If you’re too ill or injured to work, the last thing you need to be worrying about is money. This is where Statutory Sick Pay (SSP) can help.

SSP is a form of benefit that UK workers are entitled to claim from their employer if they’re too ill or injured to work. The current rate of statutory sick pay is £116.75 per week for up to 28 weeks. If you’re unable to work due to illness, it’s important to understand statutory sick pay and what it means for your situation. Here we’ll look at it in detail and explain whether it affects compensation if you’re making a personal injury claim.

What is Statutory Sick Pay and how does it work?

Statutory Sick Pay is a UK benefit that’s paid to qualifying workers who are too ill or injured to work. The benefit is paid by the worker’s employer. It will likely be less than your monthly salary, but it provides some income to help you cover necessary expenses.

Statutory Sick Pay at a glance: 

  • SSP is currently paid at £116.75 per week.
  • You can claim SSP for up to 28 weeks.
  • SSP is paid by your employer.
  • You’ll receive it in the normal way your employer pays you.
  • You’ll be paid SSP for all the days you’d normally have worked (except for the first three days you’re off work).
  • SSP does count as taxable income, so income tax and National Insurance will be deducted from it.
  • To be entitled to SSP, you’ll have to provide proof of sickness. Most often, this will be a note from your doctor.  
  • If you work for more than one employer, you may receive SSP from each of them

Who qualifies for SSP?

There are key qualification criteria for SSP, including: 

  • Being an employee. To be able to claim SSP you must work for your employer under a standard, fixed-term, or zero-hours contract. You’ll also be entitled to claim SSP if you’re an agency worker. SSP is not available to freelance and other self-employed individuals.
  • Earning a minimum of £123 per week on average: You won’t be able to claim if you earn under this amount. 
  • Being off work for more than three days in a row. 
  • Not receiving Statutory Maternity Pay. 

Common reasons for being ineligible for SSP

Most employees in the UK can claim SSP in line with the government guidelines, but not everyone can. The most common reasons for not being entitled to SSP are:

  • You work as a self-employed individual, such as a freelancer.
  • You’ve not earned above the minimum threshold of an average of £123 per week.
  • You’re an agricultural worker. You can claim Agricultural Sick Pay (ASP) instead.
  • You’re receiving other benefits that disqualify you from SSP, like maternity allowance.

What to do if SSP isn’t enough to cover your bills

SSP can be a great help when you’re not fit enough to work, but receiving £116.75 per week may be less than you usually earn. It may not adequately cover all your daily living expenses, especially if you have dependents counting on you.

If you’re finding it hard to make ends meet on Statutory Sick Pay, you may be entitled to claim other benefits alongside it, like Universal Credit, Employment and Support Allowance (ESA), or a Council Tax Reduction.

If you can’t work because you’ve become ill by something that happened at work or because you’ve been injured by a workplace accident, and someone else was at fault (even partially at fault), you may also be able to make a personal injury claim for compensation to cover your financial and other losses.

How SSP and personal injury compensation work together

It’s a common worry that if you receive SSP when off from work due to an illness caused by your job, or a workplace accident, it will stop you from claiming compensation.

However, you don’t need to worry. SSP and compensation are two separate matters. So, just because you’re receiving SSP, it doesn’t mean you can’t claim the compensation you deserve. Personal injury compensation while on SSP is perfectly valid.

In many circumstances, you’ll be entitled to both SSP and compensation. Statutory Sick Pay is a basic employee right that provides some level of income replacement when you’re off work. Compensation accounts for lost wages, medical expenses, and the wider impact of an injury or illness caused by someone else’s negligence. SSP and workplace injury claims are separate and won’t cancel each other out.

What should you do if your employer refuses to pay SSP?

While Statutory Sick Pay is a legal right for eligible employees, some employers may refuse to pay it. If this happens to you, do the following: 

Ask for a written explanation from your employer

The first step is to ask your employer to provide you with a written explanation of why they’re refusing you SSP. Ask them to use an SPP1 form to do so. They have seven days from the beginning of your absence to do this. 

Contact HMRC’s Statutory Payment Dispute Team

If your employer won’t give you a written statement, or fails to respond, you should contact HMRC’s Statutory Payment Dispute Team. A member of the team will contact your employer to discuss your situation.

Contact a legal advisor

If you think your employer is wrongfully denying you SSP, as well as contacting the HMRC’s Statutory Payment Dispute Team, you can get in touch with a legal advisor, like Express Solicitors. We can help you effectively challenge an SSP refusal. We can also discuss making a compensation claim too, if applicable.  

Additional financial support if you’re not eligible for SSP

If you don’t qualify for SSP, you have other options. There are a range of other benefits for employees injured at work and other types of financial support you can apply for, like:

There are a variety of other benefits you can consider, including Personal Independence Payment (PIP), Attendance Allowance, or Industrial Injuries Disablement Benefit, depending on the details of your situation.

How can Express Solicitors support you?

Being injured or ill enough that you can’t work can be difficult, and can be especially stressful if you’re put under financial pressure. 

Statutory Sick Pay (SSP) can help you get some degree of financial support. If you’re off work due to an illness or injury that happened in the workplace and that wasn’t your fault, you might also be able to make a compensation claim alongside your Statutory Sick Pay.

At Express Solicitors, we can help support you and make sure your rights are fully protected. Call us today on 0161 768 8757 or fill in a contact form to find out more.