In this guide, we will look at whether you could receive accident at work sick pay if your injuries have left you unable to work. In some cases, your workplace could offer a sick pay scheme. You may be entitled to Statutory Sick Pay (SSP).
If you were injured by the negligence of your employer, then you could be entitled to make a claim. This claim could cover a loss of earnings payment if you were off work because of your injuries without full pay.
This guide will explain the procedure involved in claiming compensation for an accident at work caused by negligence. We’ll also look at No Win No Fee agreements and how working with accident at work lawyers can benefit claimants.
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Choose A Section
- What Is Accident At Work Sick Pay?
- Scenarios For Accidents In A Workplace
- What Evidence Could Support My Personal Injury Claim?
- Compensation When Considering Accident At Work Sick Pay
- Would I Be Eligible For A No Win No Fee Agreement?
- Guidance About Accident At Work Sick Pay
If you’re unable to work after an accident, you could be entitled to SSP. This is paid by your employer, and you can receive it for up to 28 weeks.
In some cases, your workplace might have a sick pay scheme in place, but this is not required. You should check your employment contract to see if this applies to you.
If your accident at work was caused by the negligence of your employer, you may be able to claim compensation for your injuries. Your settlement could include accident at work sick pay if you were off work because of your injuries without full pay.
In order to claim, you need to show that the following criteria apply to your circumstances:
- Someone owed you a duty of care
- That duty was breached
- You suffered harm as a result of the duty being breached.
If you’d like someone to assess the validity of your case, why not get in touch with our team today? You could be connected with one of the No Win No Fee accident at work lawyers from our panel.
The Most Recent Work Accident Statistics
The Health and Safety Executive (HSE) records and publishes the health and safety at work statistics for Great Britain, including reports made under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) and the Labour Force Survey. For the year 2020/21, there were a total of 51,211 reported non-fatal injuries sustained at work, according to reports made under RIDDOR.
For non-fatal injuries to employees in 2020/21, 33% were caused by slips, trips or falls on the same level, making it the most common accident type reported under RIDDOR. This is followed by handing, lifting or carrying accidents at 18%.
For more information on what these official accident statistics can tell us, speak with an advisor from our team today.
Accidents at work can range from minor cuts and bruises to severe, life-changing injuries. Below are some examples of the types of accidents that could happen in a workplace setting.
- Slip, trips and falls on the same level – For example, a spill on the floor could be left for an unreasonable amount of time without being cleaned up or signposted. This could cause you to slip and fall, resulting in a neck injury
- Machine accidents -If machinery is not checked and maintained, this could result in accidents that cause injury. Limbs could be trapped in the exposed moving parts, injuring the upper torso.
- Falls from a height – If you work at a height, for example on scaffolding, then you might need equipment such as non-slip shoes. If you aren’t given these, or if the ones that you are given aren’t fit for use, then you may be able to claim if you’re injured as a result.
These are just a few examples of what could happen in a workplace, this could be due to human error or employer negligence. If it is found that the latter has occurred, then you could begin the claims process.
Health and Safety At Work etc. Act 1974
The Health and Safety At Work etc. Act 1974 (HASAWA) is a piece of legislation that sets out the duty of care that employers have towards the people they employ. It is one of the most important accident at work laws and states that they need to take all reasonable steps to ensure their employees’ safety. For example, they can do this by:
- Carrying out risk assessments
- Maintaining good housekeeping
- Providing appropriate PPE
If your employer’s breach of duty of care has led to an injury, you may be able to claim; speak with an advisor for more information. Accident at work sick pay could be included in your claim if you were off work without full pay.
A personal injury claim should be supported by evidence. The benefit of evidence is twofold. It can help to prove:
- That negligence led to the accident in which you were injured
- How severely your injuries have affected your quality of life
If you are injured, it is important to seek medical attention. Every workplace should have a qualified first aider; it is their role to assess the injury and offer the appropriate care. However, you should also seek medical attention from a hospital, doctors’ surgery, or a walk-in centre where appropriate.
There are other forms of evidence you could gather, including:
- Photos of the accident site
- Photos of the injury, including as it heals
- Contact details of witnesses so that a statement can be taken
- CCTV footage of the accident
- An accident at work report form from the accident book
While it is not mandatory, it can also be helpful to get legal advice while you are preparing to claim. A solicitor can confirm your rights after an accident at work and can help you in the process of collecting proof.
For further advice on the evidence needed to claim, our advisors are happy to help. They are available 24 hours a day, 7 days a week.
The Judicial College produces guidelines outlining compensation brackets for a wide range of injuries. These are based on claims that have previously been settled. Many different factors determine how much compensation you could be awarded, including the severity of the injury, how long you have suffered, and the effects the injury has had on your day-to-day life.
If your claim succeeds, any injuries you have suffered due to employer negligence will be compensated in the general damages head of your claim. You may also be assessed by an independent medical professional, who will then report their findings.
Legal professionals use these guidelines as a reference point when calculating accident at work compensation. However, it’s important to remember that these aren’t guaranteed, and the amount of compensation you might receive will vary.
|Types of Injury||How Much?||Description|
|Kidney||£169,400 to £210,400||Serious and permanent damage to both kidneys or loss of both kidneys.|
|Severe Arm Injuries||£96,160 to £130,930||Extremely serious injuries that leave the person little better off than if the arm was lost or amputated.|
|Serious Hand Injuries||£29,000 to £61,910||The hand is reduced to half of its usual function. Causing there to be a weakness in the grip, and impacting the dexterity of the hand.|
|Wrist Injuries||£47,620 to £59,860||Injuries that have resulted in the total loss of function in the wrist.|
|Severe Neck Injuries (iii)||£45,470 to £55,990||Injuries include ruptured tendons, dislocations and fractures. That lead to chronic conditions, with significant disability that is permanent.|
|Severe Leg Injuries (iii)||£39,200 to £54,830||Compound fractures or injuries to the joints and/or ligaments. Causing the inability to balance, with a prolonged treatment and a near certainty of future arthritis.|
|Chest Injuries||£31,310 to £54,830||Damage to the chest and one or both lungs, causing some continuing disability.|
|Moderate Back Injuries (ii)||£12,510 to £27,760||For example, soft tissue injuries that have resulted in the prolonged exacerbation of a back injury.|
|Digestive System||£16,790 to £27,760||One wound that does not penetrate but causes permanent complications, such as severe indigestion.|
|Serious Shoulder Injuries||£12,770 to £19,200||A dislocated shoulder, causing pain, weak grip, and restricted shoulder movement|
Special damages is another head of claim that you could potentially receive in your settlement. It covers any additional financial expenses you may have incurred due to the injury.
Types of financial losses that could be considered special damages include:
- Travel expenses
- Special equipment, e.g. mobility aids
- Loss of wages if you were left unable to work without full pay. Even if you did receive accident at work sick pay, the special damages head of your claim could make up the difference between the amount you received and how much you usually earn.
- Childcare costs
Evidence is required in order to claim special damages. For example, you could use receipts to show any expenses from things such as prescriptions or mobility aids, or payslips to demonstrate a loss of earnings. If you have any further questions, don’t hesitate to contact our advisors today
A No Win No Fee agreement is also known as a Conditional Fee Agreement and is a popular way of funding legal representation. It establishes the terms and conditions you need to fulfil before your lawyer asks you to pay them. This will be discussed before you begin your claim, so there aren’t any surprises.
Your lawyer will deduct a fee from your compensation if your accident at work claim is successful. However, there’s a legal cap to the percentage that this fee consists of, so you will always receive most of the compensation that’s awarded to you.
If your case is unsuccessful, you don’t have to pay any success fees to your lawyer. Furthermore, you don’t pay them anything upfront or as the claim progresses.
You don’t need a lawyer to begin your claim. However, it can be useful to obtain a No Win No Fee lawyer’s knowledge and advice on the claims process. They can advise you on when to accept or reject an offer of compensation and can ensure that all factors of your claim are addressed.
Our advisors can put you in contact with a personal injury lawyer from our panel, provided you have a valid claim. This service is available 24 hours a day, 7 days a week.
Here are some additional resources, with further information:
Information from the NHS on when to go to A&E
Guidance from the HSE on reportable incidents
Find out more about taking sick leave from the government website
We’ve also included links to more of our guides below:
- How Much Time Is Given For Work Accident Claims?
- Finding Accident At Work Lawyers Nearby
- Claiming After An Accident At Work That Was Not Your Fault
- Advice For Personal Injury Claims Following An Accident At Work
- A Closer Look At Accident At Work Statistics And What They Can Tell Us
For any further information about whether accident at work sick pay could be included in a personal injury claim, speak with an advisor today
Publisher Fern Styles
Writer Lizzie Wyatt