WorkClaim UK Editorial · June 2026 · ~12 min read
Quick Summary
- Most injured at work UK workers do not get full pay. The legal minimum is Statutory Sick Pay of £123.25 per week
- Your employment contract may provide full pay or enhanced sick pay for a period, but this varies by employer
- Lost earnings from a workplace injury are claimable as special damages in a compensation claim, both past and future
- Many injured workers we speak to have accepted less compensation than they were owed because they did not know lost earnings could be recovered
- A solicitor can include every pound of lost income in your claim, separate from and in addition to sick pay
Do you get full pay if injured at work UK?
No, not automatically. There is no legal right to receive full pay when you are off work injured. The legal minimum your employer must pay is Statutory Sick Pay (SSP), which is significantly less than most workers' normal wages.
Whether you receive anything above SSP depends entirely on your employment contract. Some employers offer full pay for a period, others offer a percentage of normal pay, and some pay SSP only. Checking your contract or staff handbook is the first step.
These pay rights are separate from your right to claim compensation. Both exist alongside each other. Sick pay covers your income while you are off. A compensation claim can recover everything that sick pay does not.
What is Statutory Sick Pay and how much is it?
Statutory Sick Pay is the legal minimum your employer must pay when you are too ill or injured to work. The current rate is £123.25 per week, paid by your employer in the same way as your normal wages, with tax and National Insurance deducted.
SSP is paid for up to 28 weeks. It does not start from the first day of absence. The first three days off work (known as waiting days) are unpaid unless your contract provides otherwise. From the fourth qualifying day onwards, SSP is payable.
To qualify, you must be classed as an employee, have done some work for your employer, and have been off for at least one full working day. Agency workers may also be entitled to SSP in some circumstances.
Does your employer have to pay more than SSP?
No, unless your employment contract says so. SSP is the statutory floor. Your employer cannot pay you less than SSP, but they are not legally required to pay more.
Many employers offer enhanced or contractual sick pay above SSP. This is sometimes referred to as occupational sick pay or company sick pay. It may be full pay for a set period (often four to thirteen weeks), followed by half pay, followed by SSP only. The exact terms depend on your contract, your length of service, and your employer's policy.
If you are unsure what you are entitled to, check your written statement of particulars, your staff handbook, or ask your employer in writing. If your employer is paying you less than your contract provides, you may have a breach of contract claim alongside your personal injury claim.
What happens after 28 weeks of Statutory Sick Pay?
After 28 weeks, SSP ends. At that point your employer's obligation to pay you SSP stops, and you may become eligible for other state support such as Universal Credit or Employment and Support Allowance, depending on your circumstances.
This is also the point where the gap between what you have received and what you have lost can become very significant. A serious injury that keeps you off work for months can mean tens of thousands of pounds in lost earnings that sick pay has not come close to covering.
This is exactly where a workplace injury claim becomes critical. Lost earnings (everything your sick pay did not replace) are recoverable as special damages if your employer's negligence caused the injury.
Can you claim lost earnings as part of a compensation claim?
Yes. Lost earnings are one of the most significant elements of an accident at work claim, and they are separate from sick pay entirely.
Special damages in a workplace injury claim cover every measurable financial loss caused by the accident. Lost earnings fall into two categories. Past lost earnings are the net wages you have already lost from the date of your injury to the date of settlement or trial. Future lost earnings cover any reduction in your earning capacity going forward if your injury affects your ability to work long term.
A solicitor calculates this by obtaining payslips, bank statements, and employer records to document what you were earning before the injury, and what you have received since. The difference is the loss. In serious cases, a forensic accountant may be instructed to calculate projected future earnings and pension impact.
Most claims are funded on a our funding guide basis, meaning no upfront cost and nothing to pay if the claim does not succeed.
Why do so many injured at work UK workers leave money on the table?
In our experience, one of the most common reasons injured workers receive less compensation than they are entitled to is that they did not know lost earnings could be recovered.
Many people assume that because their employer paid them SSP, or even full pay for a period, there is nothing to claim for. This misunderstanding costs injured workers significant sums. Sick pay and compensation are entirely separate. Your employer's sick pay scheme does not reduce your right to claim, and it does not count as compensation.
We also see workers who accepted early settlement offers without a solicitor's advice. Insurers sometimes make direct offers shortly after an accident. These offers often exclude future lost earnings, long-term care costs, and other losses the claimant did not know they could include. Once a settlement is signed, you generally cannot return for more.
Getting a free assessment before accepting anything is the single most effective step you can take to ensure you claim the full value of what you have lost.
What counts as lost earnings in a workplace injury claim
Lost earnings are broader than most people expect. A solicitor will work through every category of financial loss with you.
Past lost earnings cover the net difference between what you would have earned from the accident to settlement and what you actually received (including sick pay). If you were paid SSP of £123.25 per week against a normal weekly wage of £500, the recoverable loss for that period is £376.75 per week.
Future lost earnings apply if your injury has reduced your earning capacity going forward. This includes inability to return to the same role, reduction to part-time work, inability to take on overtime or promotion, or permanent withdrawal from the workforce.
Pension loss is often overlooked. If contributions were reduced or stopped during your absence, the shortfall in your pension pot is a claimable loss.
Career progression loss can also be claimed if a serious injury has prevented you from reaching a position and salary level you would otherwise have achieved.
Frequently asked questions
Does receiving sick pay affect my right to make a compensation claim?
No. Sick pay and compensation are entirely separate. Your employer paying you SSP or contractual sick pay during your absence does not reduce your right to claim, and does not count toward any compensation settlement. You can pursue both simultaneously.
What if my employer paid me full pay while I was off? Can I still claim?
Yes. Even if your employer paid you full pay during your absence, you may still have a valid compensation claim. The claim covers all your losses, not just lost wages. General damages for pain, suffering, and loss of amenity are payable regardless of whether your earnings were maintained. And if your injury has any ongoing impact on your ability to work, future earnings losses are claimable.
Can I claim for lost earnings if I am self-employed?
Yes, though it works differently. Self-employed claimants provide accounts, tax returns, and business records to demonstrate their average income before the injury and the income they lost during the recovery period. A forensic accountant may be needed in complex cases.
What if I was not earning at the time of the accident?
You may still have a valid claim for general damages (pain and suffering) even if you had no earnings to lose. If your injury has any impact on your future ability to earn, that loss is also claimable. A solicitor can advise on how your specific situation would be valued.
How does a solicitor calculate my lost earnings?
Your solicitor gathers payslips, bank statements, your employer's records, and any documentation of benefits received. They calculate the net loss: what you would have earned minus what you actually received. For future losses, they may instruct an employment expert or forensic accountant to produce a report. The completed schedule is submitted to the employer's insurer as part of the claim.
Start with a free assessment
If you have been injured at work and are unsure whether you are claiming everything you are entitled to, a specialist solicitor can review your full financial losses at no cost and no obligation.
Or call 01228 272395 to speak to Edward & Amaury Solicitors (SRA number: 800525).
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