If you suffer a work related injury and are off work as a result, you’ll understandably be concerned about your right to sick pay.
If your accident was particularly serious and you are worried about your long term health, you may also be concerned about needing to claim compensation.
This article explores your entitlement to company and statutory sick pay as well as other benefits payable by the government.
We’ll also look at what you need to do in order to claim compensation from your employer, and when you may wish to take legal advice.
What to Do Immediately After a Workplace Accident
Whilst your immediate concern after an accident at work should be to get appropriate medical help, there are several steps you should take to protect your right to claim compensation.
After a workplace accident you should:-
- Seek Medical Attention: Get medical help right away, even for minor injuries. Every workplace should have a designated first aider.
- Report your Accident: Inform your manager or health and safety officer and ensure the accident is recorded in the company accident book.
- Get Details of Witnesses: Collect the names and contact details of any witnesses, ask them for a statement of events surrounding your accident asap.
- Collect Evidence: Take photos or videos of the accident scene and your injuries. Retain any doctors or hospital reports about the severity of your injuries and the effects upon you.
- Get Legal Advice: If you wish to explore making a claim for compensation, you may wish consult a specialist accident at work solicitor about the likelihood of success. Most offer a free initial consultation, some operate on a no win – no fee basis.
- Record Your Symptoms: Keep a daily diary of all your symptoms, major or minor. This type of information can help support your claim.
- Track Your Expenses: Document all expenses and losses related to your accident, including loss of income and any medical costs.
Ensuring you follow the above steps can help safeguard your legal rights after an accident at work. It’s also vital to understand your right to sick pay, and your responsibilities when reporting sickness absence from work.
What Pay Are You Entitled to After a Workplace Injury?
If you’ve been injured in a work related accident and are unable to work as a result, there is no obligation for your employer to cover your full salary. This is the case even when your absence is a direct result of a workplace injury that was the employers fault.
Some employers will offer full pay after a workplace injury. But this will either be at their discretion or on the basis of an existing contractual obligation to provide sick pay at the same rate as your full salary.
Check your contract of employment to understand your sick pay entitlements. You may see it referred to as occupational sick pay (OSP). It can also be referred to as contractual or company sick pay.
Sick Pay After an Injury – SSP & Contractual Rights
Whilst being offered full pay if injured at work is at the discretion of your employer, there are statutory entitlements to sick pay. Your employer also has a legal obligation to hold Employer’s Liability Insurance, which covers them for compensation claims after employees are injured at work.
After a workplace injury, you have the right to:-
- Claim Statutory Sick Pay you will qualify for ssp when you earn a minimum of £123 per week, and have been off work for 4 consecutive days. You are eligible to claim this benefit for up to 28 weeks. However, the 2025 SSP rate is £118.75 from April regardless of your salary which may leave you with financial problems.
- Consider a personal injury claim against your employer. Under the Health & Safety at Work Act 1974, your employer has a duty of care to safeguard you at work. Should your injury be a result of a breach of this law, you may be able to claim compensation which would be covered by their employers liability insurance. See Also: TUC Employer H&S Duties Guide.
- Claim Indistrial Injuries Disablement Benefit if your workplace injury has resulted in permanent disability. This benefit also applies to those workers who have contracted industrial diseases. This benefit offers payment on a sliding scale depending on the extent of your disability. To be eligible you must be assessed as a minimum of 14% disabled. Weekly payments are on a sliding scale from £44.30 to £221.50 per week. Read more: UKGov Industrial Injuries Disablement Benefit.
You may also be eligible to claim Universal Credit, Personal Independence Payment (PIP), or Employment Support Allowance (ESA).
Claiming Compensation for a Work Related Injury
Injuries that prevent you from working or cause you undue stress can mean you are eligible to make a claim for compensation.
You may be eligible to claim compensation if:
- Your injury was caused by negligence (e.g. lack of PPE, poor safety procedures).
- Your employer breached health and safety regulations (Health & Safety at Work Act 1974).
You should never feel awkward about exploring your options to claim compensation. Speak to a lawyer to understand your chances of success.
Personal injury lawyers will usually offer a free consultation. All you have to do is have a conversation. After that, you can decide if a personal injury claim is the right choice for your circumstances.
What Is Employer’s Liability Insurance?
By law, most UK employers must hold Employer’s Liability Insurance to cover injury or illness claims from workers. It:
- Covers compensation and legal costs
- Must be displayed in the workplace
Some exceptions exist (e.g. public bodies or certain family businesses). Learn more from the HSE guide to liability insurance.
Common Examples of Workplace Injury Claims:
Where the employer is at fault, you may be able to claim for accidents including:-
- Slips, trips and falls.
- Injuries through heavy lifting.
- Machinery accidents.
- Chemical and other burns.
- Broken bones and fractures.
- Concussion.
Most claims are covered by your employer’s Employer’s Liability Insurance. It’s a legal requirement under the Employers’ Liability (Compulsory Insurance) Act 1969.
You can find out more about Employer’s liability insurance, and which employers are exempt from the requirement to hold it by reading this HSE Leaflet.
Can I Be Disciplined for an Accident at Work?
Employees are not normally disciplined for an accident at work. You’re unlikely to have any action taken against you if the injury wasn’t your fault. However, if the accident happened because you broke health and safety rules (e.g. didn’t wear PPE), you could face a disciplinary process.
Employees also have legal duties under the Health and Safety at Work etc. Act 1974 to:
- Cooperate with safety procedures
- Use PPE provided
- Avoid endangering others
If you’re facing disciplinary action, your employer must explain the reasons and follow a fair process.
Further Reading
- Self certification rules – a guide on how long and how often you can self certify an illness.
- Can you be sacked for an accident at work?
