Are You Entitled To Full Pay If Injured At Work And When Could You Claim?

By Danielle Fletcher. Last Updated 7th March 2024. This guide will look at are you entitled to full pay if injured at work. An accident at work can be traumatic enough without worrying about money. After you’ve been injured in the workplace, you might be asking yourself who will pay my bills if I can’t work? What will happen to my home if I cannot keep up with rent or mortgage payments? What about my children? Are you entitled to full pay if injured at work? What benefits are available? These fears and concerns are hardly likely to help you recover well. They could place a tremendous strain on an already unwanted situation

This article will explain what employee rights you have in the workplace after an accident that was not your fault. We also discuss your options for seeking compensation. If you already feel that you have evidence of a no-fault injury at work and need instant help, you can get in touch with our knowledgeable team for a no-obligation chat about your situation by:

  • Calling us on 020 3870 4868
  • Emailing or writing to us at UK Law
  • Using the ‘live support’ option, the bottom right for instant help

A man hurt lying on the ground after being hurt at work

Select a Section

  1. Are You Entitled To Full Pay If Injured At Work?
  2. Can I Claim Compensation If I Get Hurt At Work?
  3. If I’m Injured At Work, Do I Need Evidence To Claim?
  4. Injury At Work Pay UK – How Much Compensation Could I Receive?
  5. Who Is Not Entitled To Statutory Sick Pay If Injured At Work?
  6. How Long After Being Injured At Work Are You Entitled To Claim?
  7. Claim For Being Injured At Work On A No Win No Fee Basis
  8. Resources Regarding Are You Entitled To Full Pay If Injured At Work

Are You Entitled To Full Pay If Injured At Work?

You may wonder, ‘Do I get full pay if I get injured at work in the UK?’ Whilst there are some rights regarding injured at work pay, your employer isn’t obliged to pay you your full wage if you are off because of an injury. It is advisable to check your employment contract to find out if you are entitled to full pay if injured at work.

Whilst some companies offer sick pay schemes, others do not. We would recommend checking your contract or speaking to your employer.

However, you may be eligible to claim Statutory Sick Pay (SSP). In order to qualify for SSP, you will need to meet certain criteria, such as:

  • Be classed as an employee
  • Have had more than four consecutive days off work
  • Earn an income that is more than £123 per week

If you do meet the eligibility requirements, you can get £109.40 per week and this is paid for up to 28 weeks.

For any additional questions about accident at work pay, get in touch with our advisors for free legal advice. You can also check your eligibility to work with an one of the expert personal injury solicitors from our panel.

Graphics Illustration Of Different Workplace Accidents.

Can I Claim Compensation If I Get Hurt At Work?

You might be eligible to claim compensation if you get hurt at work. While you are in the workplace, your employer must take reasonably practicable steps to ensure your health, safety and welfare. This is their duty of care. It is set out in the Health and Safety at Work etc. Act 1974 (HASAWA). If your employer fails to adhere to relevant health and safety laws and you suffer an injury as a result of this, you could be eligible to claim for your workplace accident.

Examples of injuries you could claim for include:

  • A shoulder injury due to inadequate manual handling training.
  • Sprained ankle from a slip, trip and fall due to a spillage on the floor that had not been signposted.
  • Finger amputations due to faulty machinery that had not been regularly maintained.
  • A serious head injury due to a fall from a height because appropriate risk assessments were not carried out.

Contact our advisors today to see whether you may have a valid workplace injury claim or if you are wondering, “If I get injured at work, do I get paid?”. Our team can help answer your questions and offer you free advice.

A man with a knee injury and wet floor sign.

If I’m Injured At Work, Do I Need Evidence To Claim?

All personal injury claims must have sufficient supporting evidence. Anything you submit needs to be able to show who was liable for the injuries sustained and the nature of these injuries.

Examples of evidence that could support workplace accident claims include:

  • A copy of the work accident log book. Any workplace with 10 or more employees is legally obligated to have somewhere accidents can be reported and documented. This should be filled in with information about the accident, the time and date and your personal details.
  • Photo evidence. Any pictures of the accident scene, faulty equipment or of your injuries can be submitted.
  • Video evidence. If there are any videos of the accident or immediate aftermath, such as from CCTV or a mobile phone, these can be used as evidence.
  • A copy of your medical records. This can illustrate the nature of the injuries you suffered and what treatment you required.
  • Witness contact details. If anyone saw the accident, you can make a note of their contact information so they can provide a statement later into the claims process.

If you have any questions about what evidence could support your claim, please contact a member of our team.

Man Lying On Concrete Next To A Hard Hat With Blood From His Head.

Injury At Work Pay UK – How Much Compensation Could I Receive?

If your accident at work claim is successful, your settlement might consist of two heads of claim: general and special damages

General damages compensate for the pain and suffering caused by your injuries. This can include mental harm, physical harm, or both together. When valuing this head of your personal injury claim, those responsible for doing so may refer to the guideline compensation amounts from the Judicial College (JCG). 

Our table below looks at a few figures found in the 16th edition of the JCG. It should be noted that the top row is not from the JCG but is included to show how you could be awarded compensation for more than one injury, plus any expenses, such as lost wages. As every claim is different, we have only provided it as a guide. Also, please keep in mind that the figures only apply to claims made in England and Wales.

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Injury Severity Amount Notes
Multiple severe injuries and expenses Very Severe Up to £1,000,000+ Settlements could include a payout that compensates for more than one very serious injury and related expenses, including lost earnings.
Brain damage Very severe £282,010 to £403,990 Severe disability that means the claimant only has the ability to follow basic commands such as recovery of eye opening and return of sleep and waking patterns.
Back injury Severe (i) £91,090 to £160,980 Trauma to the spinal cord with associated life-altering conditions
Neck injury Severe (i) In the region of £148,330 Incomplete paraplegia and seriously debilitation conditions of a life-altering nature
Neck injury Moderate (i) £24,990 to £38,490 Fractures of the neck or dislocations with severe immediate symptoms.
Facial Disfigurement Very Severe Scarring £29,780 to £97,330 Cosmetically the scarring is very disfiguring and the claimant is severely psychologically impacted.
Facial Disfigurement Significant scarring £9,110 to £30,090 Cosmetic surgery has helped and psychological impacts are mitigated
Knee injury Severe (i) £69,730 to £96,210 Gross ligament damage with increased risk of osteoarthritis
Knee Injury Moderate (i) £14,840 to £26,190 Dislocation, torn cartilage or meniscus. Minor instability with wasting or weakness
Foot injury Serious £24,990 to £39,220 Risk of fusion surgery and traumatic arthritis.

Injured At Work – What Are Special Damages?

In addition to general damages, your compensation award might also include special damages. This is to compensate you for any monetary expenses incurred due to your injuries. 

Examples of expenses that could be recovered under special damages include:

  • Care costs for help at home, such as a carer or a cleaner.
  • Travel expenses. For example, taxi fares to and from your medical appointments. 
  • The costs of medications, including over the counter and prescription. 
  • Mobility aid costs, such as crutches or a wheelchair. 
  • The cost of adaptations to your home, such as a ramp installation. 

You might also be wondering, ‘If I get injured at work, do I get paid?’. This can depend on your employment contract. Your contract will state if you are entitled to full pay if injured at work. However, if you can’t work due to your injury, it is under special damages that you could recover your loss of earnings incurred due to the time taken off work. 

For more information on the compensation that could be awarded following a successful claim, please contact an advisor. 

Who Is Not Entitled To Statutory Sick Pay If Injured At Work?

Employers may not have to pay SSP if you are injured at work for the following reasons:

  • You are registered as self-employed
  • In receipt of ESA – Employment and Support Allowance within the last 12 weeks
  • You receive statutory Maternity Allowance or maternity pay. Additionally, you aren’t entitled to SSP if your baby is due in four weeks or less and you are suffering with a pregnancy-related illness.
  • You have given birth in the last fourteen-week (or in the last eighteen weeks if your baby was born four weeks prematurely)
  • You are a member of the armed forces
  • Detained by the police or are in prison
  • You work in agriculture

Injured At Work As An Agency Worker – Can I Get Sick Pay?

If you are working for an agency and are injured in an accident at work, sick pay could be paid to you if you are unable to work while recovering from your injuries. However, it depends on what is stipulated in your contract.

If you are not entitled to sick pay, you may still be eligible to receive Statutory Sick Pay. This is a set, weekly amount.

If eligible, you could receive £109.40 per week for up to 28 weeks. Get in touch today to find out more about compensation for workplace accidents.

Man In Hard Hat Being Treated On The Scene Following An Accident At Work.

How Long After Being Injured At Work Are You Entitled To Claim?

According to the Limitation Act 1980, a claimant has 3 years to begin a personal injury claim for an accident at work. This can begin either from the date of the accident. Alternatively, it can begin from the day the claimant connected the injury with the breach in duty of care.

Of course, there are exceptions to this in the case of minors who can use a litigation friend to represent them while they are still under the age of 18. Or they can wait till they turn 18 and pursue a claim themselves. In which case they will have until they are 21 to begin a personal injury claim

When someone does not have the mental capabilities to make a claim on their own behalf they can too use a litigation friend. The time limit here does not begin until they have recovered enough mental capacity to make a claim themselves.

If you have any questions about the limitation periods when making a claim for an accident at work, please speak to our advisory team.

Claim For Being Injured At Work On A No Win No Fee Basis

If you are eligible to make a personal injury claim after being injured at work in the UK, one of the solicitors on our panel could represent you in your compensation claim. Additionally, they may offer to work with you on a No Win No Fee basis under a Conditional Fee Agreement.

When making a claim under this type of arrangement, you won’t have to pay your solicitor upfront. They also won’t ask for ongoing fees for their work. Additionally, you won’t have to pay them for their services if your claim is unsuccessful.

No Win No Fee solicitor discussing Are you entitled to full pay if injured at work

If your claim is successful, your solicitor will receive a small fee from the compensation you are awarded. This is known as a success fee. The success fee is a capped percentage with a legal limit.

If you have suffered an injury at work, and are unsure whether you could claim compensation, you can contact our advisors today. They can offer you free advice and connect you with one of the solicitors on our panel if they believe you have a valid claim.

Contact Our Team

Thank you for reading this guide. We hope that it has helped in your decision to seek compensation for an accident at work. Get in touch to learn more by:

  • Calling us on 020 3870 4868
  • Emailing or writing to us at UK Law
  • Using the ‘live support’ option, bottom right for instant help

Discuss Are you entitled to full pay if injured at work with a No Win No Fee solicitor.

Resources Regarding Are You Entitled To Full Pay If Injured At Work

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