Advice on compensation and sick pay entitlement

This legal advice website is managed by Winston Solicitors LLP. Our service is dedicated to providing advice on accident claims in England & Wales.

If you have been injured at work and the accident or injury occurred whilst performing your working duties, you might expect fair treatment from your employer should you undergo an enforced period of absence.

Sadly this does not always happen and in our experience it is more common for an employer to take a hard-line stance with an employee, particularly regarding sick pay.

The official word here from the Direct Gov site might help explain your status and rights: Company sick pay advice.

One of the most common reasons why injured employees decide to make a claim is because they do not receive any wages during an enforced absence. So what are your rights in this situation? Your rights to sick pay depend very much on the specific wording of your contract of employment.  

Sick pay types:

Occupational Sick Pay

This is paid by employers who are contractually obliged to pay the salary (usually in full) of any person absent from work through injury or illness.   There is however usually a heavy element of discretion and the employer has control over what amounts are paid and for how long.   This benefit will normally apply only after a person has been employed for a fixed period of time. each set of rules can be different from one employer to another.  

SSP - Statutory Sick Pay

Most workers are entitled to Statutory Sick Pay (SSP) if their employer does not provide occupational sick pay, either at all or, for example, in their first period of service. But SSP is based on a number of rules, including:

You must be off sick for four or more consecutive days including weekends.

Payment of SSP can only be made for each "qualifying" day. In other words each day that you would normally be expected to work anyway.

SSP is not paid for the first three qualifying days in any period of incapacity for work. You must earn more than what is called the Lower earnings Limit (LEL) for National Insurance Contributions (NICs).

If your average earnings before deductions such as tax and National Insurance (NI) are £79.00 a week or more, the SSP rate is £63.25 a week. Part-time workers are entitled to SSP. Short term contract employees may not be entitled to SSP. You must be under the age of 65 and over the age of 16. You must show your employer some evidence that you are sick. A "self-certification" is usually sufficient but the employer is entitled to some evidence that you were absent for appropriate reasons.

What next?

Make an enquiry with us and we will provide the advice you need to make progress with either your compensation case or lodging a grievance with your employers:

Call us free on 0800 0322210 or chat online.

For comprehensive information on Health & Safety in the workplace from the official government website, please visit: http://www.direct.gov.uk/en/Employment/HealthAndSafetyAtWork/index.htm