If the work accident means that an employee cannot work for four consecutive days or more, the employee will be entitled to Statutory Sick Pay, or the employer may offer a more generous sick pay scheme.
For many people injured in work accidents the only way to recover the full amount of pay lost is to make a work accident claim for compensation to include lost earnings.
Statutory Sick Pay
When injury or illness leaves you unable to work, you’ll understandably be worried about the impact this will have on your finances. This will be especially true if you’re taking time off because of an accident that happened at work, for which you’re taking legal action against your employer.
So will you still get paid? Or is your employer allowed to stop paying you?
Well, the matter of whether or not you still get paid varies according to your employment status. The situation is a little more complex if you’re self-employed, a contractor or an agricultural worker. But if you’re an employee (including agency workers), the law in England and Wales says that you’re entitled to receive Statutory Sick Pay if you:
- Are off work for four days in a row or more (although after seven days you may need to provide a doctor’s note)
- Earn at least £113 per week before tax
- Notify your employer of your sickness within the deadline set by your employer (or within seven days, if there isn’t a specified deadline).
If you meet the above criteria and you take time off work sick, you should still get paid. This might not necessarily be your full salary, but you should at the very least get Statutory Sick Pay. This applies even when you’re making a work accident claim, as your employer is not allowed to treat you any differently just because you’re claiming compensation.
You might even be entitled to receive more than the statutory minimum. It depends entirely on the terms of your employment contract. Some employers will have their own occupational sickness scheme, which would see that you receive over and above Statutory Sick Pay.
Alternatively some employers have special sick pay schemes for work-related injuries and illnesses. Or they may simply offer you more because of what’s happened. This arrangement can be made at the employer’s discretion and is perfectly acceptable, so long as you don’t receive less than the statutory minimum.
How Much Sick Pay Do You Get?
If your employer offers an occupational sickness scheme, the amount you get will be detailed in your contract of employment.
But if you’re only entitled to Statutory Sick Pay, then (at the current time) you’ll receive £89.35 per week before tax. This will begin once you’ve been off work for four days in a row (including non-working days), and will last for 28 weeks. After 28 weeks your right to Statutory Sick Pay will end, but you might be able to apply for Employment Support Allowance.
You can take 28 weeks off work in one period of sickness, or linked periods of sickness. Periods of sickness will be linked if you return to work, but within eight weeks of returning you go off sick once again. This often happens when you think you’ll be able to resume your working duties, but you quickly realise that it causes your condition to deteriorate.
Accident at Work Claim Time Limit
If you’re not entitled to receive your full salary while you’re off sick, it can result in serious financial difficulties.
However, if you’re making a work accident claim, the money you have lost can be reflected in your compensation settlement. This is because personal injury claims are intended to put you back in the financial position you would have been in, had the accident not happened.
If you do want to make a work accident claim, you should to speak to a Personal Injury Lawyer as soon as possible. There are time limits involved, and typically you only have three years to bring a claim, starting from the date the accident occurred (or the date you were diagnosed with your work-related illness). To succeed with a work accident claim, it is necessary to successfully show that the injury was caused at least in part due to another’s negligence.
If you don’t make a claim within the time limit, you’ll lose out on your opportunity to claim compensation and to recover your lost wages or salary.
For free initial legal advice call our Personal Injury Lawyers on 0330 606 9587 or contact us online and we will call you.