Do I get Full Pay if Injured at Work? What are my Rights?

Q.I work for a wine warehouse and as part of my job drive the forklift. On Monday, I was getting out of the forklift and slipped on the step. I fell and dislocated my shoulder. I’ve been working there 18 years, and this is my first accident at work.

I will be off work for 3-6 weeks. Are there any forms I need to fill out, and do I get full pay if I was injured at work? What are my rights after this workplace accident?

calculator and pay slip

Mr D. Winter, 16 March 2021


A.You will be entitled to receive some form of sick pay providing you earn at least £120 per week in your job. However, your employer will not necessarily cover your full wage.


Inury Pay Entitlements

The amount of money you’ll be entitled to if you have been injured at work will depend on the terms and conditions of your Employment Contract.

Many companies will offer their own sick pay scheme which will usually be more generous than the state scheme.

For example, some will allow employees to receive their full income after an accident at work, or any sickness. This type of pay policy usually has a limit of a certain number of days over an annual period.

You need to check your employment contract to see what the rules and policies are on sick pay.


Employer Obligations

It’s important to point out that a company isn’’t obliged to have a separate pay scheme when it comes to sickness or injury.

So, they are not obliged to cover your full pay whilst you are off work through injury. This still the case if your accident happened at work.


Your Right to Statutory Sick Pay (SSP)

If your employer does not have an injury pay scheme, you are entitled to Statutory Sick Pay (SSP). You qualify for this if you’ve earned an average of £120 a week. The current rate is £96.35 per week.

Entitlement to SSP kicks in when you are off for 4 consecutive days. If you had to leave work on the day of your injury, the 4 day period starts the next day. The 4 day period also includes your usual days off. You should recieve SSP from your first full day off after your accident.

If you only qualify for SSP, you will be paid that by your employer as part of normal payroll. Entitlement to this after your injury will last for 28 weeks.


Recording Your Injury at Work

In terms of form filling, you should ensure that your accident at work was recorded in the company accident book. If you needed more than 3 days off, your employer should report your accident to the Heath & Safety Executive.


Reporting to Qualify for Sick Pay

It’s important to report to your employer that you’ll be off work due to your injury as soon as possible. The longest you can wait to inform your employer so you can qualify for sick pay, is 7 days after your first day off.


Self Certifying

For the first week of sickness, you can ‘self certify’. That means you dont need to produce a sick note from your doctor for the first week.

You can either write a letter explaining the sickness or complete form SC2. This form is an ‘Employee’s Statement of Sickness’ which you can get from your GP. It can also be downloaded from the HM Revenue & Customs website.


When You Will Need a Sick Note

Beyond a week off work, a doctor’s note (now called a fit note) is required. Your doctor will assess your injury and write a sick note signing you off work so you can recover. This should be passed to your employer.

One additional thing to note is that the amount of sick pay you get 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.


Considering a Personal Injury Claim

You could, however, possibly make a Personal Injury Claim against his employer but he should seek advice from either a trade union representative or your lawyer before considering taking any action of this kind.

If you think you may take this route, it’s important to get photographic evidence of the area you had your accident. Also approach any witnesses to your injury and get statements of the circumstances of the incident that has left you unable to work.

32 thoughts on “Do I get Full Pay if Injured at Work? What are my Rights?

  1. ania2-39 says:

    I have accident last year on march. I started new work in restaurant- i was working before 3,5 years in the kitchen. After 2.5 weeks i have accident- i burn my hand and my head chef didn’t help me and i get to hospital after 4.5 hours. My employer didn’t give me any training (no one in the restaurant was train- everyone was working by experience)- staff dont even know where is fire exit, no one have first aid course, no accident book, no train documents of rest of the staff. When manager arrive- i show him whats happend and he advice me to put yoghurt on my hand and this shoud help me. My employer said was my fault as i poor the hot bullion on my hand- when i try claim them they send video how Im working etc (they like show by video i had trianing) and even that i didnt falow the roules. What i can do on this situation????

  2. Lalala says:

    I have broken my finger when opening the gates at my workplace car park. I know other employees were complaining that the gate is difficult and dangerous to open from outside. My employer is now saying the gate doesn’t belong to the company but whole complex which contains 2 other shops. There is no sick pay in my workplace and I think I will be off work for a while. What should I do?

  3. Zena says:

    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.

  4. Jj says:

    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

  5. reis says:

    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

  6. Chocly says:

    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

  7. Komba says:

    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.

  8. cowboy says:

    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

  9. cowboy says:

    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.

  10. crisp says:

    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

  11. Blockhead-dumbo says:

    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

  12. PIGGO says:

    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

  13. Felix says:

    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.

  14. Oom c says:

    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.

  15. k says:

    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?

  16. tj says:

    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.

  17. derek says:

    hi am a hgv mechanic and hurt my self while removing a caliper ( shoulder) should i get payed for being off.. ?

  18. LG says:

    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,

  19. ann says:

    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

  20. newny says:

    I was wondering what the law is working alone at night (ie)ie am a hgv driver working for a company. We have security on in daytime but not the nightime .we have to open 2 gates press a button so that a 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 .ipersonally think this is a wrong practice

  21. woodpecker says:

    @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.

  22. nasus says:

    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 for an operation. He has never mentioned this accident or injury to anyone at all until now. Do I have to record this now in the accident book and what if anything should I do or what does he need to do

  23. Petal says:

    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?

    • Safe Workers says:

      @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.

  24. Shug says:

    I was recently injured in my work, I slipped on a building site and damaged my knee, my boss took me after 2 days off to do “light” duties after 7 weeks he has now said I need to go back home on “sick” but with no pay! My doctor gave me a not stating I can drive but I no lifting duties, I am a lorry driver and stuck on what to do next.

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