Can your employer put you on sick pay after a work accident?

We are regularly asked this question about injury pay and statutory sick pay (SSP) by people who have had an accident at work, and are unable to work for a while due to their injuries.

In such circumstances, most employers will stop paying the injured worker their usual salary and instead place them on to SSP.

The difference between the average UK salary and SSP is huge and the drop in income can cause problems for injured workers in terms of paying their bills and funding the cost of living.

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

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

Eligibility for sick pay after an injury at work

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

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

Statutory Sick Pay is currently rated at £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.

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, .

Comments & Questions

Read on for questions and advice about claiming...

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

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

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

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