What Benefits Am I Entitled To If I Have Been Injured At Work?

If you’ve been injured at work and have been left unable to work as a consequence, it is likely that you will be wondering about what pay and benefits you will be entitled to during your recovery period. Here, we explain what you may be entitled to if you cannot work due to an accident:

Am I entitled to contractual sick pay?

It is best to check the terms of your contract to find out if your employer has a contractual sick pay scheme in place. Some employers will agree to pay your usual daily or hourly rate for a given period of time if you are off sick. Each employer’s contractual sick pay conditions will differ, so it is best to find out what this is at the start of your employment.

Am I entitled to Statutory Sick Pay?

You are legally entitled to Statutory Sick Pay (SSP) as long as you match the below criteria:

• You have already started work for your employer. You would not qualify if you fell sick before the start date of your new employment contract.
• You are sick for a period of 4 full days in a row (or more). This is also includes non-working days.
• You must earn on average at least £120 per week, before tax.

If you work part-time or are employed on a fixed-term contract you are also entitled to SSP.

As long as your circumstances meet the above criteria you will be entitled to claim SSP of £95.85 per week, for up to 28 weeks.

Who isn’t entitled to Statutory Sick Pay?

You won’t be entitled to SSP if you:

• Are self-employed.
• Are in the armed forces.
• Are an agricultural worker.
• Received Employment and Support Allowance (ESA) in the last 12 weeks.
• Are currently receiving statutory maternity pay.
• Are currently pregnant, with a pregnancy-related illness and your baby is due in 4 weeks or less.
• Gave birth within the last 14 weeks, or within the last 18 weeks if your baby was born over 4 weeks early.
• Have already received SSP for a period of 28 weeks, with the 28 week period coming to an end within the last 8 weeks.
• Are in legal custody.

What is Industrial Injuries Disablement Benefit?

Industrial Injuries Disablement Benefit (IIDB) covers those who become ill or are left disabled due to accident at work, or through contracting an industrial disease.

How do I know if I am eligible to claim Industrial Injuries Disablement Benefit?

If you had an accident at work you might be eligible to claim for IIDB if:

• You were employed at the time of the accident.
• You were on an approved employment training scheme or course when the accident happened.

If you developed a disease as a result of your work you may be able to claim IIDB. There are over 70 diseases covered by the benefit scheme including:

• Asthma
• COPD
• Industrial deafness
• Pneumoconiosis
• Osteoarthritis of the knee in coal miners
• Vibration White Finger

You can also claim IIDB if you have developed an asbestos related disease, including:

• Asbestosis
• Mesothelioma
• Unilateral or bilateral diffuse pleural thickening.

It is important to note that you will not be able to claim Industrial Injuries Disablement Benefit if you were self-employed.

For more information on how to claim IIDB and the amount of IIDB weekly benefit that you may be entitled to visit the gov.uk website.

What should I do if I have been effected by a workplace injury or illness?

If you have been injured in an accident at work or have developed an industrial disease, due to negligent working practices you could be eligible to make a personal injury claim.

Speak to one of our accident at work solicitors today for free, no-obligation advice on starting the claims process. True Solicitors will handle your claim on a No Win, No Fee basis.

Call us on 0344 854 7000 or submit an online enquiry below and we will call you back at a suitable time to discuss your case.