Injury at Work? Will I still get paid?

It’s impossible to eliminate risk from life. But it’s reasonable for most people to expect the risk of being injured at work to be small.

That is because employers have strict duties to protect the health and safety of workers. When something goes wrong, there is usually a period of absence – sometimes a few days, sometimes many months or years – while treatment and recovery takes place. And clients who find themselves in this position often ask us about their right to be paid while they are not working.

The short answer is that unless your employment contract provides for full pay to continue during periods of sickness, you are likely to take a hit on wages.

You may be entitled to statutory sick pay at the current rate of £89.35 per week for up to 28 weeks. This applies to employees who have been ill for at least four consecutive calendar days, and who have weekly earnings of at least £113, before tax, and who have complied with notification requirements. Another possibility is that your contract provides for a higher rate of sick pay, perhaps for a longer period. If that is the case, you should get that enhancement.

It is also possible that your employer will exercise some discretion and pay you an amount that comes close to, or equals, your normal salary for some or all of the period for which you are off work. And there are certain state benefits and insurance pay outs that might be available to you, so you should look into that. If you’re unsure about your entitlements, ask your solicitor for advice.

The likelihood, though, is that there will be a shortfall in take-home pay for the period of your absence. That can be difficult to cope with at any time, but particularly when your employer has caused or contributed to your injury. Where this is the case (or where someone else is wholly or partly responsible for your absence from work), it would be sensible to look into making a claim for personal injury.

Aside from potentially winning compensation to cover the cost of any medical treatment, and to make up for some of the pain and suffering you have been put through, it’s possible to claim for financial losses that are attributable to the injury. Included in that, of course, could be a claim for lost wages. Bear in mind that a claim must usually be brought within three years of the accident happening.

Talk to us about your situation as soon as possible. We will advise you on the best way of minimising the effect of your injury on your day-to-day life.

Contact a member of our Litigation team today who will be happy to discuss your personal circumstances further.  Tel:  01264 353411, email: employment@bsandi.co.uk or complete our no obligation online enquiry form and we will get in touch with you.