Being injured at work can turn your life upside down. Not only are you in pain, but you’re likely also worried about paying bills while you recover. If you’ve sustained an injury while at work, one of the biggest questions you may have is whether you will still receive full pay during your recovery.
In this article, we will explore the rules around pay for injured workers in the UK, including statutory sick pay (SSP), sick pay schemes, and your entitlement to compensation for the injury.
Legal Entitlement to Pay During Illness or Injury
When you are injured at work, the first thing to establish is whether you are entitled to any form of pay during your recovery. UK law protects employees who need time off work due to illness or injury, with certain minimum provisions in place. The key forms of financial support available are statutory sick pay (SSP) and potentially additional sick pay depending on your employer’s sick pay scheme.
Statutory Sick Pay (SSP)
If you are employed and have been off work for at least four consecutive days due to illness or injury, you are entitled to receive SSP. This is the minimum level of pay your employer is required by law to provide when you are off work for health reasons, including when you are recovering from a work-related injury.
Many people find that SSP isn’t enough to cover their everyday costs. You are not alone in feeling this worry, and there may be other options to help ease the pressure.
As of the 2023/2024 tax year, the rate for SSP is £109.40 per week. However, SSP is only payable for up to 28 weeks. During this period, your employer must pay you the minimum SSP if you meet the eligibility criteria. To qualify for SSP, you need to have earned at least £123 per week (before tax) on average, and you must inform your employer within a reasonable time frame that you are unable to work due to injury or illness.
According to recent reports, around 7 million people in the UK receive Statutory Sick Pay (SSP), which is roughly one in four workers, meaning they only get the minimum sick pay provided by law instead of enhanced sick pay from their employers.
If you are receiving SSP, it is important to note that it is considerably lower than the average salary in the UK, which currently stands at around £27,000 annually. Therefore, for those who are injured and unable to return to work for an extended period, SSP can be a financial challenge, especially if additional medical expenses or adjustments to daily living are necessary.
Additional Sick Pay Through Employer’s Scheme
Many employers offer enhanced sick pay schemes that go beyond the legal minimum of SSP. These schemes may provide full pay or a higher percentage of your salary for a specific period while you are off work due to illness or injury. The exact terms of this sick pay will depend on your employment contract or company policy. Some employers offer full pay for a set number of days or weeks, while others may pay a portion of your salary for a longer period.
It’s important to review your employment contract to understand whether your employer offers enhanced sick pay and, if so, for how long. Typically, sick pay schemes may cover the first few weeks of absence, after which SSP would apply if the sickness or injury continues.
Workplace Injury and Liability
If your injury was caused by a workplace accident, it’s important to understand the circumstances surrounding the incident. In some cases, if the injury was caused by the negligence of your employer or a co-worker, you might be entitled to claim compensation. This is particularly important if the injury results in long-term physical impairments or prevents you from returning to your job.
Employer Liability and Workplace Safety
Employers have a legal duty to maintain a safe working environment for their employees, ensuring adequate training, safety measures, and protective equipment. Failure to meet these obligations can lead to serious workplace injuries, for which the employer may be held liable. If an accident occurs due to a lack of proper safety measures or equipment, or if an employee is injured due to faulty machinery or hazardous working conditions, they may be entitled to compensation in addition to any pay they are entitled to under SSP or company sick pay policies.
Sadly, serious workplace accidents still happen across the UK. In recent years, even large employers such as Amazon have reported hundreds of injuries.
Between 2019 and 2024, Amazon reported 119 serious work-related injuries in the UK, including fractures, amputations, and vision loss. These incidents have raised concerns about workplace safety and employer responsibility, highlighting the potential consequences when proper health and safety regulations are not followed. When employers fail to provide a safe working environment, injured workers can seek compensation to cover lost wages, medical expenses, and other damages caused by the injury.
How to Claim Compensation for Work-Related Injuries
If you’ve been injured at work and want to pursue a compensation claim, the process can seem daunting. However, understanding the steps you need to take will help make sure that you are fully compensated for your injuries and losses.
Seek Medical Treatment
After sustaining an injury at work, the first step is to seek medical attention. Even if your injury seems minor at first, it is essential to see a doctor for a proper diagnosis. Sometimes, injuries sustained in accidents at work can have delayed symptoms or worsen over time, so early medical treatment is important.
Your medical records will act as key evidence in supporting your compensation claim, and they will be necessary when claiming loss of earnings or other financial compensation.
Report the Accident to Your Employer
It is important to report any workplace injury to your employer as soon as possible. In the UK, all accidents at work must be recorded in the workplace accident book. This is a legal requirement and helps create an official record of the incident. Your employer should also report the injury to the Health and Safety Executive (HSE) if the injury meets certain criteria.
Failing to report an accident promptly could affect your ability to make a claim, so be sure to document the injury as soon as it happens.
Gather Evidence
The next step in claiming compensation is to gather evidence. This can include photographs of the accident scene, witness statements, and any other documentation that supports your claim. It’s important to keep all records related to your injury, including medical reports, receipts for medical expenses, and communication with your employer.
Get the Legal Support You Need
If you’ve been injured at work due to an employer’s negligence, you don’t have to face this alone. You should get legal advice from an experienced personal injury solicitor who specialises in workplace accidents. A solicitor can evaluate your case, help you understand your entitlement to compensation, and guide you through the legal process. They will also ensure you gather all the necessary evidence to support your claim, giving you the best chance of receiving the compensation you deserve.
At CEL Solicitors, we’ll listen to your story, fight for your rights, and make sure you get the support and compensation you deserve. Contact CEL Solicitors today to speak with one of our experienced personal injury solicitors. We’ll provide expert legal advice, assess your claim, and guide you through the process of seeking compensation. With our “no-win, no-fee” approach, you can pursue justice without any upfront costs. Call us now at 0333 305 4982 or complete our online form to get started.
