Sick pay rules changed on 6 April 2026. Here is what you are entitled to after an accident at work, and how it fits with a compensation claim.
An accident at work is rarely just an injury. Within a day or two, most people are asking a far more practical question: what happens to my pay?
The rules changed last April, and they changed in favour of injured workers. In this article, our Personal Injury team explains where you stand on sick pay, on full pay, and on recovering the earnings you have actually lost.
What Changed on 6 April 2026
Statutory Sick Pay was reformed by the Employment Rights Act 2025, brought into force on 6 April 2026. Three things are different.
- SSP is payable from the first day of sickness absence. The three waiting days have been abolished.
- The lower earnings limit has been removed. You no longer need to earn a minimum amount each week to qualify.
- SSP is now paid at whichever is lower, 80 per cent of your average weekly earnings or the flat weekly rate, which is GBP 123.25 from 6 April 2026.
If your absence began before 6 April 2026 and continued past it, transitional protection may apply so that your pay is not reduced by the change. If you are in that position, ask your employer to confirm in writing which rate they are applying and why.
Statutory Sick Pay: The Basics
- SSP is paid by your employer, through payroll, with tax and National Insurance deducted in the usual way.
- It is paid for the days you would normally have worked. These are called qualifying days.
- You must tell your employer you are sick within their deadline, or within seven days if they have not set one.
- SSP is payable for up to 28 weeks in total. Separate periods of sickness within 56 days of each other are usually linked and count towards that total.
- Your employer cannot dismiss you simply to avoid paying it.
Do I Get Full Pay If I Am Injured at Work?
Not automatically, and this is where a lot of confusion sits.
Contractual Sick Pay
There is no general legal right to your normal wages while you are off sick, even where the accident was your employer’s fault. What you receive depends on your contract of employment and your employer’s sick pay policy.
Many employers offer a contractual scheme that pays full pay for a defined period, then half pay, before dropping back to SSP. Some pay nothing beyond the statutory minimum. Check your contract and your staff handbook. If your employer exercises discretion in your favour, ask for it in writing.
Where the Accident Was Not Your Fault
Sick pay and compensation are two different things. Sick pay is what your employer owes you under statute and contract while you are off. Compensation is what you may be owed because someone was negligent.
Under the Health and Safety at Work etc. Act 1974 your employer must take reasonable steps to keep you safe. If your employer was negligent, or otherwise legally at fault, and you were injured as a result, you may be able to bring a claim. Most UK employers are required to hold employers’ liability insurance precisely so that these claims can be met. Although the claim itself is made against your employer, in practice their insurer will usually deal with it on their behalf, so compensation does not generally come out of your employer’s pocket.
Loss of Earnings in a Personal Injury Claim
A successful claim can compensate you for two things. General damages cover the pain, suffering and loss of amenity caused by the injury. Special damages cover your financial losses, and this is where your wages come in.
- The difference between what you were paid while off work and what you would have earned.
- Lost overtime, bonuses, commission and pension contributions.
- Future loss of earnings, where the injury affects what you can do for a living.
- Travel to medical appointments, prescription charges, private treatment and care provided by family.
Keep your payslips, your bank statements and every receipt. Certain recoverable benefits paid because of your injury may be taken into account through the Compensation Recovery Unit process, so it is important that your solicitor knows what you have received.
Our compensation calculator will give you an idea of what a claim might be worth, and the claims process page explains what happens once you instruct us.
What About Benefits?
Depending on your circumstances you may also be entitled to Universal Credit, Employment and Support Allowance, or Industrial Injuries Disablement Benefit where the injury has left you with a lasting disability, although entitlement is not automatic and will depend on your circumstances and the assessed degree of disablement. These are separate from SSP and separate from any claim, and they do not prevent you from bringing one.
What to Do Now
- Report the accident and make sure it is written in the accident book and ask for a copy.
- See a doctor, even if the injury seems minor. The medical record is the evidence.
- Read your contract and handbook so you know what sick pay you are entitled to.
- Keep every payslip from the date of the accident onwards.
- Take advice early. In England and Wales, court proceedings will normally need to be stated within three years of the accident, subject to exceptions, but evidence disappears long before that.
You can read more about your wider entitlements in our article on your rights after an accident at work, and if your injury involved workplace machinery, our piece on forklift accidents may be relevant.
Speak to Our Personal Injury Team
Over 50 years standing up for workers across Blackpool and the Fylde Coast has taught us that the money worries often weigh heavier than the injury itself. You should not have to choose between your recovery and your rent.
We handle accident at work claims on a no win, no fee basis, subject to terms, so there is no financial risk in finding out where you stand.
To speak to a personal injury solicitor, please call us on 01253 362 500.
You can check the current statutory sick pay rules at any time on the Acas website or on GOV.UK.
Disclaimer: the content of this blog is for general awareness and insight. It is not legal or professional advice and readers should not act upon the information provided. Please seek professional advice based on your own particular circumstances. The law may have changed since this article was published.
FAQs
Do I get sick pay from the first day I am off?
Yes. Since 6 April 2026, Statutory Sick Pay is payable from the first qualifying day of absence.
Will I be paid my normal wages?
Only if your contract provides for it. SSP is the statutory minimum and is the lower of 80 per cent of your average weekly earnings or GBP 123.25 a week.
Can I claim back the wages I lost?
If your employer was at fault, lost earnings can be recovered as part of a personal injury claim, including lost overtime and pension contributions.
Can I be sacked for making a claim?
Bringing a genuine personal injury claim does not, of itself, give your employer a lawful reason to dismiss you, although the position will depend on the circumstances. Dismissing an employee for bringing a claim, or to avoid paying SSP, may give rise to a separate claim against your employer.
