Are You Entitled To Full Pay If Injured At Work?

By Danielle Fletcher. Last Updated 13th September 2023. 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

Select a Section

Do I Get Full Pay If Injured At Work In The UK?
If I’m Injured At Work, Do I Need Evidence To Claim?
Injury At Work Pay UK – How Much Compensation Could I Receive?
Who Is Not Entitled To Statutory Sick Pay If Injured At Work?
How Long After Being Injured At Work Are You Entitled To Claim?
Claim For Being Injured At Work On A No Win No Fee Basis
Contact Our Team

Do I Get Full Pay If Injured At Work In The UK?

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 would depend on your employment contract as to whether you’re entitled to full or partial sick pay while off 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 £99.35 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 expert solicitor from our panel.

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

If you’ve been injured at work and want to make a claim, then it’s important to gather evidence. Evidence can help you strengthen your claim by proving who is liable for your injuries, how severe they are, and how they’ve affected your life.

Some examples of evidence could include:

Payslips: Your finances can be affected if you are injured at work; pay could be lost if you need to take time off to recover, so keeping payslips that illustrate how your accident at work and pay loss are connected could be beneficial.
Photographs: Photographs of your injuries and of the accident site can help you prove the severity of your injuries.
Medical records: Your medical records may detail your injuries and the treatment you need for them, and as such, can be used as evidence.
Witness contact details: Taking the contact details of witnesses means that their statements can be taken at a later date.

These are only a few examples of how you can use evidence to support your personal injury claim. Contact our team today to find out more about claiming for an accident at work and the evidence you could provide to support your case.

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, legal professionals may refer to the Judicial College Guidelines (JCG). This document lists guideline compensation brackets for different types of injuries.

In our table below, we list a few figures found in the 16th edition of the JCG. 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.

Insert table.

Injury	Severity	Amount	Notes
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.
Foot injury	Modest	Up to £13,740	Simple fractures, ruptured ligaments or puncture injuries.

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. In some cases, you might be entitled to full pay after being injured at work and needing time off, if this is stipulated in your contract. In others, you may only be entitled to statutory sick pay. 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/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

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 following an injury at work and pay for needing to take time off work.

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.

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 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 any upfront or ongoing fees for their work. Additionally, you won’t have to pay them for their services if your claim is unsuccessful.

In the event that your claim is successful, your solicitor will deduct a small percentage from your compensation award. This is known as a success fee and the amount they can take as one is capped by the law.

If you have suffered an injury at work, and are unsure whether you could make a claim, 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 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

Do You Receive Full Pay If You Are Injured At Work?