Do you get full pay if injured at work in the UK?
Last updated · 22 May 2026
Do you get full pay when injured at work?
No. There is no statutory right to receive your normal full pay when you are off work injured at work. The legal minimum your employer must pay is Statutory Sick Pay (SSP), which is a flat weekly rate set by the government. As of April 2026, that rate is £123.25 per week.
Some employers choose to pay more. A contract of employment or staff handbook may include a clause providing occupational sick pay at your full or partial salary for a defined period, for example six weeks at full pay followed by six weeks at half pay. If your employer offers this, they must apply it to all qualifying employees including those absent due to a workplace injury.
If your contract says nothing about sick pay beyond the statutory minimum, you are entitled to SSP and no more from your employer during your absence. However, any shortfall between your SSP and your normal earnings during the period you are off work is a quantifiable financial loss. If your employer's negligence caused the injury, that lost income is recoverable as a special damages head in a compensation claim.
Statutory Sick Pay eligibility and rate
Statutory Sick Pay is a government-mandated payment that employers must make to qualifying employees who are unable to work due to illness or injury. To qualify, you must:
- Be classed as an employee (not genuinely self-employed)
- Have earned at least the lower earnings limit (£123 per week in 2026) on average over the eight weeks before your absence
- Have been off work for at least four consecutive days including non-working days
Agency workers may qualify for SSP depending on the terms of their engagement. Zero-hours workers qualify if they meet the earnings test across the relevant period.
SSP is payable at £123.25 per week for up to 28 weeks. It is paid by your employer, not by the government, though very small employers can sometimes recover a portion from HMRC under legacy arrangements. SSP is taxable and subject to National Insurance in the same way as normal wages.
The waiting days rule and when SSP begins
SSP does not begin on the first day you are off. The first three calendar days of absence are called waiting days. SSP is payable from the fourth day of consecutive absence. This means a worker off from Monday to Friday would receive no SSP for Monday to Wednesday and would begin receiving it from Thursday.
Your employment contract may improve on this. Many collective agreements and employer sick pay schemes pay from day one, removing the waiting period. Check your contract, the staff handbook, or ask your HR department whether a contractual entitlement exists that improves on SSP.
If you are off for fewer than four days, you will receive no SSP at all unless your contract provides otherwise. For most workplace injuries where the worker is absent for a week or more, SSP applies from day four onward.
What occupational sick pay might you receive if injured at work?
Your employer may offer occupational sick pay above the statutory rate if your contract provides for it. Common arrangements include:
- Full pay for the first four to six weeks of absence, then SSP
- Full pay for the first 13 weeks, half pay for the next 13, then SSP
- Full pay for up to one year (common in public sector contracts)
If your contract includes an occupational sick pay scheme, the employer must apply it equally to workers absent due to workplace injuries. Refusing to pay contractual sick pay to an injured worker who would otherwise qualify is a breach of contract.
Even if you receive full occupational sick pay for the first few weeks or months, you may still have a claim for lost earnings if your absence extends beyond the contractual sick pay period, or if you suffer a permanent reduction in your earnings capacity as a result of the injury. Future lost earnings are a separate head of special damages with no upper cap.
What happens when Statutory Sick Pay ends?
SSP ends after 28 weeks. At that point, your employer must provide form SSP1, which you will need to claim state benefits if you remain unable to work. The main benefits available are Universal Credit (which replaced Employment and Support Allowance for new claimants) and, in some circumstances, Personal Independence Payment if the injury has caused a lasting disability.
SSP and these benefits are separate from any civil compensation claim. Receiving SSP, Universal Credit, or any other state payment does not reduce the compensation you can recover and cannot be offset by your employer against any award.
Your employer cannot dismiss you solely because your SSP has run out or because you remain unfit for work following a workplace injury. Dismissal where the reason is connected to the injury, a safety concern, or a pending claim is automatically unfair under section 100 of the Employment Rights Act 1996, regardless of how long you have worked for the employer. For a full guide to this protection, see our dismissal protection guide.
Lost wages as special damages in a compensation claim
If your employer's negligence caused your injury, the difference between what you received while off work (SSP or occupational sick pay) and what you would have earned is recoverable in a civil compensation claim as past lost earnings. You do not have to choose between claiming sick pay and pursuing compensation: both run independently.
Special damages also cover future lost earnings where the injury has a lasting effect on your ability to work. A back injury that prevents you from returning to manual work, or hearing loss that affects your ability to do your job, both create future earnings losses that are assessed using actuarial evidence and a formal schedule of loss.
The success fee under a Conditional Fee Agreement is capped at 25% of your general damages and past financial losses only. Any award for future lost earnings and future care is never subject to the success fee. For a guide to how no-win-no-fee funding works in practice, see our no-win-no-fee guide.
Can your employer deduct sick pay from your compensation?
No. Your employer cannot offset SSP or contractual sick pay payments against any compensation you recover in a civil claim. The two are separate legal obligations. SSP is a statutory employment right. Compensation is civil redress for negligence. An employer who attempts to deduct sick pay from an agreed settlement without your consent and that of your solicitor is acting unlawfully.
Some insurers attempt to make early settlement offers that bundle sick pay payments into the figure. You should not accept any settlement offer without first taking legal advice. A settlement signed without advice may undervalue your claim and, once executed, is very difficult to reopen.
For a step-by-step guide to the civil claims process and when to expect any offer to be made, see our claims process guide.
This guide is for general information only and does not constitute legal advice. Every situation turns on its own facts. For advice about your specific case, speak to a regulated solicitor. You can find one through the Find a Solicitor service (Law Society) or through APIL.