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Injured at Work – Will My Partner Get Full Pay?

By: Jeff Durham - Updated: 21 Aug 2017 | comments*Discuss
 
Work Sickness Injury Statutory Sick Pay

Q.

My partner works for a wine warehouse and as part of his job he drives the forklift. On Monday he was getting out of the forklift and slipped on the step, fell and dislocated his shoulder. He has been working there 18 years.

He will be off work for 3-6 weeks, is there any forms he needs to fill out, should he be paid and if so will he get his full money?

(Ms karen winter, 16 March 2011)

A.

Your partner will almost certainly be entitled to receive some kind of 'sick pay' providing he earns at least £112 per week. However, the amount of money he will be entitled to will all depend on the terms and conditions of his Employment Contract.

Many companies will offer their own sick pay scheme which will usually be more generous than the state scheme. For example, some companies will allow employees to still receive their usual full income for a set period of time providing their sickness doesn’t exceed a certain number of days over an annual period.

Therefore, he needs to refer to his employment contract to see what the rules are on sick pay.

It’s important to point out, however, that a company isn’t obliged to have a separate scheme when it comes to sickness or injury. So, they are not obliged to pay him full pay whilst he is off work through his injury.

If they don’t have a scheme, he is, however, entitled to Statutory Sick Pay (SSP) if he’s eligible under government law. The current rate is £87.55 per week although SSP does not begin until the 4th consecutive day you’re off work. Therefore, your partner might not be paid anything for the first 3 days he was off work.

If he only qualifies for SSP, he will be paid that by his employer in the usual manner in which he’d receive his wages and on the regular payday.

In terms of form filling, the first thing he should have done is to tell his employer on the day he became sick (in his case, injured) that he will be off work. The maximum length of time he can wait until he informs his employer is 7 days after he first came off work in order to qualify for SSP.

For the first week of sickness, he can ‘self-certify’ himself – that means he doesn’t need to produce a sick note from his doctor for the first week. He can either write a letter explaining his sickness or can complete form SC2 which is an ‘Employee’s Statement of Sickness’ which he can obtain from his GP or download from the HM Revenue & Customs website.

Beyond a week, however, a doctor’s note is normally required. The important thing here is that delay in informing an employer can mean SSP being withheld and there’s also the possibility of facing disciplinary action so it’s important he acts straight away.

One additional thing to note is that the amount of sick pay you receive is rarely affected by the fact that the injury occurred in the workplace unless the company has a separate scheme in place which covers workplace injuries. He could, however, possibly make a Personal Injury Claim against his employer but he should seek advice from either a trade union representative or his lawyer before considering taking any action of this kind.

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Zena - Your Question:
I've worked for this health and safety company for nearly 4 years now. At my interview I explained to my MD that I suffer from arthritis and am a holder of a blue badge. No problems. Until last April (just before) when it was decided to move my desk to the 2nd floor. There are no lifts or aids to help me up the stairs. I put in an objection and was told that it will be ok as they have risk assessed the stairs. I have been struggling for well over a year now until Friday when I fell badly up the stairs. I am covered in bruises, stayed in work that day, and took pain relief and fell asleep until the following day. I was still in a lot of pain, so I dialled 111 who advised me to visit a&e, which I did. I was told that I've badly pulled or ripped my groin muscles, and that I should rest, but if still in pain to visit my GP after a couple of days. Two days have passed and I am going back to the doctors in about half an hour. Work have not recorded it on the accident system, have not spoken to me about my injuries at all. I was in work for the time until my afternoon appointment. The solution that has been given by them is for me to be escorted up and downstairs. I find this upsetting and degrading, and said so, and was told tough. They want to make sure that I'm safe! I did point out if I were to fall, I would hurt my colleague also. But no, apparently the only way I'll be safe on the stairs is to be with someone. Is it right they can put a disabled person on the second floor, and when an accident occurs to not record it? I'm being made to feel the accident was my own fault, I am 48 years old, wear boots (kinda like work boots) not high heels, I wasn't carrying anything, my arthritic knee gave way as it does regularly. I don't know where I stand, as they seem to be attacking me with suitability to work.

Our Response:
You should raise a formal grievance about this, it is discrimination under the terms of the Equality Act. Have a look at our Gudie to Disability at work and the Equality Act
SafeWorkers - 23-Aug-17 @ 12:21 PM
I've worked for this health and safety company for nearly 4 years now. At my interview I explained to my MD that I suffer from arthritis and am a holder of a blue badge. No problems. Until last April (just before) when it was decided to move my desk to the 2nd floor. There are no lifts or aids to help me up the stairs. I put in an objection and was told that it will be ok as they have risk assessed the stairs. I have been struggling for well over a year now until Friday when I fell badly up the stairs. I am covered in bruises, stayed in work that day, and took pain relief and fell asleep until the following day. I was still in a lot of pain, so I dialled 111 who advised me to visit a&e, which I did. I was told that I've badly pulled or ripped my groin muscles, and that I should rest, but if still in pain to visit my GP after a couple of days. Two days have passed and I am going back to the doctors in about half an hour. Work have not recorded it on the accident system, have not spoken to me about my injuries at all. I was in work for the time until my afternoon appointment. The solution that has been given by them is for me to be escorted up and downstairs. I find this upsetting and degrading, and said so, and was told tough. They want to make sure that I'm safe! I did point out if I were to fall, I would hurt my colleague also. But no, apparently the only way I'll be safe on the stairs is to be with someone. Is it right they can put a disabled person on the second floor, and when an accident occurs to not record it? I'm being made to feel the accident was my own fault, I am 48 years old, wear boots (kinda like work boots) not high heels, I wasn't carrying anything, my arthritic knee gave way as it does regularly.I don't know where I stand, as they seem to be attacking me with suitability to work.
Zena - 21-Aug-17 @ 2:14 PM
Jj - Your Question:
My hand was crushed in a door by a manager who was holding it open for me then deliberately slammed it before I was clear I am off work and want to know do they have to pay me for the shifts I've missed

Our Response:
You should take action against this person if you consider it was done deliberately. First report it to your employer and then seek legal advice.
SafeWorkers - 22-Feb-17 @ 11:57 AM
My hand was crushed in a door by a manager who was holding it open for me then deliberately slammed it before I was clear I am off work and want to know do they have to pay me for the shifts I've missed
Jj - 19-Feb-17 @ 4:19 PM
Hello i drive for wastepro in hardeville sc,,,,this issue is that the trucks that are giving to me operate have no air conditionig and i explained to my superviser that i am type 2 diabetic and thay extreme heat raises my sugar levels drastically,,,i actually left my job this morning just because of this situation...do i have any legal status against this company
reis - 17-Aug-16 @ 4:04 PM
Please help cause I don't know what to do... I work as a cashier but at my workplace we as cashiers have to carry drinks to fill up the fridges every morning before working... On Friday 8 April 2016 while I was carrying those drinks to go & fill up the fridges.. I got injured on my left wrist.. The manager told me to go to a public hospital to get help & they only paid R20 to that hospital.. I spent like six hours on the ques of that hospital....Today is 10 April 2016 &my wrist is still painful
Chocly - 10-Apr-16 @ 11:37 AM
I was offsick for one year due work bullying with evidences. Now the policy says they pay you for six months full pay and six months half pay, my point now because it's not my fault I am entitled to full pay. Again I have said I am returning to work but I have to do a training which is not starting because there is a problem with the systems and I am now saying they need to pay me.
Komba - 11-Mar-16 @ 3:27 PM
hello i am a delivery driver i had a accident while i was at work i was delivering a pallet of tiles weight a tonne i got to the delivery adress customer waiting for me like to point out this lorry was not my lorry spare as you do carry out the checks on it that morning it was the tail lift safety guards jammed in.I pumped the tiles up bring them down to the tail lift by pump truck i felt the full force which fell to the ground it took me with it i went to ground i broke my left leg knee down spent 12 days in hospital lots of medication having physio been signed off work by my GP also now got depression been payed 4 months paye now stopped seeking advice from citzen advice i have to go on benefits but my employer wants me back on light duties i have a lawyer on the case it was the employers fault breached health and safety
cowboy - 15-Feb-16 @ 2:01 PM
i had a accident while i was at work i was delivering a pallet of tiles weight 1 tonne i wasnt in my usual lorry so i was not aware a safety feature on the tail lift failed.i phone the costomer to tell him i am on my way got here got the tail lift ready got into the back of the lorry pumped up the tiles got to the tail lift the whole lot fell of the lorry and the force of it took me with with it and i fell to the ground i broke my left leg below the knee had to go to hospital spent 12 days there no one from the company came to see me and take a statement about the accident i finaaly made it home to recover in a brace my company paid me basic wage now it has stopped i have to go on benefits but i do have a good lawyer who is fighting my case but my boss wants me back on light duties but i am still signed of by my GP all my physio have finnished one more appoitment to see my surgeon all because health safety at work was breached my company put me in this terrible situation.
cowboy - 15-Feb-16 @ 1:48 PM
im on a zero hours contract i had a accident at work taken to a&e they told me i needed crutches and rest my leg will i still get paid by my employer
crisp - 6-Dec-15 @ 8:31 AM
Hi my son in law had a fall in work on Friday 13th November, it was almost the end of the day. The second in charge was with him when it happened. His boss has been questioning today what is wrong with him, so my daughter told him it was as a result of a fall in work, she explained fully. He said he knows nothing about that and that no one has told him and it is not in the accident book. My son in law has been in hospital over a week, having severe spasms, seizures and horrendous pain all down to the fall. He has a protrusion in his back in L5 vertebrae and is having an mri today to see the full extent of the damage.Is he entitled to full pay whilst off sick and where does he stand as nothing has been recorded in the accident book. Many thanks
Blockhead-dumbo - 24-Nov-15 @ 6:02 PM
i SUFFERED A BROKEN TYBIA IN MY LEG AFTER DOING A NIGHT SPOT CHECK ON STAFF, I FELL DOWN TWO STAIRS AM I ENTITLED TO FULL PAY WHILST I AM ON THE SICK
PIGGO - 22-Oct-15 @ 7:20 PM
I have been off work for 3 months due to been assaulted by a client who is mentally unwell. My employer havery been paying my full wages until now. What should I do? Thanks for your help.
Felix - 28-Sep-15 @ 10:51 PM
Oom c - Your Question:
I was employeed from march 2013 and training supposed to be completted by 2015 march,however ive injured myself on duty january 2015 and therefor could not attend final assesment.my employer has exstended my contract with 16 months on conditions that I earn trainee money.i am fit and back at work performing normal duties but feel unfairly treated interms of trainee salary and not that of a permanent member,i also feel that I can go earlier for assesment than sept 2015.i am financialy been disadvantage by my employer.

Our Response:
Sorry the dates here do not make sense?
SafeWorkers - 9-Sep-15 @ 2:31 PM
i was employeed from march 2013 and training supposed to be completted by 2015 march,however ive injured myself on duty january 2015 and therefor could not attend final assesment.my employer has exstended my contract with 16 months on conditions that i earn trainee money.i am fit and back at work performing normal duties but feel unfairly treated interms of trainee salary and not that of a permanent member,i also feel that i can go earlier for assesment than sept 2015.i am financialy been disadvantage by my employer.
Oom c - 8-Sep-15 @ 1:56 PM
k - Your Question:
I been at work lat year and sustain injuries whilst restraining a student that was behaving erratically. I put in a claim and the company I work for denied liability. Still in physio over a year now. I also have a bus accident a week ago which aggravated my injury a week ago to the same injuries and off work for a week. Have no choice but to force a 12hr shift now since I need to pay the bills but in pain. Please advise?

Our Response:
Was the claim made via the courts?
SafeWorkers - 27-Aug-15 @ 9:58 AM
I been at work lat year and sustain injuries whilst restraining a student that was behaving erratically. I put in a claim and the company I work for denied liability. Still in physio over a year now. I also have a bus accident a week ago which aggravated my injury a week ago to the same injuries and off work for a week. Have no choice but to force a 12hr shift now since I need to pay the bills but in pain. Please advise?
k - 24-Aug-15 @ 10:43 PM
I started a new job around 8 weeks ago, 5 weeks ago I sliced through the skin between my thumb and finger.I required surgery I have sliced through the tendons. My employer keeps pestering me to go back to work.My Dr says I`m ok but only on light duties. Work say they have none and send me home.I get paid 4 weekly.I`v been to bank today and only been paid £189. Dose anybody no were do I stand please.
tj - 4-Aug-15 @ 3:17 PM
hi am a hgv mechanic and hurt my self while removing a caliper ( shoulder) should i get payed for being off.. ?
derek - 30-Jul-15 @ 11:34 AM
@LG. You'd need to seek specialist advice from an employment/injury lawyer on this as we don't have all the facts.
SafeWorkers - 13-Jul-15 @ 11:05 AM
Hi, can you advise if a company has to pay for medical treatment for a member of staff injured at work when the individual refused to visit the hospital after being assessed by a first aider (treatment requested is osteopathy) Thank you,
LG - 7-Jul-15 @ 1:32 PM
Hello, I am enquiring some information on a situation I have at home at the moment. My husband had a very bad accident at work in 2010, which has caused a number of issues for his daily life and routine. To cut a long story short, he started back at work, working 12 hour shifts (he is an engineer) and he has a list of demanding jobs he has to complete. He informed his manager and work leaders that he is unable to complete heavier duties due to his injury and a doctor has given him a medical note and his surgeon has also provided him with a letter with this information on (which was given to the managers). His managers and team leaders don't seem to be taking into account that he has quite a bad injury and have told him that he is unfit for the job. I am just emailing to enquire what legal grounds we stand on and what we can or cannot do? Many thanks
ann - 6-Jul-15 @ 2:08 PM
@Newny. Ask to see your employer's risk assessment to see what safety measures are in place. If you're unhappy address it with your employer...then follow up with the Health & Safety Executive if you're still not satisfied. Here's our article on Your Rights When Working Alone.
SafeWorkers - 22-May-15 @ 10:37 AM
I was wondering what the law is working alone at night(ie)ie am a hgv driver working for acompany. We have security onin daytime but not the nightime .we have to open 2 gates press a button so thata company observe us (adt )but there is no lighting around most of the yard my worry if we fall while hitching a trailer up no one will know until 7.00 in the morning we get asked to come in from 2359 onwards .ipersonallythinkthis is a wrong practice
newny - 19-May-15 @ 5:10 PM
@nasus. Enter it with a note saying "not reported originally by employee". Put all the details in but if you're unsure whether it's genuine or if there were no witnesses make sure this is recorded too. Your employee will be entitled to SSP assuming he meets all the criteria. If he needs more/feels you the employer is at fault then you will have to make an assessment of his claims and see whether legal advice is needed.
woodpecker - 18-May-15 @ 2:46 PM
a work colleague has just asked to report a work related accident that happened 3 months ago, he now may have to go into hospital foran operation. He has never mentioned this accident or injury to anyone at all until now. Do Ihave to record this now in the accident book and what if anything should I do or what does he need to do
nasus - 14-May-15 @ 3:49 PM
@Petal. As the article says - you will be entitled to Statutory Sick Pay (assuming you earn at least £111 per week). Your employer may have an additional company (occupational) sick pay scheme in place, in which case the details will be in your contract of employment. Some employers (but certainly not the majority), have special sick pay procedures for injuries sustained in the workplace, but again, the details will be in your employment contract. If neither of the above schemes is in place and you feel you have lost a significant amount due to your absence, you would have to try and make a legal claim to try and recoup this.
SafeWorkers - 25-Sep-14 @ 10:38 AM
I was assaulted by a resident in the nursing home I work in and will be off work for 6-8weeks with a bone injury am I entitled to full pay?
Petal - 24-Sep-14 @ 9:13 AM
I work as a security in Surrey and I was hurt helping the police doing my job will I get full pay as I am now off for 8 weeks
Allan - 9-Sep-13 @ 11:30 AM
I was as as security officer in Surrey and I was hurt doing my jobwill I get full pay or not
Allan - 9-Sep-13 @ 11:26 AM
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