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
Most claims are handled on a No Win No Fee basis, also known as a Conditional Fee Agreement (CFA). This arrangement is designed to make legal representation accessible to everyone, regardless of their financial situation. Here’s what you need to know about No Win No Fee claims:
- No Upfront Costs: You don’t need to pay any legal fees at the start of your claim or during the process.
- No Financial Risk: If your claim is unsuccessful, you won’t owe anything to your solicitor. This protects you from financial loss if your case doesn’t succeed.
- Success Fee: If you win your case, your solicitor will take a success fee from your compensation. This is capped at 25% of your compensation by law.
- Insurance: Your solicitor will sometimes take out an ATE insurance policy to cover any costs if your claim is unsuccessful. This further protects you from financial risk.
- Transparency: Your solicitor should explain all potential costs clearly at the outset of your claim.
This arrangement allows you to pursue justice without worrying about upfront legal costs or the risk of being left with a large bill if your claim is unsuccessful. It also motivates your solicitor to work diligently on your case, as they only get paid if you win.
Understanding the claims process can help you feel more confident and prepared as you pursue your compensation. Here’s an overview of what to expect:
- Consult with our specialist personal injury solicitors
- Gather evidence, including accident reports, witness statements, and medical records
- Your solicitor will notify your employer of the claim
- Negotiations will take place between your solicitor and your employer’s insurers
- Most claims settle outside of court unless an agreement can’t be reached
The duration of this process can vary significantly depending on the complexity of your case and whether liability is disputed. Straightforward claims might be resolved in 4-9 months, while more complex cases can take longer. Your solicitor will keep you informed and guide you through each step. They’ll handle most of the legal work, allowing you to focus on your recovery while they pursue your claim.
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.
When dealing with a workplace injury and reduced income, various organisations and resources are available to provide support and guidance.
Legal Support
Access legal assistance through:
- Trade unions if you’re a member
- Citizens Advice Bureau for free initial guidance
- Personal injury solicitors offering no-win, no-fee arrangements
- Law centres providing free legal advice
Financial Guidance
Seek financial advice from:
- Money and Pensions Service for free, impartial guidance
- StepChange for debt advice
- Your local Citizens Advice Bureau
- Benefits calculators to check entitlements
Workplace Support
Consider accessing:
- Union representatives
- HR department resources
- Occupational health services
- Employee assistance programs
Remember, while recovering from a workplace injury, it’s important to utilise all available support systems to ensure both your physical and financial recovery.
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
Your employer can only refuse SSP if you don’t meet the eligibility criteria or haven’t provided proper evidence of incapacity. If you believe you’re being wrongfully denied SSP, you can contact HMRC’s SSP dispute team for assistance.
It’s illegal for employers to dismiss or discriminate against employees for making a legitimate compensation claim. These claims are handled through employer’s insurance policies, not directly with the company.
You might be entitled to:
- Contractual sick pay if specified in your employment contract
- Additional state benefits depending on your circumstances
- Compensation through a personal injury claim if your employer was negligent
SSP can be paid for up to 28 weeks. After this period, you may need to apply for Employment and Support Allowance or other benefits if you’re still unable to work.
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