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...

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 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 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.

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.

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 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.

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.

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