How Much Statutory Sick Pay Should I Receive After A Workplace Accident?

If you are injured at work and have to take time off, you could be entitled to Statutory Sick Pay (SSP).

Throughout this guide, we will explain how SSP works, who is entitled to it, and how our panel of No Win No Fee solicitors can help you make your personal injury claim.

Our advisors are available 24/7 to provide free legal advice. You’ll be under no obligation to proceed with the services of our panel. However, they could connect you. Why not find out more by clicking the banner above?

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What Is Statutory Sick Pay?
How Could I Get Hurt At Work?
What Are Examples Of Evidence For Work Accident Claims?
Calculating Compensation When Considering Statutory Sick Pay
How Could A No Win No Fee Solicitor Help?
Learn More About Statutory Sick Pay

What Is Statutory Sick Pay?

Employees who are injured or too ill to work are entitled to £96.35 per week for up to 28 weeks as Statutory Sick Pay. However, there are eligibility criteria to meet before you can receive it.

Different sick pay rules apply to agricultural workers. For example, Agricultural Sick Pay (ASP) means you’re paid at least the Agricultural Minimum Wage on top of SSP. Likewise, different rules apply for Scottish agricultural workers.

You can seek it if you’ve been too ill to work for at least 4 days in a row.

In order to qualify for SSP, you must be working under an employment contract and earn an average of at least £120 per week.

Another element you should consider is providing your employer with proof of sickness if you’re off for more than seven days in a row (including non-working days).

You cannot claim SSP if you have already received the maximum amount, or if you are getting Statutory Maternity Pay. Furthermore, you would not be eligible if you have a continuous series of linked periods of sickness for more than 3 years. This is when your periods of illness each last four days or over and are eight weeks or less apart.

Alternatively, your employer may offer you company sick pay. In some companies, this means you’re entitled to full pay when you’re absent. You should check your contract to ensure what you might receive in regards to pay for absence.

Frequency Of Accidents In A Work Environment

Statistics relating to reports made under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), are published by the Health and Safety Executive (HSE). They show that the most frequent accident to cause non-fatal injuries in the workplace in 2020/21 was slips, trips or falls on the same level. You can find some additional statistics from RIDDOR below:

Falls from a height have been the most common fatal injury to workers in the past five years. These also accounted for 8% of employer-reported non-fatal injuries in 2020/21.
Staff being struck by a moving vehicle accounted for 20% of fatal injuries last 5 years.
Fractures (other than to fingers, thumbs, or toes) were the biggest specified injury category and accounted for 91% of all reported injuries last year.

If you are ready to make a work accident claim, get in touch with our advisors now.

How Could I Get Hurt At Work?

There are several scenarios in which potential accidents in a workplace can happen. The Health and Safety at Work etc. Act 1974 (HASAWA) is legislation put in place to help ensure a reasonably safe working environment. Section two of HASAWA sets out your employer’s duty of care.

As part of their duty of care, employers should avoid:

Poor housekeeping. It is important for employers to maintain and regularly check equipment. They should ensure that the equipment is secure and suitable for the job. If it is not maintained and checked regularly it could lead to a serious work injury. Window cleaners, for example, may fall from a ladder if they are not taught to set it up.
Lack of training. Jobs often require training, particularly manual jobs. For example, working in warehouses may involve a lot of manual handling. It’s easy to assume you know how to lift a box, but it isn’t as simple as that. You should be trained on how to lift, carry and handle heavy items at work. If you aren’t trained on how to handle items, and underestimate the weight of something, it could lead to you dropping the item and crushing your hand. You may suffer a broken hand at work as a result.
Lack of Personal Protective Equipment (PPE). PPE is a necessity in some jobs. For example, some work environments expose workers to loud noise, which can be particularly harmful to your inner ear. If you are exposed to loud noise, your employer should assess noise levels and keep a record of the assessment. If working in a noisy environment, like a music venue, your employee should provide you with hearing protection. Failure to do so could result in you suffering from tinnitus.

For more information, contact our advisors now. They can connect you to a solicitor from our panel.

What Are Examples Of Evidence For Work Accident Claims?

Statutory Sick Pay doesn’t always cover what you would have earned had you been able to work. Therefore, you may consider making a work accident claim.

In addition, to make a personal injury claim, you must be able to provide evidence that your employer’s negligence caused the accident and the losses you are claiming for.

The NHS advises you to seek medical attention after an accident. Medical reports can also be useful in proving the extent of your injury and how long your recovery may take.

The examples below could potentially increase your chances of winning the claim:

Take the contact details of witnesses who could be able to provide a statement
Take photographs of the scene of the accident and any visible injuries sustained
Request CCTV footage of the accident happening

It’s also a good port of call to receive legal advice. Our advisors can put you in touch with a solicitor from our panel who can provide legal advice. Click on the banner below for more information.

Calculating Compensation When Considering Statutory Sick Pay

Statutory Sick Pay does not compensate for your personal injury and your loss of earnings. If your accident at work claim is successful, you will be awarded general damages. This covers the pain and suffering caused by your injuries.

You might also be eligible for special damages. This compensates for financial losses caused by your accident. This is applicable to costs you have already incurred, or losses you may incur in future, such as loss of earnings, prescription fees or private medical bills.

The Judicial College sets out examples of injuries and how much they could entitle you to. We’ve used figures from the publication in the compensation table below.

Workplace Injury	How Much?	Notes
Minor Eye Injuries	£3,710 to £8,200	Exposure to fumes or being splashed by liquids can cause initial pain and temporary interference with your vision.
Lung Disease (d)	£29,380 to £51,460	Breathing difficulties may require a frequent use of an inhaler and it could have an impact on your working life.
Minor (i) Back Injuries	£7,410 to £11,730	A relatively full recovery takes place within two to five years without surgery.
Severe Arm Injuries	£90,250 to £122,860	The injury may fall short of amputation but a substantial degree of recovery will be expected.
Severe Fractures To Fingers	Up to £34,480	This type of injury can result in impairment of grip and reduced mechanical function.
Amputations (i) Loss of Both Legs	£225,960 to £264,650	Losing both legs can have a severe impact on your ability to work. There may be phantom pains and psychological problems.
Moderate Toe Injuries	Up to £9,010	Moderate injuries that require surgery and result in permanent scarring fall towards the higher end of this bracket.
Fractures of Cheekbones (i)	£9,570 to £14,810	Serious fractures require surgery but with lasting consequences, including facial disfigurement.
Minor Brain or Head Injury	£2,070 to £11,980	In these cases, brain damage would be minimal but the period it takes to recover may be considerably lengthy.
Moderate (ii) Partial Hearing Loss and/or Tinnitus	£13,970 to £27,890	The degree of tinnitus present and the amount of noise-induced hearing loss determines the award bracket.

You may be ready to make a compensation claim after suffering an injury at work. Speak to our advisors now for free legal advice.

How Could A No Win No Fee Solicitor Help?

A No Win No Fee agreement allows you to make a work accident claim with less financial risk if you’re using the services of a solicitor There are no upfront fees or ongoing fees to pay to your solicitor.

If your claim is unsuccessful, you won’t have to pay any fees to your solicitor at all. Your solicitor would deduct a small, legally-capped percentage from your compensation if you are successful. This would be taken only after the compensation comes through.

Contact Us To Discuss Statutory Sick Pay

To learn more about recovering the financial loss you endured because of Statutory Sick Pay after an injury at work, contact one of our advisors now by:

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Using our online contact form
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Learn More About Statutory Sick Pay

We’ve included some useful resources relating to Statutory Sick Pay below:

How To Claim SSP – Government guidance on how to claim SSP.

Statutory Payment Dispute Team – What to do if you feel your employer is paying you the wrong amount of SSP or is not paying you SSP at all.

The Statutory Sick Pay (General) Regulations 1982 – Government legislation on SSP.

You can find more of our guides below:

Please don’t hesitate to get in touch for more information on Statutory Sick Pay.

Statutory Sick Pay After An Accident At Work