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Will I be paid for the time I take off sick if I am injured at work?

If you are unable to go to work due to sickness or injury caused by an accident at work or any accident then your entitlement to sick pay is the same as it would be if you were off work through any form of illness. Be sure to check your contract of employment to see if your company has a sick pay scheme.

What is Company sick pay?

Your contract of employment may state that your employer will pay you company sick pay if you are off work sick. This is also known as contractual or occupational sick pay.

If your employer runs a sick pay scheme then you should be paid the amount that the scheme promises when you are off sick due to your injuries.

Often your employer’s sick pay scheme will be more generous than Statutory Sick Pay (SSP).

What happens if my company does not have a sick pay scheme?

If your employer does not have a company sick pay scheme or you do not satisfy the requirements to qualify for it, your employer should still pay you Statutory Sick Pay (SSP). However, you must qualify for SSP and have been off work for 4 or more days. Please read the section below for more information on SSP.

What is Statutory Sick Pay?

Statutory sick pay is the minimum amount that your employer must pay you if you are too sick to work. However, you must meet requirements to qualify for SSP.

How much money will I get from Statutory Sick Pay (SSP)?

The current rate of statutory sick pay stands at £89.35 per week (correct as of September 2017). Your employer will pay your statutory sick pay the same way that your wages are paid.

Most people in employment should qualify for Statutory Sick Pay (SSP).

To qualify for SSP you must:

  • Be classed as an employee.
  • Have been off work sick for at least 4 days in a row (including non-working days).
  • Earn at least £113 per week (before tax).

Importantly, the amount of sick pay paid to Agricultural Workers is slightly different. More information regarding this can be found on the government website.

In what circumstances will I not qualify for Statutory Sick Pay?

  • If you have already received the maximum amount of SSP (28 weeks).
  • You are getting Statutory Maternity pay.

Do I need to prove that I am sick?

You do not need to give your employer physical proof that you are ill if you are off work for less than 7 days in a row (including non-working days). However, when you return to work your employer may ask you to complete a form regarding your absence. This is called ‘self certification.’

If you are off for more than 7 days in a row, you must produce a ‘Fit note’ from your medical practitioner. This is also known as a ‘Sick Note.’ You only need to give a copy of the note to your employer and should keep the original yourself.

What should I do if I am not eligible for Statutory Sick Pay or it ends?

You may be entitled to Employment and Support Allowance (ESA). You will need to apply using form SSP1. Your employer should provide you with this form.

Can I claim for compensation?

If you have been injured at work through no fault of your own and this is why you are required to take time off work, you may be entitled to make a claim for compensation against your employer.

As part of that claim, you may be entitled to claim for the loss of earnings you have suffered as a result of being off work sick due to your injuries.

Contact us today:

To see if you are entitled to claim compensation for your accident you can contact What’s My Claim Worth on 0800 025 0000 or fill in our Claimometer. We will also be able to assist you if your employer has not paid you the correct amount of sick pay. Get in touch today.

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