You may not receive full pay if injured at work. In this guide, we cover what to do if you’ve been injured due to your employer’s negligence and how to recover costs.
Our advisors are available 24/7. If your claim is eligible, they may connect you with our panel of personal injury solicitors. To find out more:
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Choose A Section
- Do I Receive Full Pay If I’m Injured At Work?
- How Could Accidents At Work Happen?
- A Breakdown Of Proving A Work Accident Claim
- How Much Can I Claim Aside From Full Pay If I’m Injured At Work?
- Why Are No Win No Fee Solicitors Better?
- Extra Guidance On Receiving Full Pay If Injured At Work
Do I Receive Full Pay If I’m Injured At Work?
You may not be entitled to full pay if injured at work, even if the injury happened due to your employer’s negligence. There is no legal requirement to be paid in full.
However, you may be entitled to Statutory Sick Pay (SSP). SSP is the minimum amount your employer must pay you if you are off work sick. Not everyone is eligible for SSP. Also, some employers may have a sick pay scheme so you can receive sick pay that fully covers your wages.
Regularity Of Workplace Accidents
Each year the Health and Safety Executive (HSE) provides statistics of workplace accidents.
The Labour Force Survey counts self-reported accidents at work. Others are reported by employers under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).
For a 12-month period between 2020/21, an estimated 1.7 million people reported suffering a new or ongoing work-related illness to the Labour Force Survey.
Of these 1.7 million work-related illnesses:
- 822,000 reported stress, depression or anxiety.
- 470,000 reported a musculoskeletal disorder.
How Could Accidents At Work Happen?
Employers owe you a reasonably practical duty of care under the Health and Safety at Work etc. Act 1974. This means they must conduct a health and safety risk assessment. If risks are identified, as far as is reasonably possible, your employer is expected to make them safe. Where it is not practicable to do so. they should inform employees.
Common causes of workplace accidents include:
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- Slips, trips and falls: This can mean tripping over wiring or slipping on a wet floor, amongst other things. Employers should have measures in place to prevent slipping on a wet floor.
- Equipment malfunctions: It is up to your employer to ensure that the required equipment checks are carried out. Equipment malfunctions can include something as simple as a frayed wire on a kettle in the breakroom. It is up to your employer to have appropriate safety checks carried out on the equipment they supply.
- Faulty or ill-fitting personal protective equipment (PPE): If PPE is needed to safely carry out your job it is up to your employer to provide it. For example, some nurses are expected to be provided with the appropriate disposal PPE. If her employer suggested she reuses the same PPE this could expose her to a dangerous disease or illness.
- Lack of Training: Your employer is expected to provide you with adequate and appropriate training required to carry out your job safely. This may include training you on workplace procedures and any equipment you might use.
If you are not entitled to full pay and were injured at work due to your employer’s negligence you may be able to recover the lost wages. Our advisors are available 24/7 and could connect you to our panel of personal injury solicitors if you have an eligible claim.
A Breakdown Of Proving A Work Accident Claim
The accident at work procedure varies between types of employment. However, employers should have one in place.
Unfortunately, you may not be entitled to full pay if injured at work. You must prove your employer breached their duty of care under the Health and Safety at Work etc. Act 1974, and you suffered injuries as a consequence if you wish to claim workers’ compensation. Also, you should supply as much solid evidence as you can.
After an accident, you should:
- Seek medical attention: Medical records from your doctor or a hospital can provide evidence of your injury. Some injuries will require immediate medical attention, such as the need to phone an ambulance. Others will need first aid.
- Gather evidence: If there are any witnesses, get their contact details. Your solicitor may need a statement from them. Ask the appropriate person for any relevant CCTV. Take photographs if possible. You can file a claim without these. However, it can prove helpful.
- Fill in the accident log book: This should include your name, the time and date and details of the accident.
- Seek legal advice: If you received an injury in the workplace, you may be entitled to claim compensation. Accident at work lawyers might make the process feel easier for you.
Our advisors are available 24/7 to answer your questions about a workplace accident claim. If you have a potential claim they may connect you to our panel of personal injury lawyers.
How Much Can I Claim Aside From Full Pay If I’m Injured At Work?
If you choose to file a claim for your injuries due to your employer’s negligence, your claim could have up to two heads: general damages and special damages.
General Damages
Pain and suffering caused by your injury at work come under the general damages part of your claim. The Judicial College Guidelines (JCG) is a publication that helps solicitors value your injury. Potential compensation figures are provided from the JCG in the compensation table below.
Injury | Potential compensation | Notes |
---|---|---|
Moderate brain damage (i) | £140,870 to £205,580 | Moderate to severe intellectual deficit, personality changes, with speech, sight and senses impacted. No chance of future employment. |
Moderate psychiatric damage | £5,500 to £17,900 | Inability to cope with life and work but with a positive prognosis. |
Incomplete loss of vision in one eye (f) | £22,230 to £36,960 | Serious but incomplete loss of vision affecting one eye only. No significant risk to the other eye. Or blurred or double vision or sensitivity to light in both eyes. |
Moderate tinnitus and noise-induced hearing loss (NIHL), or moderate to severe tinnitus alone, or NIHL alone | £13,970 to £27,890 | Exposure to noise at work over a prolonged time resulting in tinnitus and/or hearing loss. Age impacts award amount as there is often a reduction in hearing over time. |
Chest injuries (c) | £29,380 to £51,460 | Continuous disability with some damage to chest and lungs. |
Chronic asthma (b) | £24,680 to £40,370 | Breathing difficulties with an uncertain prognosis. Employment prospects restricted. |
Total loss of reproductive organs in men. (a) (i) | In excess of £144,420 | Total loss of reproductive organs in men. |
Digestive system (iii) | £6,190 to £11,820 | Penetrating wounds to the digestive system. |
Kidney damage (a) | £158,970 to £197,480 | Permanent and serious damage to both kidneys. |
Severe shoulder injury (a) | £18,020 to £45,070 | Brachial plexus damage resulting in significant disability. |
Special Damages
Monetary losses associated with your injuries can be awarded under special damages. You may not be entitled to full pay if injured at work, but you can claim it back under special damages. Other financial losses associated with your injury may also be claimed. However, you must keep evidence.
Special damages can include:
- Your loss of earnings. This is where you can recover full pay if injured at work.
- The future earnings you might have received if not for the injury.
- Transportation costs. This can include reimbursement for petrol, bus fares and/or taxi fares associated with travelling to and from appointments related to your injury.
- Repairs and/or replacements of personal property damaged when you were injured. For example, if your designer jeans were ruined when machinery fell on top of you, you could claim the costs for having them replaced. However, you need to make sure you keep the receipt.
If you are eligible for compensation, our advisors may connect you with our panel of personal injury solicitors. Click on the banner to speak with them today.
Why Are No Win No Fee Solicitors Better?
If you’ve been injured at work due to your employer’s negligence, you may be entitled to claim compensation. Using No Win No Fee solicitors might make a work accident claim feel easier.
With No Win No Fee solicitors, there are no upfront fees. A legally capped success fee will only apply if your claim is successful. You won’t need to pay the solicitor’s fee if your claim loses.
Discuss Full Pay If Injured at Work With Us
Our advisors are ready to answer your queries if you’ve been injured in an accident at work due to your employer’s negligence. They are available 24/7. If you have a potential claim you may be connected with our panel of personal injury lawyers. However, you are under no obligation to use our services.
Start your claim today:
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Extra Guidance On Receiving Full Pay If Injured At Work
Statutory Sick Pay (SSP) is the minimum amount of sick pay you will get if you are eligible.
Citizens Advice Bureau (CAB) has a simple guide to help you understand SSP.
The Health and Safety Executive (HSE) provides health and safety at work support.
We also have guides on:
- Claiming Compensation For An Accident At Work
- Can I Make A Forklift Accident Claim?
- Broken Foot At Work Claims
- Eye Injury At Work Claims
- Statutory Sick Pay After A Workplace Accident
- Making A Successful Head Injury at Work Claim
- Broken Bone At Work Claims
- How Do I Prove I Sustained An Ankle Injury at Work?
- Examples Of Accident At Work Compensation Payouts
You may not receive full pay if injured at work. However, you might be eligible to file a No Win No Fee claim for compensation.