Workplace injury – Your rights to compensation and benefits

If you’ve been injured at work and consequently been unable to return to work — whether it’s short-term or you’re unsure when (or if) you’ll be able to go back — it’s really important to understand your rights.

If your employer’s negligence played a part in your injury, you could be entitled to compensation. And it’s not just your employer that may owe you something — there are also government benefits that can help you while you recover.

You’re not alone. In fact, it’s estimated that 33.7 million working days were lost in the UK last year (2023/24) due to work-related illness and non-fatal injuries. The biggest causes? Stress, depression, or anxiety (16.4 million days), and musculoskeletal disorders like back and joint pain (7.8 million days).

If your injury or illness means you can’t work right now, this guide will walk you through the different kinds of financial support available, and what expenses you can claim back as part of a compensation case.

Loss of earnings

If you have had to take time off as a result of the injuries sustained in an accident at work, you may be able to recover:

• Loss of earnings

This is split into past and future loss of earnings.

If your injury has caused you to stay off work, you are entitled to claim for the net income you would have earned in that period. If you are unable to return to your previous role, or your capacity to work is reduced, for example you can longer work the same hours you worked prior to your accident. this would be classed as a future head of loss which would have to be supported by expert evidence.

• Lost bonuses, overtime and benefits

You may have been working overtime prior to your accident, in receipt of performance related bonuses, pension contributions and other job related benefits are all which can be claimed as past and future losses.

How is your claim for loss of earnings calculated?

This can depend on whether you are employed or self-employed. You will need to provide documentary evidence to support your claim which typically are the documents listed below.

• Payslips
• P60s
• Tax returns
• Employment contract
• Personnel records
• Sick notes
• Accounts such as profit and loss accounts

What state benefits can you claim for?

You may qualify for state benefits especially whilst your claim is ongoing, and you require immediate financial support whilst you are off work.

• Statutory sick pay
• Universal credit
• Industrial injuries disablement benefit (IIDB)
• Personal Independence Payment (PIP)
• Employment and Support Allowance (ESA)
• NHS Injury Benefits (for NHS employees only)
• Civil Service Pensions Injury Benefits Scheme (CSPIBS)
• Benefits following the death of a spouse – there are three main benefits payable on the death of a husband, wife or civil partner:

– A bereavement payment
– Widowed Parent’s Allowance
– Bereavement allowance

Your Union, the Citizens advice bureau or the Department for Work and Pensions (DWP) can assist you with processing any of these benefits.

Can you claim for both state benefits and compensation from your employer?

If you are compensated for any loss of earnings by your employer following an accident at work, the Department for Work and Pensions (DWP) may reclaim certain benefits you received during your time off. The total compensation amount is reduced by your employer by the value of recoverable benefits already paid out to you and your employer will ensure they repay those benefits directly to DWP. This process is to ensure you do not benefit from double recovery of compensation you are not entitled to in respect of any loss of earnings claim.

It is important to note that irrespective of what and how much you receive by way of state benefits, there will be no deduction from your claim for the pain and suffering element of the compensation.

“While financial support from the government helps bridge the gap in the short term, it doesn’t replace the full loss or emotional impact a workplace injury can cause. That’s where a compensation claim comes in — to fully acknowledge your loss and support your long-term recovery.” –  Annie Rana, Personal Injury Solicitor

If you have been injured in an accident at work, you may be entitled to both compensation and government support, and our expert personal injury solicitors will be happy to discuss your loss of earnings claim with you in more detail. We handle all aspects of a personal injury claim arising out of a workplace accident.