0800 652 0586
If a Workplace Accident Has Left You on Sick Pay, Can You Recover Your Full Lost Earnings?
Workplace accident pay claims — what you need to know:
- Most injured workers receive only Statutory Sick Pay — not their full wage — while off work.
- SSP pays £123.25 per week in 2026/27, far below the average UK wage.
- Carter and Carter Solicitors charges 10% on claims settled without court proceedings.
- A compensation claim for lost earnings must be started within three years of the accident.
- Key evidence: payslips, employment contract, fit notes, and the accident book record.
Key Facts: Pay Rights After a Workplace Accident
SSP Rate 2026/27
£123.25 per week. Paid by the employer. Not the government. This is the statutory minimum.
GOV.UK (6 April 2026)
Maximum SSP Duration
Up to 28 weeks. SSP is now payable from the first day of sickness absence. The previous three waiting days were abolished on 6 April 2026.
Employment Rights Act 2025
SSP Eligibility
Available to all employees from the first day of work. No minimum earnings threshold from 6 April 2026. Self-employed do not qualify.
GOV.UK (2026/27)
Right to Compensation
Where employer negligence caused the injury, the worker already has the legal right to claim.
Health and Safety at Work etc. Act 1974
Time Limit to Claim
Three years from the date of the accident. Miss the deadline and the right to claim is lost.
Limitation Act 1980
Scale of the Problem
604,000 workers suffered non-fatal injuries at work in Great Britain in 2023/24.
HSE, 2024
We Act for Clients Across England and Wales
Based in Whaley Bridge on the edge of the Peak District, Carter & Carter handles workplace accident claims for clients across England and Wales. Every claim is managed remotely by phone, email, and post. You do not need to visit the office. Call 0800 652 0586 to speak directly with Chris or David.
HSE, 2024
GOV.UK
Limitation Act 1980
My Employer Caused This — So Why Am I the One Stuck on £123 a Week?
The pay slip arrives and the number is wrong. Not your wage. Something far smaller — while the mortgage still goes out, the bills still arrive, and the injury that stopped you working was caused by your employer’s failure to keep the workplace safe.
Under the Health and Safety at Work etc. Act 1974, every employer carries a legal duty to maintain safe conditions. Where that duty is breached and someone is injured, the injured worker has the legal right to compensation. And that compensation does not come from the same place as your SSP. It never did.
Pocket 1: SSP
Paid by your employer from their own funds. Required by law under the Social Security Contributions and Benefits Act 1992. The statutory floor — £123.25/week.
Not generosity. A legal minimum.
Pocket 2: Compensation
Paid by your employer’s Employers’ Liability insurer — a separate fund they are legally required to hold under the Employers’ Liability (Compulsory Insurance) Act 1969.
A completely different source. Claimable simultaneously.
“SSP is the floor. Compensation is the mechanism that closes the gap. They come from two different pockets — and you can reach into both.”
Is SSP Really the Only Money I’m Entitled To? (It Isn’t)
Three distinct financial routes exist for an injured worker. They are not mutually exclusive. Most people know about one of them.
Route 1
Statutory Sick Pay
£123.25/week. Paid by your employer for up to 28 weeks. Payable from the first day of sickness absence under the Employment Rights Act 2025.
The floor — not the ceiling.
Route 2
Compensation Claim
A personal injury claim against the employer’s insurer that recovers the full difference between SSP and your normal net weekly wage — plus all other losses the injury caused.
Closes the gap completely.
Route 3 — Often Overlooked
Industrial Injuries Disablement Benefit
A weekly, tax-free, no-fault benefit from the DWP for employed workers whose workplace accident results in assessed disablement of 14%+. Not just for diseases. Accidents qualify. Claimable alongside SSP and your compensation.
Three sources. Not two.
Also check your employment contract. Some contracts provide contractual sick pay above SSP — full pay or partial pay for a set period. This is the first practical step and takes five minutes to confirm.
Find Out If You Have a Claim — Free Assessment, No Obligation
✓
No Win No Fee
10% fee published upfront
✓
David Takes the Call
Senior Solicitor — no handlers
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Fees Published First
No surprises at the end
Call David Healey directly — he assesses your claim personally, free of charge.
I’ve Been Off Work for Weeks. What Do I Actually Need to Make a Claim?
Two evidence trails. Most of it is gathered by the solicitor. The first step requires nothing more than a phone call.
🗂️ The Accident Trail
What establishes the incident
- Accident book entry (required under RIDDOR 2013)
- Photographs of the hazard or scene
- Witness names and contact details
- Any HSE notification (if RIDDOR-reportable)
- Correspondence with the employer about the accident
💰 The Financial Trail
What establishes the loss
- Last 3 months’ payslips (baseline net wage)
- Employment contract — sick pay clause
- Fit notes from GP, physio, OT, or nurse
- Treatment receipts and prescription costs
- Record of all time off work
Important: Your Job Is Protected
The Employment Rights Act 1996 makes it automatically unfair to dismiss or disadvantage a worker for bringing a health and safety related claim. This protection applies from day one of employment — no qualifying period required.
The four steps — in order:
Report
Get the accident into the accident book today.
Obtain
Get a fit note from your GP for 7+ days off work.
Gather
Locate 3 months of payslips and your contract’s sick pay terms.
Can I Get Back Every Pound I’ve Lost — Not Just the SSP I’ve Been Paid?
A successful personal injury claim recovers the financial position the injury destroyed. Every recoverable head of loss is identified and claimed. Here is what that looks like in practice.
Illustrative Example — Lost Earnings Recovery
How the weekly shortfall is calculated and recovered
£450
Typical net weekly wage before accident
£123.25
SSP received per week during absence
£326.75
Weekly shortfall — recoverable through a successful claim
Over 12 weeks of absence: £3,921 in lost earnings alone — recoverable in full. Over 26 weeks: £8,495.50. Calculations use actual payslip figures, not estimates.
Special Damages
The financial losses caused by the injury — calculated from actual figures and receipts:
- Past lost earnings (SSP shortfall)
- Future lost earnings (where capacity is affected)
- Treatment and prescription costs
- Travel to medical appointments
- Care provided by a family member
General Damages
Compensation for the physical and psychological impact of the injury itself:
- Pain and suffering
- Loss of amenity (activities no longer possible)
- Psychological impact
- Assessed using the Judicial College Guidelines, 18th edition (April 2026)
Fee transparency: Carter and Carter Solicitors publishes its fee before any agreement is signed. 10% where the claim settles without court proceedings. 25% where proceedings are required. Full details at /why-work-with-us/. No hidden deductions. No surprises at the end.
What Actually Happens If I Pick Up the Phone?
The call is free. It commits you to nothing. David Healey, Senior Solicitor, qualified in 2005, takes the call personally — not a handler, not a paralegal, not a team that passes notes on. He assesses three things: whether the employer was negligent, what has been lost, and what evidence exists. He gives a straight answer. If the prospects are not there, he says so.
Step 1
Free Assessment
David Healey takes the call. Negligence, financial losses, and existing evidence reviewed. A straight answer given. No Win No Fee agreement offered at 10% where prospects are sound.
Step 2
Evidence Gathered
Accident book, payslips, fit notes, employment contract, and witness details collected. Where interim financial support is needed, an application to the insurer is considered.
Step 3
Letter of Claim Sent
Formal Letter of Claim sent to the employer’s Employers’ Liability insurer. Liability is investigated. An admission or dispute follows.
Step 4
Settlement Negotiated
David Healey negotiates for the full recovery of every recoverable loss — past earnings, future capacity, treatment costs, pain and suffering. One solicitor, start to finish.
Call David Healey — He Takes the Call Personally
Free assessment. No obligation. A straight answer about whether your claim has prospects.
Frequently Asked Questions
How much is Statutory Sick Pay in 2026/27?
Am I eligible for SSP if my accident at work was partly my fault?
Can my employer refuse to pay Statutory Sick Pay after a workplace injury?
What is Industrial Injuries Disablement Benefit and can I claim it after a work accident?
Will making a compensation claim affect my job?
What are the steps to claim compensation after an accident at work?
Do I have to come to your office in Derbyshire?
Workplace Accident Pay Claim Solicitors Serving Clients Across England and Wales
Carter & Carter’s head office is in Whaley Bridge, Derbyshire, on the edge of the Peak District. The firm handles workplace accident claims for clients across England and Wales. Every claim is managed remotely. You do not need to travel to the office.
Most personal injury claims in England and Wales are now issued centrally and online through His Majesty’s Courts and Tribunals Service (HMCTS). Where a case does proceed to a hearing, it is referred to an appropriate county court hearing centre. The process is the same for a client in London as it is for a client in Manchester — handled remotely throughout by Carter and Carter Solicitors.
Two senior solicitors. Chris Carter, qualified in 1993. David Healey, qualified in 2005. 54 years of combined personal injury experience. 33 years of doing four things properly, wherever you are based.
Carter & Carter Solicitors is a specialist personal injury practice serving clients across England and Wales from its head office in Whaley Bridge, Derbyshire. Founded in 2007, the firm handles four types of claim: workplace accidents, food allergy reactions, needlestick injuries, and slips and trips in public places. Chris Carter, Managing Solicitor, qualified in 1993 and brings 33 years of personal injury experience. David Healey, Senior Solicitor, qualified in 2005 and brings 21 years. The firm operates on a No Win No Fee basis with a published fee of 10% when claims settle without issuing court proceedings. Carter & Carter holds 250 verified five-star Google reviews and is registered with the Solicitors Regulation Authority.
YOUR CLAIM, OUR PRIORITY
Meet Your Solicitor
David Healey
Senior Solicitor, qualified 2005
David Healey has worked in the legal profession since 1999 and qualified as a solicitor in 2005. He specialises in personal injury claims across England and Wales, with particular expertise in workplace accident claims and the recovery of financial losses — lost earnings, treatment costs, and every other head of damage the injury has caused. He knows where the employer’s insurers push back, and he knows how to push back harder.
He handles every claim personally from first instruction to final settlement. No handoffs. No case handlers. His direct number and email are given from day one.
Direct access from day one. No handoffs. No case handlers.
Meet the Author
David Healey — Senior Solicitor
David Healey has worked in the legal profession since 1999 and qualified as a solicitor in 2005. He specialises in personal injury law and handles workplace accident claims for clients across England and Wales. He takes every call personally, assesses every claim himself, and manages every file from instruction to settlement. To learn more, visit candcsolicitors.co.uk/about-us/ or call David on 0800 652 0586.
Last updated: April 2026
“After being told I had no chance of my claim being successful by another firm of solicitors. I got in touch with Carter and Carter and had David Healey put in charge of my case. A year later my claim was settled in full. David Healey was in constant contact during the claim and can […]
James Bailey ⭐⭐⭐⭐⭐











