Dealing with loss of wages after an accident at work

16

For anyone suffering as a result of an accident at work, there are a whole host of issues to deal with.  Apart from suffering from the effects of the injury, pain, discomfort and emotional distress, a real problem for many personal injury compensation claimants is how to manage financially if the injuries are serious enough to prevent you from working and therefore, from getting paid the salary that you are used to. Obviously, if you can’t earn a living, you’ll be feeling stressed, anxious and worried as to how you will keep a roof over your head or buy food for the family.

Any successful claimant can claim expenses and lost income on top of getting a settlement to cover the extent of their injuries.  These elements are the basis of a personal injury compensation settlement.  However, the process of claiming can take some months and there is no quick fix to cover the loss of income.

In serious cases, if someone injured in an accident at work is likely to be off work for a considerable period of time, there is a possibility that your solicitor will be able to obtain an interim payment from the liable 3rd party insurers that could help in the short term with regards to enabling you to pay your mortgage or rent and cover basic bills.  Of course, you can also claim benefits from the state should you be medically deemed unable to work.

The part of a personal injury compensation claim that covers lost income (and other losses/costs incurred as a result of the accident) is known as the special damages claim.  A key factor that helps people pursing accident at work compensation (and other injury types too) to ensure that they can successfully recoup any losses and lost income is for the injured claimant to keep notes as to the costs that they have incurred and also to be able to demonstrate what they usually earn when they can work, and what they have been receiving either on benefits or statutory sickness pay since the accident.  If successful with the claim, your solicitor will be able to claim back the difference between what you should have had and what you have actually received.  There is also interest payable depending on how long it takes to settle the claim.

If you are worried about how you will cope with lost wages after an accident at work, or you’re helping a friend or family member in that position, the best way is to not delay making a claim.  The quicker we get started and you get a solicitor, the better.

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

Leave a question

Your question will appear once approved and we'll answer it as soon as we can. Your email address will not be published, your name will, so feel free just to use a first name.

  1. Hi I have been dealing with mental health problems and recently at work I was threatened with violence on more then one occasion I reported to my boss who ignored the situation after a few times of this happing I made a formal complaint about the boss and the person involved with making the threats due to stress I was signed of work and put on statutory sick pay can I claim back my wage due to this being out of my control

    • The scenario you describe does not fit the criteria for a personal injury compensation claim. However, you may well be able to take some action if employment law has been breached. As such, we would strongly advise that you make contact with a specialist in employment law to discuss this matter.

  2. Hi, I was off work for 8 days with a work related back injury. When I returned I was told that because I work out of hours (3pm till 10pm) that I would have to change my shift to 10 till 5 for my own safety. My contracted hours are 3 till 10pm. I am contracted to get travel allowance for each shift that I work (usual times), this has been stopped because my hours have changed and I am losing money every day I continue with the day shift. Can they do this?

    • Your employer appears to be attempting to ensure your safety by having you operate the earlier shift until you have fully recovered. Perhaps there are less staff and less first aid trained operatives on the later shift. As such, your employer may well be within their rights to do what they have done. Although you are losing income/allowances regarding this change, it may be the safest decision.

      However, all is not lost as you could seek to recover your lost income by pursuing a claim for compensation against your employers for the cause of the back injury at work that lead to you having to take 8 days off work. If you were to succeed with such a claim, you would be able to obtain a settlement that adequately compensated you for the injury to your back and recover all lost income, shift allowances and travel fees that have only been lost because of the accident in which you were injured.

      We would suggest that you get in contact with us in order that our team can discuss your working environment with you and the cause of your accident. In just a brief 5 minute telephone conversation, we would be able to identify whether or not your employer has been negligent in anyway and whether or not you can make a claim for compensation.

  3. I recently had an accident at work when a full roll cage during a delivery I was moving ran over my foot and resulted in a fractured toe. They put on the accident form that it was misuse of the manual handling procedure. Afterwards I realised that the only training I have received was during the generic legal training via a video 3 years ago and had not been signed off on my store specific training. I also feel that I was not provided with safety shoes that they state should be worn when in receipt of a delivery. They cannot provide me with cctv of the accident as I am presuming the camera wasn’t switched on at the time. Do I have a case?

    • Your employer has ticked some important boxes by way of giving you manual handling training at the outset of your employment with them. However, the provision of that training in and of itself would not absolve them of responsibility for the injuries you have sustained if it can be shown that they have been negligent towards you during your ongoing employment with tham.

      Given what you have said about your employer failing to either provide you with or require you to provide specific footwear (personal protective equipment) in the workplace and the lack of specific training relevant to your work with them, we feel that it is worthwhile us investigating this matter further for you. It could well be that our specialist accident at work Solicitors will be able to identify area of employer negligence in this case. If so, we would help you to make a No Win No Fee claim for accident at work compensation. Whilst your employer is likely to use the initial training provision as a defence in this case, simply providing a generic training video at the outset of your employment is unlikely to be sufficient defence. Much will depend on the nature of the working environment in which you are carrying out your duties and whether that environment and the demands placed on you by your Supervisors prevents you from working safely.

      If you would like us to investigate this further for you, we’ll need your contact details so that we can discuss the incident with you a little more. We’ll only need a couple of minutes on the telephone with you in the first instance for our expert staff to be able to identify how we can pursue a claim against your employers insurance. You can either call us on 01225430285 or submit your contact details to us. We’ll then call you and get this claim up and running for you.

  4. I had an accident at work in 2013, where I had two broken legs, a broken wrist and I was in hospital for three months. I’d also hurt my neck, back and have been struggling ever since. On October 2nd 2017, I had the pins removed from my left leg, but I’m still not right and have ongoing pain. I stop-start when walking and I have fallen three times since they were removed.

    I have tried to do some types of work, but I can’t bend down without pain and I fall asleep a lot. Standing and sitting are both painful for me. I settled my claim because my solicitor said there was no more that they could do for me as the payment was only about £25,000 short, so I accepted what was offered to me. I just wanted to know if there is anything else that I can do to seek further damages, because I can’t now earn a decent wage because of my disability.

    • It is almost impossible to seek further damages after a full and final settlement has been agreed and signed for by a claimant.

      In your case, the best thing to do would be to contact your former Solicitor to discuss the matter with them.

      You are of course able to seek state benefits and you should investigate your options in that area as it could be that you are deemed to be unfit for work through industrial disablement and entitled to relevant benefits.

  5. I was bulled at work by one of the managers, they have completed a 6 months investgaition and have agreed that there is a case for him to answer, this happened in july 2015 and i have been off sick sinec then with work stress, thay have paid me 80% of my pay which is classed and an Injury payment, but they have not been taken any pension from me which I contacted them and they said that I have not recived work pay so this can not be take do I have a case

    • Philip

      I am really sorry to hear that you have suffered such an appalling situation by way of being bullied and poorly treated by your employer. It would be fair to say that by also losing income as a result of enforced absence from work, just rubs salt in to the wounds.

      If you would like to call us on 01225430285 we can discuss your situation in confidence as there may well be something that our specialist solicitors can do to reclaim both your lost income but also claim compensation for the psychological injuries (emotional trauma/stress/anxiety) caused to you by the way your employer treated you.

  6. I tripped at work. Causing soft tissue damage and bruising to my hand and elbow.
    I work at Quality control Inspector in a fresh produce company. Checking pallets of fruit on intake arrival. I was checking pallets for traceability and tripped on the Pallets Buffers against a wall. Resulting me having to go to hospital and losing 3 weeks pay.
    My Company has said I’m only intitled to SSP.

    • Cheryl

      Thank you for asking us a question about your situation after you’re accident at work. As with the vast majority of people that contact us for advice or support after an accident at work, the biggest problem for you on a day-to-day basis is now coping with a loss of wages whilst you are unable to work because of your injuries.

      Sadly, your company may well have no responsibility to pay you your usual wages and they are most probably fully entitled to switch you to SSP. You should check your contract of employment to find out whether or not you are entitled to sick pay at your usual rate.

      Whilst receiving SSP is better than nothing, it is certainly nowhere near enough for people to live on and pay their usual bills. WIth this in mind, you may be able to recover your loss of income if you make a claim for personal injury compensation. In many cases, people who are injured in an accident at work are motivated to make a claim for compensation simply because they have lost income and have no other way of recovering their losses. Successful claims for compensation after an accident at work can see the claimant receive compensation for their injury (the value of which is worked out on the basis of medical evidence), rehabilitation therapy and most importantly, a special damages claim where they can reclaim any lost income (the difference between SSP and usual income) as well as any other losses and costs incurred because of the injury.

      We would be very happy to speak with you to discuss your accident in detail.

      Yours sincerely

      Ian Morris

  7. I slipped getting on to my forklift truck due to step being slippy resulting in a trip to casualty for pulled tendon muscle in my wrist I believe I wont be paid from my employer

    • Oliver

      I’m sorry to hear about your accident at work. We’ve handled claims of a similar nature on a number of occasions – people who have slipped on the footplate of trucks, wagons, vehicles, forklifts etc at work. Employers have a duty of care to ensure that so far as is possible, all risks of injury are removed from the workplace. When it comes to slipping on a footplate/step of a vehicle, the employer should ensure that the step has a non-slip surface if possible and that employees are wearing suitable footwear (i.e that employees are advised as to what footwear is acceptable and what is not). If your employer hasn’t provided a non-slip step surface and the training/advice provided to you and colleagues is insufficient in terms of safety at work, you are likely to have a strong claim for compensation. Indeed, we have succeeded with the vast majority of such claims that we have pursued for claimants.

      Claiming compensation for your injuries after an accident at work will also enable you to make a special damages claim. This enables you to reclaim any lost income on top of the compensation settlement you would receive for your injuries. Whilst this is not a quick fix to your immediate problem – coping with the loss of income whilst you cannot work, it does mean that you can have hope of recovering this income in due course.

      We would certainly be willing to assist you with a claim for compensation should you so wish. Any such claim would be made against your employers liability insurance policy, so it does not affect your employer directly and would definitely not cost anyone their job. We run ALL claims on a No Win No Fee basis, so you have nothing to lose by attempting to recover your losses. Whilst we cannot guarantee that we will win any claim, we guarantee that you will never face any costs should your claim for compensation fail.

      We will email you directly with a copy of this response so that you can contact us at a time that suits you.

      We look forward to hearing from you.

      Kindest regards

      Ian Morris

  8. whilst loading beds on to a transit van. the portable ramp slipped from the top step t the second step. which resulted in a hernia developing. i am currently out for 4 weeks whilst awaiting surgery and then off for an undisclosed length of time for recovery. due to the nature of my work, i am not able to return to work for light duties. .
    i have been told i will be paid ssp. but this doesn’t even cover the rent, let alone other bills….

    i only want my loss of wages covered, so i dont get into debt

    • Daniel

      I am sorry to hear about your situation. Sadly, having to cope with the stress a temporary loss of income is a common thread we hear from people who, like you, contact us after an accident at work.

      You could certainly make a claim for accident at work compensation – this would be against your employers insurance (employers liability insurance). Any claim (if successful) would enable you to claim a level of compensation to cover the pain and distress caused by your injury, but more importantly allow you to reclaim any lost income. You should certainly note any loss of income and keep a record as this would be used in your claim to enable you to claim special damages (lost income and costs).

      It is important to make sure that the details of your accident and the cause of your injuries (the faulty ramp) within your employers accident book. If this has not already been done, you should contact your employers at the earliest opportunity to report your accident correctly. A good way of doing so is to email them outlining the details of your situation. You can then keep a copy of your record in your ‘sent emails’ folder for future reference – this could be very helpful to any future claim for compensation.

      We would certainly be keen to assist you with a claim and can link you up with the right specialist injury compensation solicitor. May I direct you to follow this link: where you can submit a claim enquiry with more information so that we can contact you to help you get your claim up and running.

      I will also email this information to you.

      I look forward to hearing from you and helping you resolve your situation.

      Yours sincerely

      Ian Morris
      Direct2Compensation

Direct2Compensation Personal Injury Claims

Speak with a claims expert

We're happy to answer any questions you might have, or let you know if you are eligible to claim. Just fill out the form below. You can also call us on 01225 430285.