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

By Ian Morris | Updated April 18th, 2024

76 questions have been answered on this subject - ask us your question

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

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

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

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

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

Eligibility for sick pay after an injury at work

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

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

Statutory Sick Pay is currently rated at £116.75 per week (as from the 6th April 2024) and is available for a maximum period of 28 weeks. If you earn £500 per week, going on sick pay would see a drop in your income of around £400 per week. For most people, this creates a very serious problem.

How to get more than SSP and recover lost income

If you are recovering from injury after a work accident and have lost income during your absence from the workplace, the only way you can seek to recover your lost income is by making a claim for accident at work compensation. The right to pursue a claim against an employer is available to any person who believes that their injury or health problem was caused by the negligence of their employer. Therefore, if you feel that your employer has been negligent towards your safety by failing to provide adequate training, the correct protective equipment or faulty and dangerous tools, you can seek to make a claim for workers compensation.

If successful with the claim, you would be able to recover any lost income – including the difference between any SSP payments made to you and your usual income, along with any other costs by way of the special damages element of a personal injury claim settlement.

Many injured employees do not want to have to make a claim for compensation against their employer. However, the loss of income forces people to act to pursue a claim in order that they are not left out of pocket because of injuries that were not their fault.

How can Direct2Compensation help me?

Direct2Compensation have genuine expertise in compensation claims. We can help you to understand your rights after an injury at work and tell you how to make a claim for compensation. We work with specialist accident at work solicitors who will make sure that your claim is handled properly and that you are given the opportunity to fully recover any lost income and expenses. We know that it is a struggle to recover from injuries and that losing income temporarily during this period can make life hard.

Our solicitors will work to obtain an admission of liability in your claim at the earliest opportunity, and it is at the point of an admission of liability that our solicitors can then seek to commence the recovery of lost income.

We are here to help you and our expert staff can immediately identify the right Solicitor for you. To find out more, or to start your claim today, call us on 01225 430285. If you prefer, .

76 questions have been answered on this subject - ask us your question

Comments & Questions

Read on for questions and advice about claiming...

Hello, I’m an HGV driver, head on crash with car (impact 90-100mph) and a fatal outcome for the car driver. I’m not at fault. Been off for first week (minor injuries) fully paid by company but now off again due to Fatigue and Insomnia (caused by accident) an getting only SSP. Can I claim full pay?

Your employer is not obliged to pay your full salary during any absence from work – unless you have that benefit enshrined in your contract of employment.

Have sought medical attention from your GP for the psychological trauma that you are understandably experiencing as a result of this terrible incident? If you have and if you have been given treatment or referred for specialist help, we may well be able to pursue a claim for your physical and psychological injuries on a No Win No Fee basis, which if successful would enable you to also recover any lost pay.

If you would like to discuss this matter with us, please call us on 01225430285.

Hi, I had an accident at work where I ended up breaking a bone in my foot and the hospital has gave me a sick note for 6 weeks. I was stepping down off the side of a van after loading it, and when my foot hit the floor it snapped. I was wearing all the right company provided ppe and now I am only on ssp and was wondering if I can claim for loss of earnings?

Please call us on 01225430285 or request a call via our website so that we can further discuss your enquiry with a view to helping you make a claim to recover compensation for your injury along with your lost income.

I recently was involved in a road traffic accident whilst at work. Due to my injuries and nightmares following the accident I am going to go to the doctor’s to get a sick note, but sick pay won’t be enough for me to cover bills. Is there anything that an employer can offer or anything else I can claim? Thanks.

You can pursue a claim for personal injury compensation – if the accident was not your fault. However, unless you were a pedestrian/cyclist your injuries will need to be severe for a Solicitor to be able to get involved. This is due to the recent changes made by the Insurance industry (with help from Government) that mean that any person suffering soft tissue injuries in a Road Traffic Accident cannot recover legal fees unless their injuries are valued at in excess of £5000. This would require someone to have extremely serious soft tissue injuries, requiring numerous professional health interventions over a period of 10 months or more. As such, unless you have broken bones or suffered lacerations along with any soft tissue injuries and psychological damage, we probably can’t help you.

You can however make a claim via the insurers ‘Official Injury Claim’ website. This has been set up by the insurers and does not require legal representation. Whilst that may sound great, sadly the insurers now have only to pay a paltry settlement value for injuries such as whiplash etc.

At work i accidentally stepped on a dolly and fell, the dolly was not in the assigned space.
Broke humerus bone in my left arm. Almost 6 months and i still recover from injury and cant put any weight in my arm. They do pay me in full at the moment, I don’t know after 6 months. Could i make any sort of claim?

The fact that the dolly had been left in/or was allowed to be in the wrong or non prescribed location indicates that it is viable and valid to pursue a claim for personal injury compensation against the employers insurance cover.

Whilst it is great that the employer has paid full salary to this point, it is still possible to pursue a claim for the severe personal injury – and although there is currently no loss of income to recover, that is likely to change in due course. Even if you can return to work eventually, the employer is likely to either reduce or stop sick pay soon and place you on Statutory Sick Pay (SSP). SSP is a considerably low payment and there would then be loss of income to recover. In the worst case scenario that your recovery does not progress and the injury prevents you from returning to work, there would be a considerable future loss of income settlement to be obtained.

Our Solicitors operate on a No Win No Fee basis and this will enable you to pursue a claim for compensation without worrying about the costs of the process if you do not succeed.

For further help, please call us on 012254302856 or you can use our website to request contact from us if you prefer by using this form.

Hello,
I am a delivery driver, I was assaulted by a customer which has caused injury to my knee. I may require surgery. I am waiting for a MRI Scan. I have been signed off work since the 2/11/22 an may be off longer. I am currently on SSP which is a 5th of my weekly pay. A police investigation is on-going at this point. Please advise me on how to move forward.

Thank you

There is certainly a claim to be pursued in this matter and we can help you on a No Win No Fee basis. There are two potential claim options, with the most likely being a claim via the Criminal Injuries Compensation Authority (CICA) scheme as the injuries appear to have been caused by a criminal assault. To pursue a claim via this scheme, our Solicitors just need the crime reference number (which you can obtain from the Police) and you must cooperate with the Police throughout their investigations.

The second and less likely option is a claim against the employer. It is unclear as to whether the employer could have prevented the incident. Given that the customer assaulted you, it is unlikely that the employer could have predicted the attack or done anything to prevent the customer from assaulting you.

Our specialist Solicitors will be able to identify if there has been any employer negligence, but in any event, they can make a claim for you.

My partner was reversed into by a colleague who was driving the car. He went to hospital and was told it was a potential rib injury but was not x-rayed. The person driving the car is epileptic, does not have a driving licence therefore does not have insurance to be driving the business cars. He has been off work for a week now and is likely not going to be paid his full salary. Does he have the right to claim?

If the employer has allowed the individual to drive vehicles without checking that they have the correct licence to operate the vehicles, the employer has been negligent and your partner has a right to seek compensation for their injuries and any loss of income.

I am an electrician and had an accident which required hospital treatment for a cut requiring a few stitches. I felt unwell and took the next day off. I lost that days wages. Is my employer entitled to do that?

Your employer doesn’t have to pay you in these circumstances. If your laceration injury was caused through no fault of your own, our Solicitors can pursue a claim against your employers mandatory insurance cover for compensation for the injury and recovery of any lost income.

I got my finger shut in a fire door at work and was off work for 9 weeks with an open fracture. I wasn’t going to claim if I still got paid, which I did the first month, but last month I didn’t get my full wage, some was ssp so now I’m out of pocket. I have photo evidence of my finger and all my hospital notes from fracture clinic, will i be able to make a claim?

Many people only opt to pursue a claim if they lose their salary. Sadly, employers are not obliged to provide full salary to those off work after an accident unless the contract of employment provides such a benefit. Otherwise, people will be placed on to SSP – as you have – and be left out of pocket.

In this circumstance, your only option to recover any loss of income is to pursue compensation. Given your injury, you certainly have a right to make a work injury claim and we’d be very happy to help you to do so. Either use our website to make further enquiries, or call us on 01225430285 for help. Making claim won’t affect your right to continue with your job and it will not affect any colleagues or management staff at your workplace. Indeed, none of your colleagues would know that you had pursued a claim unless you chose to inform them.

I was recently injured by a service user. The company I work for have now put in place a risk assessment to reduce further risks and injuries to myself.
I have been referred to the companies occupational health department and I have also been referred for physiotherapy.

I was put in a position where my day to day duties and responsibilities were heightened and the risks I faced were high, putting me in a position to again get injured. I was later verbally told (also confirmed by management) that they were not aware of the new risk assessment.

I have had to be signed off work again, now to be told that due to the length of service I have done, I will now be going onto SSP. The question I have is can my employer deduct my full pay if they failed to follow my risk assessment and that I am off work because I was assaulted at work?

Unfortunately, your employer can place you on to SSP if you do not qualify for full sickness pay – even if you are off work through the negligence of your employer. Sadly, the only route open to you to recover the difference between SSP and your usual salary will be by pursuing and succeeding with a claim for personal injury compensation.

Given the apparent negligence on the part of your employer, we would be very happy to assist you with regards to your claim.

Hi I recently was injured by a piece of metal that comes out from a bakery slicer. I believe this is a hazard. I’m not entitled to full sick pay as I have been in the company less than six months, but I worked for the company previously and returned after doing 11 years. I want to claim for loss of earnings. Where do I stand?

It would appear that you may have reasonable grounds to pursue a claim for personal injury compensation against your employers insurance cover. The cause of your injury (and therefore the reason for your absence from work and lost income) is likely to be seen as employer negligence, which if established will see you able to recover any lost income (including overtime payments, bonuses etc) and compensation for the pain and discomfort caused to you by the injury you have sustained.

Our specialist Solicitors can assist you in this process on a No Win No Fee basis and will consider what training you have been given, whether the employer provided the correct PPE or whether the machine in question is hazardous. Importantly, pursuing a claim for personal injury compensation does not jeopardise your job in anyway and you cannot lose your employment for making a legitimate claim.

My husband has a broken bone in his foot. The hospital have advised a recovery time of 6-8 weeks. However, he will only get paid SSP for his period of absence.

The accident happened whilst he was at work, but he was on premises not belonging to his employer. His employer is suggesting that any claim for loss of earnings needs to be brought to that third party and not them. Can you confirm if that is accurate please? Many thanks

The cause of the injury and how the accident happened will decide whether the employer or the 3rd party premises owner is the negligent party and therefore the party who will face the claim.

The key issue for your Husband is to ensure that an accurate report is made of the accident and that this is done in writing (ideally within the employers accident book). Our specialist Solicitors will be able to identify the liable party and ensure that the claim is addressed to the appropriate people.

Hi, sometime in July, I was struck by a load trolley which was operated in breach of standard operating procedures as the colleagues overloaded and could not see ahead. I bruised and sprained my ankle and was off work for a few days. Initially they tried to imply it was my fault that I moved into the path and I insisted no and the investigation just went cold. My employer only paid me ssp. I have asked for full pay because it was not my fault and was told I am only entitled to SSP.

Your employer is not obliged to pay you full salary for the period that you were absent from work – even though your reason for absence was the result of being injured at work.

You can, however, recover your lost income (in this case, the difference between your usual salary and the SSP you received) by pursuing a claim for work injury compensation. Our Solicitors can do this for you on a No Win No Fee basis.

2 weeks ago I tripped and broke my ankle at work while trying to avoid a hoover wire. I am entitled to 3 months paid sick leave. After a consultation today at the hospital I’ve been told I have to have another 4 weeks off work. Will I be entitled to full sick pay because of a broken ankle ?

Unless your contract affords you extended sick pay, the employer is not obliged to pay additional sick pay – even if your reason for absence from work is due to an injury sustained at work.

In the scenario you describe, you appear to have valid grounds to pursue a claim for personal injury compensation for the pain and discomfort of the broken ankle injury. By pursuing a claim, you would also be able to recover any lost income, missed bonuses, incurred costs and access rehabilitation therapies from your employers insurance cover.

Our specialist Solicitors can assist you on a No Win No Fee basis in ensuring that you are not out of pocket due to your injuries and that you are appropriately compensated for the pain and distress caused to you. Making a claim won’t affect your right to continue with your job and none of your colleagues would be aware that you had made a claim.

I hurt my back at work just over a month ago. 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?

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.

We can discuss the lifting that you were doing which led to your back injury 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.

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.

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.

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.

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.

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. 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 although my foot 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

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.

Hi, I 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.

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.

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?

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.

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

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.

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.