Will I still get paid after an injury at work?

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

In most cases, the answer here is yes. The details, however, will depend on the situation.
Workplace injuries can be as stressful as they are painful. If you’ve been unfortunate enough to suffer a serious injury at work, it’s easy to start worrying about your recovery time, your career prospects, and your pay.

Table of contents

Can I claim for more than Statutory Sick Pay?

Yes. Statutory Sick Pay is the most common form of payment following a workplace accident – and there’s a high chance you’ll qualify to receive it. Some employers may even have a scheme in place that offers a more generous form of sick pay. If your employer has no such policy, it’s important to remember that you have the right to more than Statutory Sick Pay.

Knowing your rights is key – and the good news is that the law is straightforward. If you’ve been badly injured in a workplace accident that wasn’t your fault, you should be treated fairly and allowed to claim for compensation to cover your costs and losses. Depending on your specific situation, you can claim for loss of earnings, treatment for your injuries and any other associated costs. We’ll be able to advise you on exactly what compensation you should be due.

This applies regardless of your employment status at the time of the accident, whether it be full-time, part-time, self-employed or on a zero-hours contract. If the injury occurred in the workplace – or while you were working for an employer in an off-site location – it’s likely you’ll have the right to claim.

What kind of accidents does this apply to?

In brief, any injury which has been caused by someone else’s negligence. This can also apply to psychological injuries.

Examples of injuries caused by someone else’s mistake or negligence:

The examples listed here are seven of many. Potentially dangerous situations can arise in almost any line of work – although be aware that if the fault for the accident lies with you, it would not be possible to pursue a claim for additional compensation.
If you have any doubt as to whether you’re in a position to make a claim, feel free to get in touch. We’ll always give you fair and honest advice.

What steps do I need to take if I’ve been injured?

Clearly, your first priority should always be your wellbeing. If the injury is a severe one, you should immediately seek medical help or call an ambulance.

At your earliest opportunity, however, you should ensure that a written record has been made of the accident. In most cases this will be in your employer’s Accident Book (companies of more than 10 employees are legally obliged to have one), but if this is impossible, you should put it in writing by other means. Never sign an inaccurate Accident Report, or one you haven’t read.

The report should include as much detail as possible, including when, where and how the accident occurred. If it’s possible to take photos of the relevant location, or even the aftermath of the accident, always do so; photographic evidence can be extremely valuable in supporting your case. It’s also very useful to obtain contact details for any witnesses to the accident. Colleagues might be able to gather the relevant information for a report if your injury prevents you from doing so.

If needed, you can also escalate your report to the Health & Safety Executive (HSE). The HSE’s Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (known as RIDDOR) mean your employer is legally bound to report certain workplace accidents to the HSE.

And if, for whatever reason, you’ve been unable to create any sort of written or photographic record, don’t panic. We deal with all manner of different personal injury claims, and we’ll always be happy to advise on your own particular case.

Should I also provide medical evidence?

Absolutely. This is a key part of any claim. Always seek medical advice following an accident, as a professional opinion or record of treatment will greatly help to back up your case. Don’t forget that GPs are often available for phone or online appointments if it proves too difficult to get to a surgery or hospital.
Don’t despair, however, if you’ve been unable to source a professional medical opinion. We can talk you through any questions you might have. You may still be in a position to make a claim.

Should I be worried that a claim could damage relations with my employer?

Experience has shown us that most employers will view a valid claim in a reasonable way, so don’t let fear dissuade you. Remember too that any compensation payment is likely to come from an insurance policy rather than the company accounts. However, it’s true that in a minority of cases, there are instances where employers take a claim personally and make life difficult for their employee – should this happen to you, and you feel you have no option but to leave, you may well have a case for constructive dismissal. For more information, see our feature Can I be sacked after an accident at work?

Let us help

Been injured in a workplace accident? You’re in safe hands with Direct2Compensation. Our claims process is transparent and effective, and you’ll have the peace of mind that comes with our no-win, no-fee approach.

To find out more, or to start your claim today, call us on 01225 430285. If you prefer, we can we can call you back. After just a few minutes on the phone, we’ll have enough information to allow our solicitors to get your claim started.

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Questions & Answers

  • Spencer bennett

    I work as a driver for Tesco, I hurt my back at work, been off work for a week. I will be off for about 3 weeks. I’ve been to the hospital. Will I get paid, I’m full time?

    Reply
    • Ian Morris

      Whether or not you will receive your usual pay will depend on the contract that the employer has with their staff. UK law does not require an employer to pay staff their usual salary if they are off work through injury or illness – even if the injury was caused in an incident at work.

      You may have the right to make a claim for personal injury compensation depending on the nature of your back injury and how it was sustained. We would like to speak with you about the injury and cause so that we can ascertain whether or not we can pursue a claim for you. If you can claim compensation, you could recover compensation for the injury and pain and also recover any lost income.

      Reply
  • Mark

    I was carrying some goods down an outside fire escape to a basement ( small steps in width)!
    I slipped off the last step and suffered a sacro lillac sprain, been off work for 3 weeks due to doctors signing me off! Work said they won’t pay me only SSP!!
    Where do I stand please??

    Reply
    • Ian Morris

      The only way you can recover your lost income (the difference between the SSP payments you have received and the usual salary you would have received), is by making a claim for personal injury compensation against the employer or building owner and succeeding with such action. Employers are not required to pay staff members their usual salary if the staff member is off work through injury or illness – even if that injury or illness was caused as a result of an accident at work, such as in your case.

      We would be more than happy to investigate your case to see whether or not our specialist Solicitors can pursue a claim for you and recover compensation for the pain and distress caused to you by the injury you sustained and also recover any lost income or other incurred costs caused by the accident.

      Reply
  • Mary

    Is your employer liable to pay you a salary if you were only hospitalised for two weeks and then had two weeks at home after being released from hospital on doctors orders?

    Reply
    • Ian Morris

      Employers in the UK are not obliged to pay full salaries to people off work if they are sick or injured, even if they are off work due to injuries suffered at work. Whether or not you would receive sick pay will depend on your contract of employment and what rights you have with your employer. UK law only guarantees qualifying employees Statutory Sick Pay (SSP).

      Reply
  • Elaine

    I had an accident at work and have torn a tendon which needs an operation I’ll be of work for a while, will I still be paid a wage?

    Reply
    • Ian Morris

      If your accident at work happened in the UK, your employer will not be obliged to pay your usual income whilst you are off work for treatment of recovery. The only obligation on your employer will be to provide Statutory sick pay (SSP) whilst you are off. If this is the case, you’ll be out of pocket with lost income.

      However, if you pursue and win a claim our solicitors would recover compensation for lost income as well as your injury and the pain/discomfort caused by it.

      We need to know more about the injury, how it happened, what your work is etc in order to help you to identify whether or not you can pursue a claim.

      Reply
  • Josie

    I work as a cleaner and I was carrying a bucket of boiling water when the handle gave way and the water went over my foot. I was off work for 5 weeks and only got sick pay, then when I returned to work and talked to my boss and told him I was very disappointed that I only got sick pay he then said that he had told the accountant to pay me full pay. Have I got a claim?

    Reply
    • Ian Morris

      My initial view is that you do have a valid claim against the employers insurance cover in this matter. Carrying water of sufficient temperature to cause burn injuries by way of scalding in a bucket is perhaps not the safest way of asking staff members to carry such items. As such, employer negligence may well attach and you could well succeed with a claim for compensation.

      Reply
  • Andrew Senior

    Hi I recently had an accident at work where I was opening a curtain on a trailer when the strap snapped causing me to fall to the floor. I would like to know if the company are liable to pay me while I’m off work?

    Reply
    • Ian Morris

      Andrew

      Thank you for contacting us. I am sorry to hear about your accident at work and the injury you sustained. I hope you make a full and speedy recovery.

      Unfortunately, in the UK there is no legal requirement for an employer to pay an employees usual salary if they are away from work due to ill health or injury – even if they were injured at work. Whether or not your usual salary is paid will depend on the employer and your contract with them. Most commonly in the UK, employers opt to pay staff Statutory Sick Pay (SSP) rather than their usual salary. This is currently just under £90 per week and clearly insufficient income for a working person.

      If your employer will only provide SSP whilst you are away from work, the only way you can claim your lost income is by succeeding with a claim for compensation against the employer – both for the injuries you sustained and also for your special damages (loss of income and costs incurred). Given the nature of your accident, I would suggest that you have a viable claim against the employer for compensation here. Whilst the strap snapping may have been an unfortunate accident, it could be that the employer has not carried out adequate maintenance and inspection of the wagons/curtains etc and as such, they may be liable should you pursue a claim.

      I would be happy to discuss this with you further and get one of our specialist accident at work Solicitors to review your prospects for you.

      Reply
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