Sick Pay Entitlements Following An Accident At Work *
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 that we get asked from clients is whether they are 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) to cover social welfare entitlements such as illness benefit, which an employee can claim from social welfare if they are out of work due to an injury, it is for this reason why, under Irish Law, there is no obligation for an employer to pay an employee while they are 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, but 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 are out of work due to an injury, you should check the terms of your contract of employment which 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, as if you bring a claim for personal injuries * and that claim is successful, you may be required to pay back the sick pay you received while out of work 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 anxious 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 on sick leave 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 you missed 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 and 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, and once certified to return to work, an employee should do so to avoid incurring any further loss of earnings which may not be recoverable.
Sick Pay Entitlement Advice following an accident at work *
If you have had an accident at work suffered an injury and 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