Sick Pay Entitlements

What is Statutory Sick Pay?

Statutory Sick Pay (SSP) is defined as money paid to an employee when sick or injured and unable to work. It can be referred to colloquially as injury benefit or sick pay which all equate to the same element.


Any sick leave entitlement will generally be met by an employer if such a system is in place.


Am I Entitled to Sick Pay Following An Injury at Work?

In Ireland, there is no legal obligation on the part of any employer to provide statutory sick pay. The law covering employee benefits does not force any employer to cover payments while sick or injured and unable to work and this is a very important factor to keep in mind.


In addition, self employed people do not generally have any sick leave pay or injury benefit. A social welfare sick pay is in place in the shape of an illness benefit based on PRSi contributions, but there are restrictions on this payment including time limits.


Will My Employer Provide Sick Pay?

Employers may cover statutory sick pay but this is entirely discretionary. Any prospective employee should verify this point as the details are found in the contract of employment.


Beyond that potential for SSP, there are exceptions to the general rule in terms of sick pay in Ireland. In the public sector, there is a pay scheme in place for civil servants and teachers which will pay a restricted sick leave entitlement up to a maximum of 183 days in any four year period.


Will Making A Claim for An Accident at Work Impact My Sick Pay?

Sick leave in Ireland is restricted thus, in instances where there has been an accident caused by an identifiable third party, the option of contacting an experienced personal injury solicitor is a wise one. Along with compensation for the nature and severity of the injury, it’s also possible to claim for additional expenses such as medical bills and loss of earnings. 


In cases where that accident has happened at work, it’s natural that the injured party may be wary in regards to claiming against their employer’s sick pay. Any claim for loss of earnings will not be paid twice so, if there is a statutory sick pay agreement in place, this is intended to cover payments and a separate claim will not cover them again. Claimants should discuss their employment policy in full with their appointed solicitor.


How Much Is My Claim Worth?

The exact amount of sick benefit that Ireland claimants can receive will depend on a number of factors. These include:


  • Nature and severity of the injury,
  • Part(s) of the body that are affected,
  • Medical bills,
  • Loss of earnings,
  • Costs for ongoing long term medical care if applicable.


To help out in this respect, there is an easy to use compensation claims calculator which can provide certain parameters covering all areas of the human body. This guide also provides a range of figures from actual personal injury claims and it can be used as a tool when calculating potential injury benefit.


It should be remembered that the guide is in place for pain and suffering only and it does not cover additional costs such as loss of earnings. All claims are dealt with on an individual basis so it’s advisable to get in touch with a personal injury solicitor who can advise further and provide a better indicator as to what your sick pay claim might be worth.


Why Choose McGinley Solicitors?

While the law governing social welfare sick pay in Ireland is very specific, the process of claiming compensation following an accident is a complex one. In these instances, it’s wise to contact a professional and friendly solicitor for advice and at McGinley Solicitors, we have over 30 years of experience in these types of claims.


We have three offices across Donegal and Dublin where we can meet face to face and to start an initial discussion. Call us on 1890 998 969 or complete a simple online form. 

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