If you are injured at work and the accident was caused by someone else, you could be entitled to not only seek compensation for the distress, pain and suffering you had to endure, but you could also qualify for sick pay. However, you would need to have followed the necessary procedure as set out by an employer in your employment contract in order to validate your claim and to receive Statutory Sick Pay (SSP) during the time you are unable to work due to the injuries you suffered.
Some employers also agree to pay their employees extra “sick pay” if they get injured in the workplace which is written into their employment contracts. As such, it is also wise to read through the terms of your contract to establish if this is so. To find out more about whether you still get paid if injured at work, please click on the links below:
- Following the Correct Procedure if Injured at Work
- How Should I Report An Accident at Work if I am Injured?
- Seek Medical Attention As Soon As Possible If Injured at Work
- Do I Need to Contact the Health and Safety Executive if Injured at Work?
- Is My Employer Obliged to Pay Me if I Am Injured at Work?
- Am I Entitled to Statutory Sick Pay if I Am Injured at Work?
- Do I Need to Provide a Fit Note From a GP if I Am Injured at Work and Need Time Off?
- Can an Employer Refuse to Pay Me Sick Pay If I Am Injured at Work?
- Could I Qualify for Industrial Injuries Disablement Benefit if I Am Injured at Work?
- What Are My Employer’s Responsibilities if I Am Injured at Work?
- Does an Accident Need to be Reported to RIDDOR if I Am Injured at Work?
- Does An Employer Have to Keep an Accident Book?
- If I Am Injured at Work, Does HSE Share My Information With Other Parties?
- Can My Employer Apply Pressure For Me to Return to Work?
- Can An Employer Fire Me If I Am Injured at Work?
- What Benefits Would an Accident at Work Lawyer Provide if I Am Injured at Work?
- Informative Links
If there is a specific procedure that must be followed after an accident in the workplace as set out by an employer, you must adhere to it. This could involve seeking medical attention from a designated first-aid officer and ensuring that the incident is correctly recorded. Should your injuries be severe, you should seek medical attention from a qualified doctor or paramedic as soon as possible should you need to go to hospital by ambulance.
If you cannot report the incident yourself, a fellow worker can officially record the incident in an accident book or by some other means. You have the right to check that the information detailing your injuries and the accident at work has been correctly noted and if you find that it is not, you can correct the details before signing the report.
Accidents at work should be reported to employers or the person in charge as soon as it is feasibly possible. This is an essential procedure that must be followed whether you intend on seeking compensation for injuries you sustained or not. Having an official report can be a legal requirement should the incident need to be reported to RIDDOR. If your employer has an accident book in the workplace, the incident should be officially recorded in it.
However, if your employer does not have an accident book, you can either send them a personal email detailing the workplace accident and the extent of your injuries or you can write them a letter and send it registered mail making sure that you retain a copy of the letter for your own personal records. As previously mentioned, if you are too sick to report an accident at work yourself, you have the right to request that a fellow worker or someone else that you trust does this on your behalf.
If is important that you seek medical attention if you are injured at work even if your injuries only seem slight at the time. You may find that what appears to be a minor injury becomes something more serious a little later, bearing in mind that you may also have sustained internal injuries.
The medical report that a qualified doctor provides detailing the extent of the workplace injuries you suffered is an essential part of the evidence you would need if you file for compensation and would add strength to your accident at work claim. The report would also be needed should you be entitled to claim benefits.
If the accident at work that left you suffering from injuries is a “reportable” incident, then your employer or the person in charge is bound by law to send a report to the Health and Safety Executive through the RIDDOR. You have the right to check that this has been done.
Unless it is written into your employment contract, your employer is not obliged to pay you if you need time off work to recover from injuries sustained in the workplace. However, as previously mentioned, some employers do pay sick pay to employees when they are injured at work so it is worth checking your contract to find out if this is so bearing in mind that many employers hold insurance which covers worker’s wages should they not be able to work.
However, as previously touched upon, you would be entitled to Statutory Sick Pay providing you meet the necessary criteria to qualify.
If you are categorised as an “employee” and you were not “self-employed” when the accident at work happened, the law states that you are entitled to statutory sick pay (SSP). However, to qualify for SSP, you would need to meet the following:
- You must have an employment contract
- You must have carried out some work under your employment contract
- You had 4 days or more off work in a row – this includes non-working days which is referred to as follows, “period of incapacity for work”
- You must earn an “average” of a minimum of £118 a week
- You must have given your employer the “correct” notice
- You must have given your employer evidence of your injuries if you have 7 days off work
It is worth noting that even you were an employee and you received less that 8 week’s pay, you could still be entitled to receive statutory sick pay. If you were working part-time, work under a fixed contract, you are an agency or casual worker or under a zero-hours contract, you could still qualify if you were injured in an accident at work.
Sick pay entitlement that you may qualify for is as follows:
- If your salary is above £112 a week and you are unable to work for more than 4 consecutive days, you would receive £92.25 a week in statutory sick pay (SSP) which starts from the 4th day you are off work which is the minimum amount that an employer can legally pay you and can do so for 28 weeks
However, there are exceptions which means that as an employee you may not qualify for SSP should the following applies to your case:
- You received 28 weeks of statutory sick pay – this is the maximum amount of SSP allowed
- You are receiving Statutory Maternity Pay or you are receiving Maternity Allowance
- You are unable to work due to a pregnancy-related sickness during the 4 weeks prior to the birth of your baby
- You were on strike or in custody on the 1st day of your illness and this includes linked periods
- You work outside the EU and therefore do not have to pay National Insurance contributions
- You received Employment and Support Allowance in the 12 weeks of returning or starting to work for an employer
If you need to take more than 7 consecutive days off work after being injured at work, you would have to provide a doctor’s “fit note” which used to be referred to as a “sick note”. The 7 days you are unable to go to work includes non-working days. The note that a doctor would provide would state the following:
- Not fit for work
- May be fit for work
However, if your doctor states that you “may be fit for work”, they would typically recommend any changes that may be required to assist you in returning to work. If an employer objects to any changes being made, it would give you the right not to return to work and for you to be deemed “not fit for work”.
An employer must provide a good reason for not wanting to pay you if you are off work recovering from injuries sustained in a workplace accident. If an employer cannot explain why you were turned down, you should seek legal advice from a solicitor who specialises in employment law. The reason being that should you think you are being treated unfairly or detrimentally, or your employer fires you or disciplines you due to the fact that you asked for sick pay, you could be entitled to file legal action out against your boss.
With this said, there are genuine reasons why you may not qualify for statutory sick pay which includes the following:
- You are classed as a self-employed worker
- You are part of the “armed forces”
- You are in prison or detained by the Police
- You work as an agricultural worker
If the accident at work that you were involved in left you with disabling injuries, you could qualify for Industrial Injuries Disablement Benefit (IIDB). To qualify, you would need to prove the following:
- The injuries that resulted in a disability occurred in an accident at work, or
- When you were on an approved training course
- The accident that left you with a disability happened in England, Wales or Scotland
With this said, the amount of IIDB you could receive would be based on the extent of your disability as well as the complexity of your case. Should you require the assistance of a “carer”, they may be entitled to a “Carer’s Allowance”.
IIDB is calculated as follows:
- 100% = £174.80
- 90% = £157.32
- 80% = £139.84
- 70% = £122.36
- 60% = £104.88
- 50% = £87.40
- 40% = £69.92
- 30% = £52.44
- 20% = £34.96
The disability must be assessed by a qualified “medical adviser” who would determine the level of your disability on a scale of 1 to 100 percent and you would only qualify if the adviser establishes that your disability is 14% or higher. The figures provided above are given as a guideline only as to the amount you may receive in IIDB providing you qualify.
Employers in the UK have a legal duty towards you and your fellow workers when it comes to your health and safety in the workplace. Employees too must behave responsibly when they are at work to reduce the risk of injury and harm coming to them. Your employer is bound by law to do their level best to ensure you are kept safe while working for them and must set in place all reasonable measures to achieve this goal which includes but is not limited to the following:
- To carry out risk assessments on a regular basis
- To inform all employees and other workers of risks and hazards in a work environment
- To provide adequate and ongoing training to all employees and other staff
- To ensure that employees and other staff are adequately trained to use machinery, equipment and tools
- To ensure that all equipment, machinery and tools are kept in good working order
- That all employees and other staff are given industry-standard personal protective equipment when necessary to carry out jobs they are tasked to do
- That all employees and other staff are provided with and consulted either directly or via a representative, guidelines on health and safety in the workplace
Under the Health and Safety Information for Employees Regulations (HSIER), all employers must ensure that an approved HSE poster is displayed where employees and other workers can clearly see it. An employer could, as an alternative, provide all workers with copies of Health and safety law leaflets
Should your employer fail to keep you safe from injury whilst at work, they would be in breach of their legal obligation to do so and as such, should you require time off work to recover, you should be entitled to receive sick pay whether you qualify for SSP or extra sick pay that an employer has agreed to pay staff as stated in contracts of employment.
Serious workplace accidents must be reported to RIDDOR and the responsibility falls to employers or people who are “in control” of a work environment (this is referred to as the Responsible Person). Accidents, occupational diseases and near misses (specific dangerous occurrences) must be officially reported to RIDDOR. Should a reportable incident have occurred in Northern Ireland, the report must be forwarded to HSE NI.
Some employers in the UK are legally obliged under the Social Security Law to have an “accident book” in which records of incidents and injuries sustained in the workplace must be recorded.
Any information relating to injuries sustained in a workplace accident that is passed onto to the Health and Safety Executive via a report provided by RIDDOR would not be shared with an employer’s liability insurance provider. It is up to your employer to ensure that all the relevant information regarding the workplace accident that left you injured, is passed onto their insurers which must be done in a timely manner.
Your employer would be acting unlawfully if they try to pressure you into coming back to work early if you were injured in an accident at work. Studies have established that an “unfit” employee is not only a risk to themselves, but to their fellow workers as well. You have the right to take enough time off work to fully recover from your injuries and once you return to work, you have the right to request lighter duties if possible, which your employer must respect.
If your employer sacks you because you were injured at work and chose to seek compensation from them, they would be in breach of the law. If your employer threatens you with redundancy or hints that you may lose your job if you file an accident at work claim against them, you should seek legal advice prior to doing anything else.
The reason being that it is unlawful for employers to act in this way towards an employee who has suffered injuries in the workplace. As an employee, you have the “right” to seek compensation from an employer if they were negligent in their duty to keep you safe from harm.
Solicitors boast having the legal expertise required when filing accident at work claims against negligent employers. They know that time limits and pre-action protocols have to be respected which alone can help speed up what is often lengthy, complex legal processes. Gathering the required evidence can take time and a solicitor understands that medical reports are an essential part of your claim.
As such, they would arrange for you to be seen by an independent medical expert who works in the private sector at the earliest opportunity. Their medical report is another essential when it comes to calculating the level of “general damages” you would receive.
Other benefits of working with an accident at work lawyer would offer you would include but is not limited to the following:
- Your claim against an employer would be assessed during a no obligation, initial consultation for which you would not be charged a fee.
- A personal injury solicitor would work on your claim without requesting that you pay them an upfront or ongoing fees once they are satisfied your claim is valid and they entered into a No Win No Fee agreement with you
- A solicitor would work very hard to ensure that you receive a level of compensation that your injuries merit
- Should you require ongoing treatment, a solicitor would ensure that the cost of this is included in the “special damages” you are awarded whether through a court ruling or in an out of court settlement that is reached with your employer’s liability insurance provider
If you were involved in an accident while carrying out your job and you need legal advice on whether you are entitled to get paid if you got injured at work, you should discuss your case with a personal injury solicitor who has the expertise to recommend how best you proceed in filing an accident at work claim against your employer.
If you were injured at work and would like more in-depth information on health and safety regulations, please follow the link below:
If you would like to find out information on accident at work statistics in the UK, please click on the link below: