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 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
Are you entitled to full pay if injured at work guide
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, bottom right for instant help
Services And Information
- Everything You Need To Know About If You Are Entitled To Full Pay If Injured At Work
- What Could Cause You To Be Injured At Work?
- Check Your Employment Contract
- Are Employers Obligated To Give You Full Pay After An Injury At Work?
- How To Calculate Payouts If Injured At Work
- When Are You Entitled To Statutory Sick Pay?
- When Do I Need A Fit Note To Take Sick Leave?
- Could Your Employer Refuse You Sick Pay?
- Who Is Not Entitled To Statutory Sick Pay If Injured At Work?
- How Long After Being Injured At Work Are You Entitled To Claim?
- Other Steps To Take After Being Injured At Work
- Claim For Being Injured At Work On A No Win No Fee Basis
- Related Services
- FAQs About Entitlement To Pay If Injured At Work
Everything You Need To Know About If You Are Entitled To Full Pay If Injured At Work
Pay is an essential part of most people’s jobs. A sudden unwanted halt to our income is usually most unwanted. If this happens because of an avoidable accident, it can be all the more frustrating and distressing.
This guide will not only look at who could be paid full pay after suffering an injury at work but it will also concentrate on when an employee has the right to make an accident at work claim for a personal injury.
Your contract will usually stipulate what you will be paid when taking time away from work because you are sick or injured. Some employers may pay full pay while you are off sick some may only provide Statutory Sick Pay SSP. Statutory Sick Pay is available to those classed as an employee and we look at it in detail below.
If you have grounds to make an injury at work claim after suffering an accident due to the fault of your employer any loss of earnings can be included as part of the settlement if the claim is successful. We explain the personal injury claim process as we go through this guide.
Finally, we conclude this article by explaining how working with a personal injury specialist under a No Win No Fee agreement could help you maximise your case. With the expertise and insights to really maximise your potential compensation amount, this could offer you the best chance of your case succeeding.
What Could Cause You To Be Injured At Work?
The Health and Safety at Work etc Act 1974 outlines what both employers and employees should do to maintain a safe and healthy work environment. There are reasonable limits on what we can expect our employer to do to safeguard our personal safety and wellbeing at work. Here we look at ways an employer can uphold their duty of care:
- Provide a consistent level of safety awareness and practice on their premises
- To extend this to employees, contractors, visitors and members of the public
- Control risks to injury or health
- Regularly assess the risks and conduct reviews, the results of which are acted upon promptly
- To train and supervise all staff as appropriate
- Clearly display information about health and safety to enable everyone concerned to make informed choices about their wellbeing at work
- To consult employees on health and safety issues
- If employees feel that their employer is exposing them to risk and that their concerns are unheeded, the employee can complain directly to the Health and Safety Executive (HSE)
Despite these realistic safeguards, accidents in the workplace can still be very common. Any lapse in the duty of care required to create a safe environment, however minor, could have serious risk consequences and create a scenario in which someone is harmed.
The statistics below illustrate the number of non-fatal work injuries which needed reporting under RIDDOR
Reported to RIDDOR non-fatal work injures 20/21
Speak with our team if you need to consider seeking compensation from your employer for an avoidable injury.
Check Your Employment Contract
Each contract will vary from firm to firm and from employee to employee. It’s important to read your contract of employment carefully to confirm the exact agreement you have with your employer about time off sick.
Your contract will stipulate whether or not your employer is required to pay you full sick pay. There is no law that states employers need to pay their employees the same amount in earnings if they are off work with a medical condition. Even if the accident was caused by employer negligence this is still not the case.
However, if your employer is liable for your injury because they ignored health and safety laws you could make an accident at work claim. As part of the compensation, you could ask to be reimbursed for all your lost earnings.
Are Employers Obligated To Give You Full Pay After An Injury At Work?
The short answer to that is no, even if the injury was created by employer negligence. Unless stated otherwise in your employment contract employers do not have to pay full wages to a sick or injured employee.
As it currently stands, any worker who is classed as an employee can qualify for Statutory Sick Pay if they have been off work for at least 4 consecutive days, have reported the illness or injury to their employer and have a regular income of £120 per week.
SSP is set at £96.35 per week and can be paid for a maximum period of 28 weeks.
How To Calculate Payouts If Injured At Work
If your accident at work claim is successful you could be awarded up to two heads of claim. Firstly you would have general damages. If you qualify for general damages then you could go on to claim special damages.
General damages
General damages look to compensate you for the injury and the pain and suffering caused. This head of claim will also look at the loss in quality of life.
The Judicial College has provided guidelines for compensation awards in the form of amount brackets. These are taken from past cases that have been settled in court
The guide lists a ‘head to toe’ cross-section of injuries that range in severity. You will be invited to see an independent doctor as part of the claim process. Your medical assessment can be used both as proof and a way to calculate a realistic compensation figure. As such, the excerpt below has figures from this publication:
| Injury | Severity | Amount | Notes |
|---|---|---|---|
| Facial Disfigurement | Significant scarring | £8,550 to £28,240 | Cosmetic surgery has helped and psychological impacts are mitigated |
| Facial Disfigurement | Very Severe Scarring | £27,940 to £91,350 | Cosmetically the scarring is very disfiguring and the claimant is severely psychologically impacted. |
| Knee Injury | Moderate (i) | £13,920 to £24,580 | Dislocation, torn cartilage or meniscus. Minor instability with wasting or weakness |
| Knee injury | Severe (i) | £65,440 to £90,290 | Gross ligament damage with increased risk of osteoarthritis |
| Neck injury | Moderate (i) | £23,460 to £36,120 | Fractures of the neck or dislocations with severe immediate symptoms. |
| Neck injury | Severe (i) | In the region of £139,210 | Incomplete paraplegia and seriously debilitation conditions of a life-altering nature |
| Foot injury | Modest | Up to £12,900 | Simple fractures, ruptured ligaments or puncture injuries. |
| Foot injury | Serious | £23,460 to £36,790 | Risk of fusion surgery and traumatic arthritis. |
| Back injury | Severe (i) | £85,470 to £151,070 | Trauma to the spinal cord with associated life-altering conditions |
| Brain damage | Very severe | £264,650 to £379,100 | 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. |
It’s important to note that these amounts are not compensation guarantees. They are simply designed to illustrate what could be possible with the right evidence under those circumstances. Settlement amounts are never certain and it’s a good idea to discuss your case with a personal injury lawyer for an accurate idea of payouts.
Special damages
After an accident that leaves you unable to work, you may start to notice an alarming array of costs mounting up. Any of the expenses that you can prove relate directly to the consequences of your injury can be included as part of your claim. With this in mind, with the right receipts, bills or invoices to prove them, you could claim for:
- Lost income
- Missed future work opportunities
- Childcare costs
- Physiotherapy costs
- Cosmetic surgery requirements for scar damage
- Medical treatments or specialist procedures
- Care costs for domestic or personal help as you recover
- Adaptations to your home
- Pet care and gardening costs
- Lost deposits or forfeited deposits from missed plans
The consequences of an accident in the workplace can be profound and far-reaching. Your pay if injured at work could undergo a radical alteration and you may notice the consequences in many areas of your life.
When Are You Entitled To Statutory Sick Pay?
All employees, even new ones are entitled to SSP unless they fall into the specific exemptions listed below. Furthermore, you need to report the illness or injury to your employer within the agreed timescale in which to do that.
Exemptions to receiving SSP
- You have already received the full 28 weeks of SSP
- Are currently in receipt of Statutory Maternity Pay
- You would no longer be eligible for SSP if you have linked periods that last for more than 3 years.
You can contact our team for guidance if you have been told that you are exempt from sick pay at work and do not understand why.
When Do I Need A Fit Note To Take Sick Leave?
Fit (or sick) notes are required to be given to your employer if you are absent from work with sickness or illness for longer than 7 days in a row (including non-working days). This proof can be obtained from your doctor and if your employer agrees, a similar note can be obtained from a physiotherapist, occupational therapist or podiatrist as part of clarifying the basis of your injuries. If you have any confusion or uncertainty about sick notes and your employer’s legal obligations regarding pay if injured at work, speak to our team for help.
Could Your Employer Refuse You Sick Pay?
Whether or not you receive company sick pay will be stated in your contract. You could be eligible for SSP. Please see above for eligibility requirements.
To be eligible to make an accident at work claim for an injury you suffered in the workplace you must be able to demonstrate that your injury happened because of a breach in the duty of care owed to you. As part of your settlement if your claim is successful you can ask for any loss of earnings to be reimbursed.
If you are unsure whether or not you can make a valid accident at work claim please call our advisor on the number above. They will answer any questions you have in a free no-obligation chat. They will also provide you with free legal advice.
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/maternity pay or your baby is due in four weeks or less and the illness is related to your pregnancy.
- 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
How Long After Being Injured At Work Are You Entitled To Claim?
According to the Time 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.
Other Steps To Take After Being Injured At Work
To recap on the information we have covered in this article:
- If you suffer an injury in the workplace, seek immediate attention
- Record your injury in the accident book
- Obtain witness details
- You can also request CCTV footage if that is possible
- Start to collate information and paper documentation. Anything that proves how you are suffering out-of-pocket costs because of your need to deal with the accident and injuries
- Apply to see your medical records
- Reach out to a No Win No Fee personal injury lawyer
A compensation claim for damages could offer you a solution to the financial and physical damage that you suffered because of your injury.
As the victim of an accident that happened in the workplace due to the negligence of your employer or others, you might be eligible for a settlement.
Pay if injured at work can be a drastically reduced version of your normal income. Compensation could make a very positive difference to help put things right.
Claim For Being Injured At Work On A No Win No Fee Basis
When solicitors work under a No Win No Fee service they do not require any payment upfront for their services to start your claim. Furthermore, no fees are due as the case progresses.
If your claim is successful they will take a percentage of the settlement for their payment. This is known as the ‘success fee’. Capped by law, it means the bulk of the compensation goes directly to you.
If the claim for some reason failed no success fee would be needed for the solicitor’s fees.
Call our team for guidance today about how to start a claim.
Related Services
Thank you for reading this guide. We hope that it has helped in your decision to start a claim for 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
External Resources.
- Does An Employer Need to Provide PPE – The Personal Protective Equipment at Work Regulations 1992
- What is the law on Manual Handling practices – The Manual Handling Operations Regulations 1992
- Can My Employer Sack Me For Making A Claim – Employment Rights Act 1996
Internal Resources
- Will I Lose My Job For Making An Accident At Work Claim?
- What Is The Accident At Work Claim Time Limits?
- Can A New Employee Claim For An Accident At Work?
- Who is liable in a multi-vehicle accident?
- I don’t know who the occupier is; can I still make a claim?
- My employer has ceased trading, can I make a claim?
- How do I prove fault in a cycling accident?
- How to claim for accidents at work caused by fatigue
- Who pays for medical expenses after an injury at work?
FAQs About Entitlement To Pay If Injured At Work
Do I get paid if injured at work?
You may be eligible for sick pay from your employer. It’s best to refer to your contract for clarity on this point.
Am I entitled to full pay if injured at work?
Under certain circumstances that might be the case. Again, this would depend on the specifics of your terms of employment.
Can I get sacked for suing my boss?
If you can prove that your employer is trying to dismiss you because you are making an accident at work claim it could also be possible to sue them for wrongful dismissal. Speak to our advisors for guidance.
