Are You Entitled To Full Pay If Injured At Work And When Could You Claim?
By Danielle Fletcher. Last Updated 26th September 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
Select a Section
- Are You Entitled To Full Pay If Injured At Work?
- Can I Claim Compensation If I Get Hurt At Work?
- If I’m Injured At Work, Do I Need Evidence To Claim?
- How Much Compensation Could I Claim If I’m Injured At Work In The UK?
- 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
- 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 £116.75 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.
Can I Claim Compensation If I Get Hurt At Work?
Having examined the question “If I get injured at work, do I get paid?” in this section, we’re going to explain the eligibility criteria in an accident at work claim and provide some example scenarios to show how a duty of care may be breached in the workplace.
Employers are required under the Health and Safety at Work etc. Act 1974 to take reasonable steps to ensure the safety of their employees. Depending on the nature of the work being carried out, other legislation, such as the Work at Height Regulations, may apply.
In order to begin an accident at work claim, you will need to demonstrate:
- Your employer owed you a duty of care.
- They breached this duty by failing to take reasonable steps to keep you safe.
- This breach resulted in an accident in which you were injured.
Examples Of Injuries You Could Claim Compensation For
Scenarios where you could be able to make an accident at work claim can include:
- Inadequate manual handling training resulted in you attempting to lift a box that was above the recommended weight limit. You sustained a serious shoulder injury as a result of this.
- A water leak had caused a slip hazard on the warehouse floor. No warning sign had been posted, nor had any steps been taken to repair the damaged pipe or clean up the spill. You slipped and fell on the water, spraining your ankle.
- Risk assessments for working at height were not carried out properly. You fell from a scaffold that did not have appropriate barriers in place and suffered a major head injury.
For more advice on when you could be able to claim compensation or to enquire further regarding the question, “Do I get full pay if injured at work in the UK?” contact our advisory team today.
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.
How Much Compensation Could I Claim If I’m Injured At Work In The UK?
As we’ve already mentioned, you might not get paid in full if you are injured at work, depending on the policies of your workplace. You might be eligible for SSP, but this is often much less than your full wage.
One way to help bridge the gap is to claim compensation. This is because your payout can cover both the physical and mental suffering caused by your injuries, but it can also cover lost earnings.
In the table below, you can see some guideline figures taken from the Judicial College Guidelines (JCG). These are often used to help professionals calculate general damages, which is the head of compensation that covers your injuries.
Please note that these are not guaranteed or fixed amounts, and that the first entry hasn’t been taken from the JCG.
Guideline Compensation Amounts
| Injury | Severity | Guideline Amount |
|---|---|---|
| Multiple severe injuries and expenses | Very Severe | Up to £1,000,000+ |
| Brain damage | Very Severe | £344,150 to £493,000 |
| Back injury | Severe (i) | £111,150 to £196,450 |
| Neck injury | Severe (i) | In the region of £181,020 |
| Neck injury | Moderate (i) | £30,500 to £46,970 |
| Facial Disfigurement | Very Severe Scarring | £36,340 to £118,790 |
| Facial Disfigurement | Significant scarring | £11,120 to £36,720 |
| Knee injury | Severe (i) | £85,100 to £117,410 |
| Knee Injury | Moderate (i) | £18,110 to £31,960 |
| Foot injury | Serious | £30,500 to £47,840 |
Special Damages
Special damages help you recoup the financial losses caused by your injuries. So, if you don’t get full pay while you recover from your injuries, you could potentially claim back your lost earnings under this head of claim.
Special damages can also help you recover the cost of:
- Prescriptions.
- Childcare.
- Professional nursing care.
- Travel to and from medical appointments.
- Home adjustments and mobility aids.
When making a claim for special damages, you should provide proof of your financial losses with documents such as payslips and bank statements.
These are just a few examples of the costs that could be covered under special damages. For more information on the question, “Do I get full pay if injured at work in the UK?” keep reading, or get in touch to start your claim.
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 weeks (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.
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.
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
Resources Regarding Are You Entitled To Full Pay If Injured At Work
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?
Thank you for reading our guide, “Are you entitled to full pay if injured at work?”.
