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 sick 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.

The law

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 £111 per week
  3. Have reported the injury or sickness to the employer

Statutory Sick Pay is currently rated at £89.35 per week and is available for a maximum period of 28 weeks. Current government data shows that the average UK income in 2017 stands at £27,200 per annum – over £500 per week. With this in mind, the difference between the average UK income and SSP would see a drop in income of over £400 per week. For most people, this creates a very serious problem.

Sadly, 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 that injury or illness 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.

How can I recover my lost income after an accident at work?

If you are recovering after an accident at work 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 ability 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 against your employer for accident at work 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 employees who have been injured in an accident at work 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 accident at work compensation. 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 after an accident at work 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. Contact us today to start your claim.

135 questions have been answered below, why not ask your own?

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Questions & Answers

  • Andrea

    I hurt my back at work just over a month ago. By lifting heavy glass units and boxes of window hinges. The pain was manageable but constant. 4 weeks ago it became unbearable I still went to work as we were short staffed, and other team members did any lifting for me that I needed. 3 weeks ago I woke up and couldn’t get out of bed due to the pain causing me to fall out of bed onto my back. 3 hours in medocc and 13 hours in A and E with an MRI scan and lots of morphine I was blue lighted from Medway to Kings college hospital for emergency surgery due to a herniated disc pushing on the nerves and causing numbness in my legs. I had lumber decompression surgery. 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?

    Reply
    • Ian Morris

      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.

      Please call us on 01225430285 or use the ‘start your claim‘ page of our website to provide further information. We can discuss the lifting that you were doing 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.

      Reply
  • Michelle

    Hi I just want to know where I stand with being paid while I am off sick due to an accident at work. I was working nights in a care home with an agency staff and she had mopped a hall floor and not put a wet floor sign out. I walked over the floor and proceeded to go down the stone cellar steps ( our laundry room is down there ) I didn’t realise the bottom of my shoe was wet and I slipped and fell on my back and elbow causing significant bruising. I attended the hospital and they confirmed nothing was broken but I can’t work as I am in a lot of pain.

    Reply
    • Ian Morris

      Your employer is not obliged to pay your salary – despite the fact that you are off work through an injury caused by negligence at work – unless your contract includes a clause that affords you sick pay. As such, your only way to recover any lost pay or costs that you incur through your injury and not being able to work is by pursuing a claim for personal injury compensation.

      In your case, it would seem that you have a strong claim due to the lack of hazard signage and this is likely to be seen as negligence. Your claim is certainly a matter that we would very much like to help you with. Please call us on 01225430285 or provide more details via the ‘start your claim‘ page of our website and we’ll have your claim placed with one of our specialist Personal Injury Solicitors to act for you on a No Win No Fee basis.

      Reply
  • jon

    I was recently attacked at work whilst undertaking my duties as a support worker. A service user with a history of assaulting staff threw hot water in my face and struck me with a tin resulting in an injury very close to my right eye. Coming very close to potential impairment of sight or worse has caused me considerable psychological stress and my GP was kind enough to sign me off sick for approximately six weeks. On my return to work I was placed with another service user whom I subsequently discovered also has a history of assaulting staff and on my second shift he ripped the headrest off the car we were travelling in. Management then decided to relocate me again but I am now being placed on stage 1 sickness. I would like to know if I can claim compensation as I consider their actions to be negligent, (as far as I know the first service user is still allowed unsupervised access to a kettle despite these multiple incidents)

    Reply
    • Ian Morris

      It would certainly appear that you have valid grounds to pursue a claim on the basis of employer negligence.

      Please visit the start your claim page of our website to provide both your contact details and a summary of the incident mentioned here. We’ll then call you to discuss the matter further and make arrangements for one of our specialist Solicitors to assist you on a No Win No Fee basis.

      Reply
  • Lisa

    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.

    Reply
    • Ian Morris

      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.

      Reply
  • Balwant

    I fell on an uneven pavement tripped and fell on a mental box broke my wrist and can’t go to work as incast work says no pay from 12 th July can I make a claim as it’s Ealing council street and I work for them too will it cause any problems

    Reply
    • Ian Morris

      The fact that you work for the local authority in question is irrelevant to your claim and you would not lose your job or face sanction from your employer should you pursue a legitimate claim against them.

      Please email photographs (ideally with measurements) of the uneven pavement surface that caused you to fall to us at justice@direct2compensation.co.uk so that we can review them and advise you as to any potential No Win No Fee claim for personal injury compensation.

      Reply
  • Leslyn

    My name is Leslyn I had a slip and fall at my work place, having pain in my shoulder and my lower back, I can’t go to work doctor says I am not fit for work. Going true doctor visit and teropety treatment at the time .Should I get my full pay I just want an answer.
    June 21 . O6. 2021

    Reply
    • Ian Morris

      You will only receive full pay whilst off sick if you have a contractual agreement with your employer to provide sick pay. Sadly, the law does not require employers to pay full sick pay to workers unable to work – even if they are away from work due to injuries sustained whilst at work. As such, in your case, if your employer does not pay sick pay, the only way you can recover your lost income is to pursue and succeed with a claim for accident at work compensation which would see you obtain compensation for your injuries and recover any losses or incurred costs caused by the same.

      Reply
  • David

    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.

    Reply
    • Ian Morris

      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.

      Reply
  • Stephen

    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. Trapping my foot against the ground, the metal brake mechanism then dug into my boot and damaged the heel of my foot. Although it was extremely painful I carried on working for the rest of the day. 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 the next day hoping my foot would be okay. The pain gradually got worse so was unable to work the day after. I visited the doctor and was told to self certify for the first weeks sickness. After the first week I contacted the doctor again and he signed me off for another 14 days. I returned to work although my 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

    Reply
    • Ian Morris

      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.

      Reply
  • Darren

    I had an accident at work in October 2020 and now I am being told I could lose my job if my performance doesn’t improve. The problem is the injury is causing me to struggle. Can they fire me?

    Reply
    • Ian Morris

      UK employment law would enable an employer to terminate the employment of a worker if their health or fitness prevented them from being able to perform the duties that they were employed to perform. However, an employer would have to go through due process and would have to allow the employee every opportunity to recover and return to their duties before they commenced the process of terminating the employment.

      Reply
  • shane

    I ruptured the ligaments in my right thumb at work and have been off now for 4 weeks from today. my hand is in a cast for another 9 days before I can return to work. can I make a claim?

    Reply
    • Ian Morris

      You may well be able to make a claim. For us to advise you further, we need to discuss your accident at work with you. Please use the ‘start your claim for compensation‘ form on our website to make further enquiries and we can then discuss your situation with you and help you to make your claim for compensation.

      Reply
  • Sue

    I have went over on my ankle on part of a uneven pathway at a customers site, thinking this was only a sprain my boss took me home, couple hours later the pain got worse so got took to hospital only to find ankle is actually broken, off work for 4 weeks if not longer as in a cast. What are my rights

    Reply
    • Ian Morris

      You have a right to make a claim against the owners/insurers of the land in question. It is therefore important that you make sure that a written record of the accident is made and passed to the property owners.

      To pursue a claim, you’ll need evidence to support the claim – in this case, it will be photographs showing the uneven pathway and the cause of your ankle injury.

      Reply
  • Chris

    I have recently broken a bone in my foot whilst at work. I was using an electric pump truck and was walking backwards when my heel of my foot pushed against a corner of a pallet so I slipped backwards and the pump truck kept on going and twisted my foot 90degrees clockwise whilst my leg stayed the same way. Manager dropped me off at home as they stated it was probably sprained and to get it checked out at a different time. After a while at home it got worse so I rang the hospital and eventually had an xray and confirmed I had broken a bone in my foot. I am currently an agency worker working for the company for 4 weeks.

    I was just wondering what is the process of being off work and payments as I still have bills to cover and a house to keep over my wife and kids head.

    Many thanks

    Reply
    • Ian Morris

      Firstly, it would appear that you have valid grounds to pursue a claim against the workplace and their insurance cover for such incidents. As you have tripped over a pallet, there may be grounds to argue that the workplace was unsafe due to hazards and obstructions. If you would like to discuss this further and gain a better understanding of your rights, please call us on 01225430285.

      In terms of your pay, sadly, if you cannot work, you are likely to be unpaid. Employers are not obliged in law to provide sick pay – even if you are off through injuries sustained at work – and your only way to recover lost income will be by way of making a claim for personal injury compensation. You may be entitled to Statutory Sick Pay or other benefits in the period when you cannot work, so you should look in to that too.

      Reply
  • Jacob

    Hi, I had an accident at work and 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

    Reply
    • Ian Morris

      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.

      Reply
  • Justin

    Hi, I recently injured my back, shoulder and elbow at work trying to unload a fire door that was significantly over the weight that my company states is the maximum on their risk assessment, I have been off work for 2 weeks and I’m expected to be off for a further 2 weeks at least on advice from doctor and chiropractor, the door should have been loaded and unloaded with a forklift as per the companies risk assessment also I have not received any manual handling training for over 4 years and none since the company started producing this type of door, do I have any grounds to claim loss of earnings? My company is being very awkward and won’t provide details on the weight of the door and are basically laying the blame with myself. Any advice would be much appreciated.

    Reply
    • Ian Morris

      You most certainly can recover loss of earnings by pursuing a claim for personal injury compensation against your employers insurance cover. The lack of adequate manual handling training provision is certainly an issue that will cause the employers problems in defending any claim, as would the weight of the door that you were expected to lift and move.

      My view is that you have a valid claim and one that should be pursued as your loss of earnings can be attributed to employer negligence.

      We appreciate that making a claim against an employer is something that will lead to an element of anxiety as no worker wants to find themselves pitted against their employer. However, the reality is that you should not be concerned about taking legitimate action. Your claim would not directly impact the employer and your colleagues would not have any knowledge that you were pursuing a claim unless you chose to inform them. You cannot be discriminated against by your employer for exercising a legal right to pursuit of compensation for injuries or losses caused through no fault of your own.

      Reply
  • Ginna

    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?

    Reply
    • Ian Morris

      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.

      Reply
  • Chibu

    I am currently am on sick leave (since January 2021) due to an injury sustained at work. 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?

    Reply
    • Ian Morris

      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.

      Please use our initial claim form to provide further details about your injuries and how they happened. We’ll then be able to contact you and advise you of your rights and offer some help in this difficult situation. 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.

      Reply
  • Jay

    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.

    Reply
    • Ian Morris

      Please call us on 01225430285 or we can call you if you prefer (just use the start your claim for compensation form on our website) 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.

      Reply
  • Wayne

    I had an accident at work 7/11/2020 with a record placed in their accident book
    were I attended A&E and was given a fit note by my doctor
    I have been waiting for SSP but have been informed today 26/01/2021 from HMRC dispute team that I need a SSP1 form from the agency .
    They have informed me that I wasnt 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

    Reply
    • Ian Morris

      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.

      Reply
  • Christian

    Can I be forced to take ssp even if I’m fit to work? I’m being forced to wear a mask due to covid but I’m exempt my boss told me he would put me on ssp if I didn’t do as I’m told

    Reply
    • Ian Morris

      If you have a genuine exemption from wearing a mask, you should be able to provide evidence to the employer. If the employer refuses to accept the situation, they cannot force you on to SSP – that would be a misuse of the SSP provision. SSP is a statutory benefit that is only available to qualifying employees who are either sick or injured and unfit to work as a result.

      Reply
  • Laura

    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…

    Reply
    • Ian Morris

      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.

      Reply
  • Mitchell

    I had an accident at work two weeks ago. I work in a warehouse picking stock for supermarkets onto pallets. We travel around the warehouse on low level order pickers (LLOPs). I began my shift at 5 am where I collected my LLOP and proceeded to the pallet station to pick up my pallet to start my order pick. I collected it and was waiting to pull out onto the travelling road where another agency worker crashed into the back of my vehicle and caused severe neck and back pains. I reported the accident straight away and was taken to A&E by the Company. I have been signed off work by the doctor for 5 weeks at the moment. The agency I work for and the company where I was working have been communicating through their retrospective HR. I have been told today that I will not be receiving my full pay, but instead, receiving SSP. I have read into this and understand they do not have to legally pay me full pay. But how do I go about recovering my lost income? The man at the agency said it’s a tricky situation because I’m an agency worker, who was hit by another agency worker, from a different agency, on another companies premises. He sounded like he was trying to talk me out of making a claim. And I’m worried if I make a claim they will not have me back when I have recovered. Where do I stand on this situation? Am I illegible to claim for my lost income and my injuries?
    Thank you

    Reply
    • Ian Morris

      You are correct in that the employer(s) do not have to pay your usual salary whilst you are unable to work and can legally place you on to statutory sick pay (SSP). The only way that you can recover your lost income (the difference between the SSP payments you’ll receive and your usual salary) is to make a claim for accident at work compensation. Given the description of your accident and injuries, my view is that you have a strong claim likely to succeed. Whilst you and the other driver may have been agency staff, the company for whom you were working on the day – rather than the agencies – are the party that would face the claim (their insurance anyway).

      Legally you cannot be sacked for making a claim by an employer, so your working rights and the opportunity to return to the same workplace in a few weeks time should not be affected. Our No Win No Fee service affords you the opportunity to seek compensation for both the physical injuries sustained and also to recover your lost income, without you needing to worry about the costs of the claim should it not succeed.

      If you would like to discuss this further with us – even if you are not sure about actually making a claim – please call us on 01225430285. Alternatively, you can get further help by providing more details via the ‘start your claim‘ page on our website. We can then call you to offer help and advice. There will never be any pressure from us for you to make a claim, but we’re more than happy to help you to understand your rights and pursue a claim for you if you wish to do so.

      Reply
  • Grant

    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 .

    Reply
    • Ian Morris

      We can help you to recover lost wages and receive compensation after your accident at work. 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.

      You can start your claim for compensation now on our website or you can reach us on 01225430285

      Reply
  • Michelle

    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?

    Reply
    • Ian Morris

      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.

      We’d like to speak with you to help you make your claim. You can contact us on 01225430285 to get more help, or if you prefer, use our ‘start your claim for compensation‘ page to get the ball rolling.

      Reply
  • Julian Leigh evans

    Hi I had an RTA in September with a bus losing control and drove in to the back of my works van.My union is dealing with the coach company but the air bags did not delploy when the bus hit me into parked cars causing me to be knocked unconscious. Now I have flashbacks and anxiety as well as depression is there anything you can do to help please.

    Reply
    • Ian Morris

      Are your Union acting for you in your claim for personal injury compensation? If not, please call us on 01225430285 for further help. Our specialist Solicitors would be happy to pursue a claim for both the physical and psychological injuries you sustained in the accident.

      Reply
  • Leonora

    I injured my back at work had 7 weeks off work and my sick note runs out on the 23rd off november I’m currently under physio and pain management has I may off slipped a disc or pulled ligaments due to transporting a resident from chair to wheelchair with the help off another work colleague. I carried on working my 14 hr shift and the rest off the week using pain killers but the pain got to unbearable that I went to a and e and that’s where they said maybe pulled ligaments . Sick note to say do light work went into work the following week and was unable to do my job couldnt bend or hardly walk the resident in question was not stated in her care plan to use a hoist but I’ve been told now it’s in place after my injury accrued i was just seeing if i would be eligible for loss off earnings as I’m only receiving ssp at the moment . And topped up by universal credit

    Reply
    • Ian Morris

      The only way to recover any loss of income or other costs is to pursue a claim for personal injury compensation against your employers insurance cover. It would appear that the employer has failed you – albeit without meaning to, with regards to the care plan and the requirements for the person you were tasked with caring for.

      We would be very happy to further consider and investigate your situation with a view to making a No Win No Fee claim for you.

      Reply
  • Reece

    I was sent home from work last night due to an injury that wasn’t my fault. Am I legally allowed to take time off for my injury to get better?

    Thanks

    Reply
    • Ian Morris

      If your injury requires rest, your employer should not compel you to work and your Doctor should provide a sickness certificate to confirm the need for absence from work.

      How were you injured? As you were injured at work through no fault of your own, there is every chance that you could make a claim for work related injury compensation. Please call us on 01225430285 if you would like further help and advice with this matter.

      Reply
  • Costas c

    Hi there need some help advise and next step to take . I have been working with Lidl for 10 years .and now I have some pain on the lower body painful vains due to lifting to much .. what rights do I have to a claim.

    Reply
    • Ian Morris

      When did you first develop the pain? If it was within the past 3 years, have you seen a Doctor? Has your employer provided manual handling training to enable you to lift safely?

      Reply
  • thomas

    Can a Manager send you home from work for making a complaint? I had complained that I had injured make back while doing a job I was asked to do and I asked for the injury to be recorded in the the accident book.

    The Manager told me to go home as I was shouting in the office. I work in a kitchen assembly factory and I said that I wasn’t shouting, but due to the noisy machinery, I had to raise my voice to talk over them. The Manager just said to go home.

    Reply
    • thomas

      I contacted my head office in the midlands (Avanti Kitchens) to make a formal complaint against my Assistant Manager. I talked to Head Office and made a formal complaint and was told that the Manager in question would be contacted and I was told that if this wasn’t resolved that I should again contact them if this isn’t sorted.

      When I went to work the next day, I asked my manager if he had received an Email From the Operations Manager and he says yes. I was then sent to drive for 6hours around England with a sore back as I had injured my self the day before lifting worktops over 100kgs myself without assistance.

      On my return to the workplace at 14.10hrs, the Manager took me to his office and said that if I ever contacted Head Office again, I would be sacked and he sent me home.

      Reply
      • Ian Morris

        There are two things here. Firstly, your back injury sustained at work lifting weights of over 100kgs indicates that you have a valid claim for personal injury compensation against your employer. That level of weight should not be lifted by one person without mechanical assistance and the fact that you have injured your back whilst lifting such a weight indicates employer negligence.

        Please call us on 01225430285 so that our team can speak with you and explain how our specialist Solicitors can help you claim compensation for the pain and discomfort caused to you. Alternatively, if you would prefer to email me directly, please do so to ian@direct2compensation.co.uk and i’ll be only too happy to help.

        Secondly, it would appear that your Manager is flouting employment law and making threats to sack you that they have no right to make. As an employee, you are free to make reports or direct contact with your Head Office and the threat of dismissal made by your employer is contrary to employment law. You should immediately report this to your Head Office and Line Manager in writing.

        If you would like separate employment law advice, we have a specialist Solicitor partner able to offer such a service.

        Reply
    • Ian Morris

      The Manager cannot send you home for simply making a complaint. They could send you home to rest if they felt you were injured or needed to calm down. However, from what you have said it would seem that the Manager has acted incorrectly. We would recommend that you inform your employers Head Office about this.

      Reply
  • Stephen Harris

    I fell off my machine at work in March & hurt my shoulder. I have not been in work since – I had 3 weeks off after the accident although the company kept asking me to go back, but then lockdown came and I’ve been out since.

    I have been in so much pain since this accident and have seen Doctor after Doctor. I have also seen a physiotherapist many times & now they tell me that I’ve done something to my spine and I am now waiting for an MRI scan to see what the problem is.

    I have been taking pain killers like smarties, but it’s not working. I saw the physio today and she has taped my shoulder up but I don’t think it’s going to help. Please tell me what I can do?

    Reply
    • Ian Morris

      Please can you respond to explain what machine you were operating and how you fell from it? Clearly, you have a serious ongoing injury. If we can establish that the injury could have been avoided and identify employer or colleague negligence as a cause of your fall, you would be entitled to claim compensation for the injury and if successful with your claim, access specialist private rehabilitation therapies and recover any loss of income related to the incident and injuries.

      Reply
  • andrew jeffery

    I work for a company that works in partnership with a water company . I have had 3 accidents in the last few months but this is the one that has caused me to have time out on sick due to injury today .
    who is to blame my firm or the water company that owns the land .
    Also would this be classed as a industrial accident and would i get full pay .

    Reply
  • Judith

    Hi,
    this is the second accident I have sustained on this site.
    The first time I put it in the accident book ( random piece of paper because he said he didn’t have time) this time my shift was about to finish when I fell.
    The first aider did nothing didn’t even move out of her chair.
    I got my coat went home very sore limping to see the dr.
    However another member of staff did come to help me up.

    Reply
    • Ian Morris

      Have you pursued personal injury compensation claims for the injuries sustained? Either the first or second accident at work? If not, we may be able to assist you on a No Win No Fee basis. If you would like further help, either call us on 01225430285 or if you prefer, you can ask us to call you.

      Reply
  • Pam

    My injury was caused by a patient in the. Childrens mental health ward I work in. An report was completed for the incident as I was kissed several times by the patient and police report was done I was given a crime number. Can I claim loss of earnings if I only get SSP from my Employer

    Reply
    • Ian Morris

      You can pursue a claim against your employer if they have been negligent in this matter. If the employer failed to provide you with the right training or if they had failed to provide a detailed risk assessment, you could hold them liable for any injuries sustained and for any loss of income caused. Our specialist Solicitors can pursue a claim for you.

      Reply
  • Laura

    I work as a family Worker for the local authority. I have a family who I am working with whereby the father had an accident at work a few years ago. He injured himself quite badly, (the accident went int o the Accident Book)however he was able to go back into work initially. This injury is now causing him a lot of pain, he is having injections in his spine as he is having extreme difficulty with his mobility. His work are no longer paying him and as far as I can see are not offering reduced working conditions.
    I believe the accident happened over 5 years ago so does that mean he is no longer in a position to seek any compensation from his employee? The accident is the cause of the ongoing pain. I just want to advicehim of his best course of action.

    Reply
    • Ian Morris

      UK Personal Injury law would have required him to make a claim within 3 years of the date of the accident. As 5 years or more have now passed, he is unable to pursue any claim.

      Reply
  • liam

    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.

    Reply
    • Ian Morris

      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.

      Please call us on 01225430285 or use our claim form to get further advice and help from us.

      Reply
  • Mike

    I broke my knuckle whilst working for PMP Recruitment, I gave them all of my sick notes during this period. However I did not receive any SSP for the 4-6 weeks that I was off work. Would I be able to make a claim?

    Reply
    • Ian Morris

      Before we can be certain as to whether or not you can make a claim for the injury you sustained at work, we need to know what happened to cause the injury.

      Please email us with a description of what happened and how you broke your knuckle so that we can advise you further. You can reach out to our helpful staff at justice@direct2compensation.co.uk

      Reply
      • Mike

        I broke injured it at a pub, however I was still expected to work whilst injured which may have made it worse

        Reply
        • Ian Morris

          How did the break happen? What were you doing at the time? The cause of the injury is particularly relevant as by knowing what you were doing and how you were injured, we can ascertain whether you can pursue a claim for personal injury compensation.

          Reply
      • Steven

        My employee slipped and fell and fractured his right arm and is now in a cast.He was wearing the correct footwear , supplied by me. He is off work for approximately 6 weeks as instructed by the hospital. The injury happened in the kitchen area. He slipped on a wet surface due to a leak from a faulty pipe which was gushing out water. The leak was noticed and reported to the plumber, who was called and arrived within the hour. Unfortunately while trying to stop the leak he slipped on the wet surface and fractured his arm. The employee is also related to me and works in our family run takeaway.
        It was an unfortunate accident and I would like to know the best action to take for both parties.

        Reply
        • Ian Morris

          Whether or not the employee is a family member, they do have the right to make a claim for compensation for their injury and any associated loss of income.

          If you are insured, you could contact your insurers to discuss the matter (and you shouldn’t worry about doing so). You may wish to speak with your family member and offer to pay them during their enforced absence from work and assist with rehabilitation therapies.

          Reply
  • Rose

    I fell at work and have rotator cuff injury due to equipment being left on shop floor been off for nearly 6 months and need to get back to work but due to covid 19 my work is closed will I be put on furlough

    Reply
    • Ian Morris

      If your workplace is closed, your employer is likely to furlough you – if the scheme is still available and you qualify for the scheme.

      With regards to your injury, have you pursued a claim for compensation against the employers insurance? Your injury can be attributed to negligence – the equipment being left on the shop floor – so it is likely that you have a valid claim. We would be happy to assist you with this, so if you haven’t already made your claim, please call us on 01225430285 for help.

      Reply
  • Chris

    Hello, I’ve been off work for a year due to a work accident caused by my employer, which they admitted too.
    They have paid me for the last year, but have now furloughed me, and after that they are saying I would have to take holiday to still be paid.
    I feel like they are trying to rush me even though my injuries haven’t healed. I’ve had one finger amputation and 2 fingers still recovering and could still be unfit to work for months.
    Could you give me some advice please? Thank you
    Chris

    Reply
    • Ian Morris

      You have clearly sustained serious injuries with permanent consequences and it is therefore understandable that you don’t feel ready to return to work and feel vulnerable. The fact that your employer has paid you for a year is unusual and should be seen as a good indication that they are a good employer. However, even if liable for your injuries, the employer isn’t obliged to pay you whilst you are off sick and it may be that they are now at the stage where their own policy for paying injured or unwell employees doesn’t allow them to pay you if you cannot work. However, you would be able to recover any loss of income through any claim for personal injury compensation.

      It would be wise to have a meeting with your employers and express your concerns about not being fit or ready to work and perhaps see if you can agree some sort of phased return, perhaps on light duties or in a role that would enable you to return to work without requiring you to risk your recovery etc. You may find the employer is keen to work with you in that regard.

      If you don’t already have a Solicitor acting on a claim for personal injury compensation, please call us on 01225430285 as we have specialist Solicitors that would jump at the chance to represent you in this matter.

      Reply
  • Tracey

    Tracey I had an accident at work, when going through my clients front door my clients cat run through my legs which caught me of guard I fell from door step into a fence, the following day spoke to my doctor as my knee had become swollen and having difficulty walking on it they advised me that I need to take 2-4 weeks of work which I can’t afford to do, my question is if I do go back to work will my claim become void?

    Reply
    • Ian Morris

      The key issue in this case as to whether or not you have a valid claim for personal injury compensation is the cause of your fall. If the only reason you fell is that the cat caused you to lose balance, there is almost no prospect of successfully holding anyone liable – the client or the employer.

      Reply
  • Linda

    I fell over a large table at work that was put there by my employer – I have fractured my elbow and have been put off sick for one month – my employer states the injury was my fault as I was wearing crocs ( I work in a end of life /nursing home – do you think that is correct?

    Reply
    • Ian Morris

      The kind of footwear you mention is common within such employment settings and would not prevent you from pursuing a claim. In certain cases, the nature of someones clothing or footwear can be considered to have ‘contributed’ to an accident, but it is unlikely that you would not be able to claim simply because of the footwear you used.

      Whether or not you can make a claim will depend more on the nature of the accident and why you fell on the table? We need to find out more from you before we can evaluate this further, so please call us on 01225430285 or you could ask us to call you if you prefer. If the table was placed in a hazardous location and prevented safe working, you may well be able to claim against your employer and we would like to assist with that is it is appropriate to do so.

      Reply
  • Marie

    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

    Reply
    • Ian Morris

      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.

      Alternatively, if you prefer you can ask us to call you when it best suits you. If you would like us to do that, just let us know when you want us to call and we’ll be in touch.

      Reply
  • Darran

    I fell backwards off some stairs it was about 20ins high the hand rail wasn’t in place because it was a refurb. I was working on the stairs I’m a floor fitter putting nosings on the stairs.
    I fell backwards I was injured went to hospital had two x-ray nothing broken. I was off work for 4 weeks having physio weekly this was in June 2019. Now I need a operation, I have snapped 3 tendons in my shoulder going to be on sick for 6 months at least. HSE have been involved took photo’s.

    Reply
    • Ian Morris

      This is a potential claim we would like the opportunity to investigate and place before our specialist Solicitors. Please call our team on 01225430285 or use our ‘start a claim‘ page to make an initial enquiry with some detailed information.

      Reply
  • Sean

    I was collecting an old freezer for my employer an 8ft tall stainless steel one probably weighed 100-120kg I had no tail lift on my van (my first time without one) as I pushed the top in the van it slipped towards me I stopped it but in the process have torn my rotary cuff do I have a claim?

    Reply
    • Ian Morris

      Your employer appears to have been negligent in expecting you to lift an item of such a vast weight without assistance and without a mechanical tail lift. We feel you do have a valid claim and would like to help you pursue your legal rights.

      Please call our team on 01225430285 so that we can take some further details and explain the claims process to you. We can then get one of our specialist Solicitors to review this for you and pursue your claim. Alternatively, you may prefer to use our ‘start a claim‘ page to make further contact.

      Reply
  • Sarah

    I had a slip at work and landed on my face, I don’t know why I fell my legs just went from under me. The floor wasn’t wet and a sign was out in the area I was working – I’m a cleaner – I have been off two weeks because of my injuries and only getting SSP, as this was an accident at work but doesn’t seem like anyones fault can I claim for full pay?

    Reply
    • Ian Morris

      Without being able to identify any negligence that lead to your fall and without even being sure why you fell, you cannot make any claim. Sadly, even though you were injured whilst at work, your employer is not obliged to pay your usual salary.

      Reply
  • Craig

    I fell off my dumper 2 weeks ago due to the ground being uneven and rolled my ankle and smashed my back. I reported it 11 days later because it wasn’t as bad and my sister had past away so all I was thinking was that at the time.

    It gradually got worse and have ended up in hospital due to the pain and still trying to recover. I don’t get sick pay and ssp doesn’t touch any where near I need to live. I was wondering if I have a claim or is this going to be a problem for me?

    You are right I don’t want to claim but. I get married in 2 weeks and the thought of heading into a new month with no money as a newly wed is quite upsetting.

    Thank you

    Reply
    • Ian Morris

      If you feel that your injury could have been avoided if the employer had taken appropriate action to make the workplace safe, you have a legal right to make a claim.

      If you would like to start your claim with us, please call us on 01225430285 or you can start the claims process on our website.

      Reply
  • Kyle

    Hello, I’m just wondering how I stand with the regards of re-claiming my sickpay back due to an injury at work. I’m only entitled to 10weeks a year and I was off for over 7weeks 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.

    Reply
    • Ian Morris

      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.

      Reply
  • Shell

    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.

    Reply
    • Ian Morris

      We can certainly investigate whether or not you can make a claim for accident at work compensation 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.

      Please call us on 01225430285 should you wish to discuss making a claim. Alternatively, we can call you at a time that suits you if you prefer. If you would like us to do that, please let us know when you would like us to call you.

      Reply
  • lynne

    I had a fall at work due to tripping over a chair (that shouldn’t have been there), in a small cupboard where I had to put the till takings into the safe.

    I went to the hospital the next day because my knee had swollen and was very painful. I was told to keep my leg elevated for two days and if the pain was not any better that I was to go back the Doctor who said that I had badly bruised my knee. Therefore I was absent from work for two days and my employer stopped me two days wages and I will loose £100 of my bonus (£50 per day).

    As this was negligent am I entitled to my pay and bonus? One of my colleagues heard my fall but was with a patient and could not come up to me. I was very shook up and in tears when I finally picked myself up.

    Reply
    • Ian Morris

      The cause of your accident is something that would indicate that you are free to pursue a claim for personal injury compensation. Sadly, the only way that you can recover your loss of income and lost bonus payment is to pursue a claim against your employers insurance for personal injury. If you were to succeed with such a claim, you would be able to recover any lost income by way of the special damages element of your claim.

      You should make sure that an accident report (accident book or similar) is made at work outlining what happened, when and why as well as noting your injuries. Such a record will protect your interests going forwards should you choose to make a claim for personal injury compensation.

      We would be happy to help you start the process of making your claim for personal injury compensation. Please call us on 01225430285 or if you prefer, ask us to call you at a time that suits you.

      Reply
  • Dorothy

    I would like a bit of advice. My partner had a slip and trip at work nearly 2 months ago and hurt his knee, has a scar on his head (due to hitting radiator) and had elbow and back pain. The employer didn’t not contact with him at all – he had no HR welfare call or anything like this during the past 2 months while he has been off work.

    My partner has provided sick notes from GP and awaits physiotherapy within next two weeks. He is still walking using one crutch and is now getting stressed about money and our family.

    My question is this: Is there anything he can do at the moment or does he need to wait until finishing the physiotherapy course? He is seriously worried about recovering and our finances.

    Finally, the next of kin (which is me) was not contacted when he was hurt even though he had been taken to the hospital. He was left on his own in the hospital without any money or anyone from work to support him (that hospital was 40 minutes drive from home). What could I do if anything to make sure this does not happen to anyone else at that workplace?

    Reply
    • Ian Morris

      Your partner does not need to await the outcome of his physiotherapy treatment or for his recovery before he can make a claim. Indeed, he can pursue a claim as soon as he wishes to do so and it is wise to start a claim at the earliest opportunity if you are minded to do so.

      In your partners case, he can proceed with a claim for slipping accident compensation and we can assist him in doing so via the specialist Solicitors that represent our clients and the No Win No Fee service that they offer. Your partner has suffered injury due to slipping at work. Of course, we do not yet know the details of the slip – what the hazard was that he slipped on, nor whether there were any hazard signs erected etc, so we would need to find this information out before we could pass this matter to our Solicitors.

      If your partner would like to pursue a claim, we would gladly assist him. He can find out more about his rights – without any obligation to pursue a claim – by calling us on 01225430285 or by asking us to call him to explain his rights and how the process works. Importantly, he should be aware that making a claim in no way jeopardises his legal right to continue with his work when he is recovered.

      In terms of the employers failure to advise you that your partner had been injured and was in hospital, whilst it is poor on them in terms of general support and welfare, there is no legal requirement for them to have informed you – indeed, they may not have realised the severity of the situation at the time. However, your concerns that this should not happen again in the future should be raised with the employer and you could therefore write to the Managing Director to advise of your concern and ask them for their observations regarding ensuring that the same would not happen again in the future.

      Reply
  • Oliver

    Hello, I work as a Kitchen Porter in a very small narrow kitchen which requires lifting crates full of plates down and into the dishwasher and out and up onto the surface repetitively for long periods of time, washing in a sink which is far too deep and causes you to bend a lot, constantly up and down steep stairs carrying heavy bags of rubbish. A morning after working last summer I woke up with my back frozen and had to call into work, after about 3 days off I felt I could go back to work but my back/hip has never felt right since. i have worked part time to full time hours most of the year but with heavier shift felt the pain was exacerbated. This eventually made me have to take even less hours because of the pain and frustration it was causing but still it has got worse to the point I have had to take indefinite leave (I’m on 0 hours contract). Been to 6 GP visits, referred through to physiotherapy and had it expedited because of the pain it is causing and an A and E visit which they gave me an x-ray rather than an MRI and failed to see anything wrong with my bone. Into my 5th week off work and still feel like something is wrong in my back. It’s causing constant pain and deep discomfort around my left lower back and hip affecting my walking, standing and sitting and causing pain when transferring weight or being on my feet and now they are refusing to allow me back to work until I tell them I can guarantee it is better. I have never given any written warning to my work about the kitchen size being too narrow to lift properly and also about having narrow access to the street level out back when carrying up heavy bags full of waste. They are aware of my ongoing back injury because I have complained by word of mouth multiple times when I’ve been in pain but struggling to finish the shift because there is no cover. Can you advise me if I have any rights in this situation? I feel even hesitant to search for other work now because my pain and discomfort keeps getting worse with minimal activity and think I am unable to claim any sort of sick pay especially with NHS not diagnosing the problem and just throwing basic stretches at it which I have been doing and seem to not be helping.

    Reply
    • Ian Morris

      Has your employer ever provided you with manual handling training in order to enable you to lift and move items safely? If not, you could certainly look to make a claim against them for the injuries you are now struggling with. If the employer did provide manual handling training, there is still a possible claim to pursue as it would appear that the working environment prevents you from working safely in any event.

      Reply
  • Maggie

    I slipped on the café floor at work, there was a spilt drink, that should have been wiped up after an employee loading plastic bottles of drink into a refrigerator. I hurt my left knee and and elbow but now my back and hip is aching. Can I claim? This is my second fall at work due to employer negligence. Within the last three months.

    Reply
    • Ian Morris

      Yes, you can and should make a claim for compensation. Make sure that an accident report has been completed in the accident book and that medical attention has been sought. Once that is done, please either call us on 01225430285 or ask us to call you at a time that suits.

      Reply
  • Sean

    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.

    Reply
    • Ian Morris

      Had your employer provided you with manual handling training? Had they 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.

      Reply
  • Lorraine Scaife

    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?

    Reply
    • Ian Morris

      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. You can call us on 01225430285 or or we can call you at a time that suits if you prefer.

      Reply
  • Ryan

    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?

    Reply
    • Ian Morris

      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 in an accident 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 caused by the injury at work.

      Reply
  • Matt

    I pulled/torn a muscle moving podium steps, I have made complaints 4 weeks previous that they are to big and heavy to use. Also on the day of the injury, after a audit, issues were raised about these steps. I’m a now getting pressure from my work H&S guy to provide diagnosis results from my hospital visit, rings me every day asking if I’m returning to work and asking me to fill in site maps of injury and what took place. I reported it next day after I was in immense pain and followed procedures, and they contacted the site it happened on as i couldn’t go into work. Is this correct procedure from my work as my A&E said they have no right to ask, and shouldn’t be asking for this?

    Reply
    • Ian Morris

      Your work should not be pestering or hassling you whilst you are off work – if you are off work on the basis of a Doctor signing you off. However, there is not necessarily anything untoward in the employer wanting to know about your injury and the location of it and to gain an understanding of the event in which you were injured. One would hope that they are taking this action in order to make sure that it doesn’t happen again.

      Given that you had warned the employer that the podium steps were too large and difficult for one person to move and this was ignored, there is a good chance that employer negligence will attach in this matter and that you could therefore succeed with a claim for personal injury compensation for the injury you suffered at work.

      Reply
  • Ken

    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.

    Reply
    • Ian Morris

      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.

      Reply
  • Jeanette

    I work in a school with a special needs child. As I went to sit down he had moved the chair causing me to fall on the floor. I have been off work with a bad back for three weeks and will probably need a bit longer. Do I qualify for anything?

    Reply
    • Ian Morris

      If you have recorded the incident and injury details within the employers accident book, you could then look at whether or not you can make a claim for compensation.

      Clearly, this incident was caused by a child doing something silly and not necessarily due to employer negligence. As such, it could be that you may not have a claim. However, if the employer has failed to correctly risk assess this child and not advised you or colleagues of the risks that they will present, it could be that you could pursue a claim.

      Reply
  • ricky

    Can i get benefits if i am getting paid ssp whilst out of work due to injury at work?

    Reply
    • Ian Morris

      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.

      Reply
  • Monica

    I had an injury at work.
    I tripped over a magnet door stop that is wedged onto the floor near the staff toilet as I came out and I fell over, sustaining a fractured leg, I’m an Agency Worker paid through an Umbrella Company and they have only paid Sick Pay for 18.5 days and the accident happened 11/11/18, which is 47 days to date, they are claiming I was part time which I’m not. I’m really stressed out financially and this is negatively impacting on my recovery journey and I also have a daughter in Uni who is fully dependent on me., as a single parent.

    Reply
    • Ian Morris

      It may well be possible to claim compensation in this matter on the basis that the magnetic door wedge was a tripping hazard left in a dangerous position.

      Given the severity of your injury and the loss of income you are facing, you should start a claim with us. Please call us on 01225430285.

      Reply
  • Jessie

    I had an accident on my way to work, fell over and injured my knee. I have had to take a lot of time off. Which my employer wants to put me on an absence management plan.

    Can my employer include the days that were related to my accident on the way to work. I hadn’t arrived at work.

    Thank you, Jessie

    Reply
    • Ian Morris

      If you are on your way to work, you are not legally at work. As such, your employer wouldn’t have to count the journey to work as being at work under UK law.

      You may be able to make a claim for compensation for the injuries you sustained when you fell on the way to work and we would be happy to discuss this accident with you to help you ascertain whether you can pursue a claim for compensation. To this end, why not use our ‘start a claim’ page to make some further contact with us so that we can help you find out more about your rights?

      Reply
  • Jason

    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.

    Reply
    • Ian Morris

      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.

      Reply
  • Mandy

    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?

    Reply
    • Ian Morris

      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.

      Reply
  • Michael

    I recently had an accident in work where something sprung up and hit me in the eye causing me to be off for a week it was a freak accident no ones fault in particular but I lost a weeks pay because of it. Is it possible to claim my weeks wage back?

    Reply
    • Ian Morris

      You can recover your lost wages if you make and succeed with a claim for personal injury compensation against your employer. You mention that the incident was nobody’s fault. However, I would ask what work you do and whether you should have had eye protection? It could well be that you feel that no individual has done anything wrong, but perhaps the employer hasn’t fulfilled their statutory duties in minimising the risk of injury through insufficient training or a lack of adequate personal protective equipment.

      Reply
  • Roland Hardy

    Hello, can a company pay full salary to a member of office staff who is off sick due to an operation for example say 3 months and deny this to someone on the shop floor who has also had an operation and needs 3 months off, is this discrimination or are the company entitled to pay what they want to whoever they want to.

    Reply
    • Ian Morris

      The answer to what payments any employee is entitled to receive will depend on the individual contract that they have for their employment. In the scenario you describe, the office employee could be on a different contract to that of the shop floor worker and if so, it is not helpful to compare what payments each person would receive if off sick.

      If you believe that an employer is being discriminatory, you should take out a grievance and raise the issue so that the employer is forced to explain things.

      Reply
  • Dawn

    I was involved in an accident at work. 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.

    Reply
    • Ian Morris

      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.

      Reply
  • Colin Bayley

    Had an accident at work may 2016 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?

    Reply
    • Ian Morris

      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.

      Reply
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