Should I get pay after an accident at work?
The quick answer:
If you require time off work because of your injury you will likely qualify for Statutory Sick Pay (SSP).
To receive SSP you must have been off work for more than 3 days continuously, after which your employer will pay SSP whilst you are off, for up to a maximum of 28 weeks.
You may be entitled to extra sick pay from your employer, but only if your employment contract allows. Your employer must provide full details of any contractual sick pay rights upon request if you do not already know what you’ll get and have been injured at work.
Industrial Injuries Disablement Benefit (IIDB)
Depending on your personal and financial circumstances, you may also be eligible to additional help. For example, if your work place injury results in a disability, or you suffer a disease caused by conditions at work, you may have a right to claim Industrial Injuries Disablement Benefit (IIDB). Your level of disability will determine the amount you receive.
Personal Independence Payment (PIP)
If your work place accident results in long term ill-health you may be entitled to Personal Independence Payment (PIP) whether or not you return to work. The amount you receive will reflect how the injury affects you and the amount of support you need.
If your work place injury means you have substantial caring needs which are being met by a loved one they may be entitled to claim Carer’s allowance and/or other benefits.
Employment and Support Allowance (ESA) / Universal Credit
When your injury prevents you from returning to work once your entitlement to SSP or contractual sick pay has come to an end, you may be eligible to claim Employment and Support Allowance (ESA) and/or Universal Credit.
Returning to work after a work place injury
When you feel able to return to work after a long term absence, your employer may be able to offer a phased return, increasing your duties and hours gradually over a period of time. Your employer is not required to pay your full wage during this time and often the amount of pay you receive during this period is determined by the terms of your employment contract or may be at the discretion of management.
However, if you become disabled or develop a health condition as a result of your injury at work, your employer may have a legal duty to make reasonable adjustments to enable you to return to, or remain in work under the Equality Act 2010.
These adjustments may include a phased return period, a permanent change in working hours, as well as the provision of additional equipment or support necessary for you to continue to do your job well.
What to do if you are out of pocket following an injury at work
Whatever the circumstances of your employment you are likely to be out of pocket compared to if you had not suffered an injury. For example, your employer may not pay you full pay whilst you are off work and you may have lost out on overtime or bonuses during your absence.
Alternatively, you may find you are able to return to work but cannot perform your duties as usual, or need to adjust your working hours during your recovery and this affects your pay.
If your injury results in long term ill-health you may be unable to return to work at all or need to adjust your job role or working hours permanently, often reducing your earning capacity for the future.
As part of your claim for personal injury compensation you can include all loss of earnings suffered as the aim of compensation is to put you back in the position you were, so far as that is possible in terms of money, before an accident at work.
Whether you have lost income of a few hundred pounds or are expected to lose tens of thousands and more, we can help.
Ayoub grew up in Bury before graduating from the University of Lancaster. After then completing his Post Graduate Diploma in Law at the College of Law, Chester, he joined a prestigious London magic-circle firm where he worked on a multi-million pound product liability claim, being the highest value claim of its type in the world. He then returned to the North West where he joined a leading practice before leaving to start his own specialist practice. To contact Ayoub, visit the contact page.