An accident at work or any other kind of personal injury can be a very stressful time not only physically and emotionally but financially, where a person cannot return to work following an injury. A common question we get asked from clients is whether they’re entitled to sick pay following an accident at work*.
Am I entitled to sick pay while I’m out of work, following an accident at work?
Employers and employees alike pay Pay-Related Social Insurance (PRSI). This is to cover social welfare entitlements such as illness benefit. An employee can claim from social welfare if they are out of work due to an injury. Under Irish Law, there is no obligation for an employer to pay while out on sick leave.
Can an employer choose to pay sick pay while I am out to work with an injury?
An employer can choose to pay some or all of your wages while you are on sick leave. However, this payment is at their own discretion. If your employer does pay you sick pay, very often when the employer will require the injured employee to make a claim to the Department of Social Protection for a benefit – Illness/Disablement/Supplementary Welfare Allowance – and will then request for this payment to be paid over to them for as long as the employee is in receipt of the sick pay.
If you miss work due to a work-related injury, you should check the terms of your contract of employment. This might include sick pay provisions or may provide an occupational sick pay scheme.
Is my sick pay affected if I am making an accident at work claim *?
If you are making a claim for compensation for an accident at work you should be careful to check the terms of any sick pay scheme your employer is offering. If you bring a claim that is successful, you may be required to pay back the sick pay you received. This pay was for recovering from your injury from the compensation amount you receive.
If the injury you are suffering from is one which was caused by an accident at work *, claimants are usually concerned about making a claim against their employer in case their payment of wages ceases. It is also worth noting that just because an employer continues to pay an employee while out sick form work due to a work-related injury, that payment is not considered an admission of liability by the employer.
My employer does not pay sick leave, what should I do?
Regardless of whether the accident was at work or elsewhere, if you are not in receipt of pay while you are unable to work due to injury, all is not lost. If you are bringing a claim for compensation following an accident at work, you can include in your claim your loss of earnings. Your loss of earnings amounts to any payment that you lost out on. This loss was because you were unable to return to work because of the injury sustained in work.
Your employer will be required to certify your loss of earnings. In addition, all medical certificates should be submitted to your employer for their records. Copies of these medical certificates should also be given to your solicitor as part of your claim. If you are successful in your claim for injuries, you will then be compensated for the loss.
It is important to note however that you do have a duty to mitigate your loss. Once certified to return to work, an employee should do so to avoid incurring any further loss of earnings. This may not be recoverable.
How much is my claim worth?
Following an accident at work, the value of your claim will depend on factors such as:
The severity of your injury
The cause of your accident
Your medical bills
Your future medical care
Your lost earnings
Your future lost earnings
The Injuries Board Book of Quantum takes into account past personal injury cases * to help value a claim. For more information, check out our compensation claims estimator * to learn how to value your claim.
Sick Pay Entitlement Advice following an accident at work *
If you have had an accident at work * and think you might be eligible for accident at work * pay but are unsure where you stand, please feel free to call 01 649 9900 and get in touch with one of our personal injury solicitors and tell them about your case, or email firstname.lastname@example.org
We give legal advices in Russian. If you need legal help contact Emilia 087 165 1564
16/17 St. Andrew Street
T: 01 649 9900 – Reception
T: 087 165 1564 – Russian
*In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement
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