Do I Get Paid If I Get Injured at Work?

A common question asked by workers who’ve been hurt in a workplace accident is, “Do I get paid if I get injured at work?”. Therefore, we’ve written this guide to help you understand your rights following an accident at work. You’ll read when you might be entitled to be paid by your employer or whether you could claim Statutory Sick Pay (SSP). You’ll also find out when some workplace accidents could enable you to claim compensation from your employer for any suffering they have caused.

There’s plenty of information throughout this guide about being paid following a workplace injury and we can help if you have questions about making a potential compensation claim. If you call our legal advisors, your claim will be reviewed for free by a specialist and your legal options will be explained. What’s more, if your claim is feasible, you could benefit from No Win, No Fee legal representation from one of our specialist solicitors.

To find out more, you can:

• Call our legal advisors on 0333 241 2519.
• Connect to our live chat service right away.

If you have any questions, please get in touch or read on for more about how to get paid following an accident at work.

Understanding Your Rights

In the UK, if you are unable to work through illness or injury, at the very least you could be entitled to claim Statutory Sick Pay (SSP) providing you meet the following criteria:

• You are classed as an employee and have begun working for your employer.
• Your earnings are at least £123 per week.
• You have been unable to work through illness or injury for at least 3 days (including days you were not scheduled to work i.e. at the weekend).
• Your employer has been made aware of the fact you can’t work within their deadline (or 7 days).

Crucially, SSP is available to casual workers, agency staff and zero-hours workers as well as permanent employees.

Will I Receive My Full Salary If I’m Off Work Due to an Injury

Your employer does not need to pay your full salary if you need to take time off because you are injured. In many cases, workers will only be entitled to claim SSP while they’re off work even if their injuries were sustained by an accident at work.

However, some employers do provide enhanced sick pay schemes.

For instance, your employer might offer to pay your full normal salary for the first 3 months of any illness or injury that prevents you from working, followed by 3 months of half-pay. After this, you might only receive SSP.

This is just an example so you should check your employment contract to see if you will receive full pay while you’re off work injured.

How Do I Claim Statutory Sick Pay (SSP) for a Work Injury?

The first thing you should do if you’re unable to work because of a workplace injury is to tell your employer within the allowable time limit. This deadline could be defined by your employer i.e. next working day otherwise, it’s 7 days.

Some employers will want confirmation that you’re unable to work in writing (i.e. by email), others by phone and some might ask you to complete Form SC2 to ask them to pay you SSP. Again, you should check which procedure your employee prefers to try and ensure that you are paid while off work.

Once you have informed your employer, they should tell you whether they agree to pay you SSP or not.

Can I Claim Compensation for an Injury Sustained at Work?

Aside from sick pay, you could also be entitled to claim compensation for some workplace injuries. This might be the case if you can show:

• Your employer owed you a duty of care; and
• Because your employer was negligent, you were involved in an accident at work; and
• As a result, you sustained an injury or were made ill.

The standard duty of care provided by the Health and Safety at Work etc. Act 1974 is normally enough to provide grounds for a personal injury claim against your employer. It means that employers must try to protect your well-being (while you’re at work) by making reasonable and practical adjustments.

As such, you could have grounds to claim for workplace injuries caused by:

• Inadequate risk assessments.
• A lack of proper safety training.
• Poorly maintained tools, machinery and equipment.
• Inadequate, missing or poorly fitting Personal Protective Equipment (PPE).

If you would like us to check if you can claim workplace accident compensation, why not call the number above now?

What Should I Do After Getting Injured at Work?

If you do get injured at work following an accident, you may need to:

• Get medical treatment at a hospital rather than relying on first aid.
• Tell your employer about the accident as soon as possible.
• Ask for a copy of an accident report form (as these are required in companies that employ 10 or more staff).

If you don’t take these steps, your employer will have little chance of knowing what happened and they won’t be able to recover from your injuries. Additionally, you may be in breach of the terms of your employment contract if you fail to report an accident at work.

Do I Need to Provide a Medical Certificate for My Work Injury?

SSP payments might be possible if you have been unable to work for 3 consecutive days due to a workplace injury. However, if you’re still unable to work after 7 consecutive days (including weekends and non-working days), you will need to send your employer a fit note.

This is a form that can be obtained from your GP surgery or at a hospital. It will confirm your condition and set out whether you’re fit to work or not and when you might be able to return.

Fit notes are sometimes referred to as sick notes.

Can I Be Fired for Being Off Work Due to an Injury?

Normally, you cannot be fired simply because you have been injured at work. If that were to happen, you could be entitled to claim for unfair dismissal.

There are some exceptions, however. You could be fired following a workplace injury if:

• You caused the accident through gross negligence (ignoring safety procedures, reckless behaviour etc).
• Your employer has made reasonable adjustments to try and help you return to work following a long-term absence caused by injuries sustained in an accident at work.

If your employer does not use a fair disciplinary procedure, fires you because of your injuries or discriminates against you because your injury has caused a disability, you may wish to contact a solicitor specialising in employment law.

How Long Can I Receive Sick Pay After a Work Injury?

The maximum period that SSP payments can be made is 28 weeks. These payments will be made using the method you would usually be paid your wages by your employer.

If you are no longer eligible for SSP, other benefits could cover your income temporarily such as Universal Credit.

Can I Claim Benefits if My Work Injury Leads to Long-Term Disability?

The Industrial Injuries Disablement Benefit (IIDB) could be awarded if you are disabled whilst working or on an approved training course.

To be entitled to IIDB payments, you will need to be assessed by a medical advisor who will score your disability on a scale of 1 to 100. The IIDB payment may not cover all of your normal salary i.e. what you were paid before you were disabled.

However, if you are entitled to claim compensation from your employer for your disability i.e. if it was sustained in an accident at work caused by employer negligence, your settlement could cover loss of earnings, care costs, mobility requirements and any other relevant expenses.

Do I Need a Lawyer to Claim for a Work Injury?

If you decide to claim for an accident at work, your employer is likely to ask their insurers to deal with you on their behalf. Generally, the insurer may try to limit how much compensation they will pay you (if any at all). As such, you might want to instruct a solicitor with experience in accident-at-work claims.

If your claim is accepted by one of our solicitors, some of the services they could provide during your case include:

• Collating evidence to build as strong a case as possible.
• Managing the claim from start to finish so you don’t need to speak to your employer or their insurers about it.
• Fighting your corner during negotiations.
• Trying to secure the highest possible level of compensation.
• Sending you regular updates about the progress of your case.

Crucially, our solicitors offer a No Win, No Fee service for any accident-at-work claims taken on. As a result, you’ll only have to pay for their work if you receive a compensation payout and, for your protection, this is legally capped at 25 per cent if you sign a Conditional Fee Agreement (CFA) with your solicitor.

What Evidence Should I Collect if I’m Injured at Work?

You can improve your chances of being compensated for an accident at work by collecting evidence that proves:

1. That the accident occurred.
2. That your employer was responsible
3. How you’ve suffered as a result.

Examples of the types of evidence that you could use include:

• Contact information for potential witnesses in case statements are required.
• Photographic evidence of the cause of your accident i.e. defects or damage at the accident scene.
• Medical records that prove the extent of your injuries.
• Video footage of the accident from body cameras, CCTV systems or a dashcam.
• Evidence of any costs incurred because of your injuries.
• Accident report forms and investigation reports to show how and where the accident occurred.

Don’t worry if you don’t have everything we have listed here. If your accident claim is taken on, your solicitor may try to secure further information to prove your case as part of their service.

Can I Get Paid for Medical Expenses Related to a Personal Injury at Work?

The purpose of any compensation you receive for personal injury at work is to restore you to the position you were in before the accident.

If that’s not possible, your settlement could be used to help you deal with any ongoing requirements you’ll have in the future because of your injuries.

For instance, you might be entitled to claim the cost of prescription fees for any medication you’ll need to ease your symptoms. Compensation could also cover the cost of private medical treatment or surgery if this will reduce your recovery time when compared with NHS treatment.

Additionally, if you need support at home in the short or long term, you could claim for the cost of care. While this could cover full-time nursing care if needed, a value could also be calculated for the time loved ones, friends and relatives spend supporting you.

Contacting Us if You’ve Been Injured at Work

If you’d like us to check if you could claim compensation for any work-related injuries, you can:

• Call 0333 241 2519 and ask an advisor to review your case.
• Connect to our free online chat system (available 24 hours a day).

There’s no obligation to start a claim when you contact us so you have nothing to lose by getting in touch. Your case will be reviewed by a specialist and, if feasible, could be passed on to one of our No Win, No Fee accident at work solicitors.