pursue compensation for your financial losses. Making a workplace accident compensation claim represents the most effective path to recovering the income you’ve lost during your recovery period.

Remember, while your employer is legally entitled to move you to SSP, they cannot prevent you from seeking compensation if their negligence contributed to your accident. A successful claim can help restore your financial position to where it would have been had the accident not occurred.

Making a Compensation Claim

The decision to pursue a workplace injury claim is rarely taken lightly. While many employees initially hesitate to claim against their employer, the substantial financial impact of reduced income often makes claiming compensation necessary.

When workplace negligence leads to injuries and subsequent income loss, seeking compensation becomes a practical step to protect your financial stability rather than a choice. You may have grounds for a claim if your accident was caused by:

Inadequate training or supervision
Faulty or poorly maintained equipment
Unsafe working practices or environments
Failure to provide appropriate personal protective equipment (PPE)

What You Can Claim For

A successful compensation claim can help you recover:

The difference between your SSP payments and your regular salary
Lost bonuses and overtime opportunities
Additional expenses related to your injury
Future loss of earnings if your injury affects your long-term earning capacity

The special damages portion of your claim specifically addresses financial losses, including

Medical expenses and prescription costs
Travel expenses for medical appointments
Care costs and assistance at home
Any necessary workplace adaptations
Professional rehabilitation costs

Compensation claims are made against your employer’s insurance policy, not directly against the company itself. This system exists specifically to protect both employers and employees when workplace accidents occur. Your right to seek fair compensation for losses resulting from workplace injuries is protected by law, and exercising this right cannot legally be held against you.

Protecting Your Rights and Future Employment

Taking action after a workplace accident, whether through claiming SSP or pursuing compensation, can feel daunting. However, it’s important to understand that exercising your rights should not negatively impact your future employment prospects.

Legal Protections

The law protects employees from unfair treatment or dismissal for making a compensation claim or receiving SSP. Any such action by an employer could be grounds for unfair dismissal, potentially leading to further compensation.

Maintaining Professional Relationships

While pursuing your rights, it’s advisable to:

Keep communication with your employer open and professional
Follow all company procedures for reporting accidents and absences
Provide required documentation promptly
Be clear about your intentions and needs

Returning to Work

Employers have responsibilities to injured workers, when you’re ready to return to work:

Discuss any necessary workplace adjustments with your employer
Consider a phased return if you’re not fully recovered
Be aware of your rights regarding reasonable accommodations under the Equality Act 2010

By understanding and assertively exercising your rights, you can protect both your immediate financial situation and your long-term career prospects while recovering from a workplace injury.

How Can Direct2Compensation Help Me?

With almost 30 successful years in the industry, Direct2Compensation have genuine expertise in personal injury compensation. We can help you to understand your rights after an injury at work and how to make a claim.

Remember, if your workplace accident resulted from employer negligence, you have the right to explore compensation claims while receiving SSP. This could help recover the difference between your normal salary and SSP payments, along with other injury-related losses.

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, .

Frequently Asked Questions

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

Comments & Questions

Read on for questions and advice about claiming...

I was pulling open the curtains on the side of a lorry i was about to load, something i do 5 or 6 times daily. Whilst pulling on one of the straps it broke and the curtain ripped where it had been repaired before and i fell backwards landing on my arm. Work sent me to hospital where they confirmed it wasn’t broken but i had a torn muscle. I took a pre booked holiday for 11 days which i haven’t enjoyed because of the pain and now the doctor has given me a certificate until the 17th september and put me on strong painkillers and anti inflammatories. I have had no formal training in the 5 years i have been with the company about how to open the curtains. I will loose out on my annual attendance bonus through no fault of my own with being off work and i dont know if they will pay me my salary or SSP. Thank you.

You would certainly appear to have a valid basis to pursue a claim for personal injury compensation and we’d be delighted to assist you with that on a No Win No Fee basis. You may well be anxious about making a claim against your employer – this is a common worry for people when injured at work. However, you do have a legal right to make a claim and doing so should have no impact whatsoever on your employment rights and you cannot legally lose your job for making a legitimate and honest claim. If you do make a claim, it would be against your employers mandatory insurance cover and it would not jeopardise you or any of your colleagues at work.

As you’ve not had any training whatsoever on the use of the curtains of the wagon, your employer has been negligent and you are likely to succeed with a claim for compensation and recovery of lost income or other costs incurred.

If you would like an informal ‘no obligation’ conversation about your accident and rights so that you can make an informed decision as to whether or not you wish to make a claim, please call us on 01225430285. Alternatively, you can use our website to request a call from us or reach out to us at justice@direct2compensation.co.uk

Hi I recently had a slip at work this has been a hazard and an accident waiting to for a long time. Now it’s finally happened and I now can’t work for at least 12 weeks. am I entitled to claim?

Our view is that employer negligence is the cause of your accident at work and that you have every right to pursue a claim for personal injury compensation.

A term commonly used or referenced in personal injury claims is ‘foreseeable risk’. If there is a foreseeable risk of an injury due to a hazard, defect or known issue, then there is a duty on the employer, organisation or public venue to take action to remove that risk, prevent access to the area where the risk is, or undertake every possible precaution to mitigate the risk of an accident happening. In your case, the employer has ignored the foreseeable risk, taking no action and leaving you to sustain an otherwise avoidable injury. This is employer negligence and you can make a claim for personal injury compensation and recovery of lost income. We can help you with this on a No Win No Fee basis.

We would be very happy to speak you and answer any questions you may have about your rights after an accident at work and how making a claim works, so that you can have the confidence to pursue your claim.

Please call us on 01225430285 for further help.

My work absence policy states that if a person is off sick due to an accident has made a successful compensation claim then the company will take back any ssp payments from the compensation. Can this be right/legal?
Many thanks

Employers would not be entitled to recover money that should be paid to you. But if they had paid your SSP and your claim settlement then also paid the SSP, you could not keep that – you cannot be ‘double paid’ – if that makes sense?!

If you would like to discuss this with us and given the nature of the situation, it’s probably easier to speak about it so that we can explain your rights etc, please call us on 01225430285.

Hello, I’m an HGV driver, head on crash with car (impact 90-100mph) and a fatal outcome for the car driver. I’m not at fault. Been off for first week (minor injuries) fully paid by company but now off again due to Fatigue and Insomnia (caused by accident) an getting only SSP. Can I claim full pay?

Your employer is not obliged to pay your full salary during any absence from work – unless you have that benefit enshrined in your contract of employment.

Have sought medical attention from your GP for the psychological trauma that you are understandably experiencing as a result of this terrible incident? If you have and if you have been given treatment or referred for specialist help, we may well be able to pursue a claim for your physical and psychological injuries on a No Win No Fee basis, which if successful would enable you to also recover any lost pay.

If you would like to discuss this matter with us, please call us on 01225430285.

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?

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.

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.

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.

At work i accidentally stepped on a dolly and fell, the dolly was not in the assigned space.
Broke humerus bone in my left arm. Almost 6 months and i still recover from injury and cant put any weight in my arm. They do pay me in full at the moment, I don’t 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.

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 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.

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.

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.

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.

I hurt my back at work just over a month ago. 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. 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 although my foot 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.

After an Accident at Work: My Employer Has Put Me on Statutory Sick Pay (SSP). Is That Allowed?

Should I Get Full Pay if I’m Injured in a Work Accident?

Eligibility for Sick Pay After an Injury at Work