Dealing with an injury or illness is stressful enough without the added worry of financial instability. If you find yourself unable to work due to an accident or health issue, understanding your entitlements is the first step toward securing your peace of mind.
Navigating the rules around sick pay and workplace compensation can often feel overwhelming. Whether you have been injured on the job or are facing a personal illness, knowing your rights is crucial. This guide breaks down the complexities of sick pay entitlements in Ireland, helping you make informed decisions so you can focus on what matters most: your recovery.
Your Rights During Sick Leave
When you are on sick leave, you remain an employee. This means your fundamental employment rights are protected throughout your recovery period. You are considered to be in employment, ensuring that your contract terms—unless specifically related to pay—remain intact.
One common question we hear is about public holidays. If you are a full-time employee on sick leave during a public holiday, you generally have two options:
- You may receive sick pay or Illness Benefit for that day.
- Your employer might treat the day as a normal paid day off, meaning it doesn’t count as a sick leave day.
For part-time workers, you are entitled to time off for the public holiday if you have worked at least 40 hours in the previous five weeks. However, there are exceptions if you have been off work for an extended period (more than 26 weeks for ordinary illness or 52 weeks for an occupational accident).
What About Annual Leave?
It is a common misconception that you lose annual leave when you are sick. In reality, if you fall ill during your scheduled holidays and provide a medical certificate, those days are not counted as annual leave. instead, they are treated as sick leave.
Furthermore, you continue to build up (accrue) annual leave while you are out sick, provided you have a medical certificate. If you cannot take your holidays due to long-term illness, you can carry them over for up to 15 months after the leave year ends.
The Statutory Sick Pay (SSP) Scheme
Significant changes were introduced in 2024 regarding statutory sick pay in Ireland. As of 1 January 2024, the entitlement increased from three days to five days per calendar year.
Here is what you need to know about the current scheme:
- Coverage: You are entitled to up to five days of sick pay in 2024. This is set to increase to 7 days in 2025 and 10 days in 2026.
- Payment Rate: You are entitled to 70% of your normal daily pay, capped at a maximum of €110 per day.
- Eligibility: To qualify, you must have worked for your employer for at least 13 continuous weeks and provide a GP certificate stating you are unable to work.
If your employer already has a sick pay scheme in place, you will generally operate under that scheme, provided its terms are more favourable than the statutory minimums.
Occupational Injuries Benefit Scheme
If your injury or illness is a direct result of your work, you may be entitled to support under the Occupational Injuries Benefit Scheme. This is a vital safety net funded by PRSI contributions.
This scheme includes:
- Injury Benefit: A weekly payment if you are unfit for work due to an accident at work or an occupational disease.
- Disablement Benefit: Compensation if you suffer a loss of physical or mental faculty due to a workplace accident.
- Medical Care: Coverage for certain medical costs related to the injury.
To qualify for Injury Benefit, you must be unable to work for more than three days (excluding Sundays and paid holidays). This benefit specifically recognises the difference between a general illness and an injury sustained in the line of duty.
Claiming Loss of Earnings After a Workplace Accident
If you have been injured at work due to negligence, you may be considering a compensation claim. A key component of these claims is “loss of earnings”—money you would have earned had the accident not happened.
If your employer does not provide full pay during your absence, you can include this financial loss in your claim. To do this effectively, you must:
- Certify the Loss: Your employer will need to provide documentation confirming your lost income.
- Organise Medical Records: Submit all relevant medical certificates to your solicitor.
- Return to Work When Able: It is important to return to work once you are medically certified to do so to mitigate further loss.
Note: If you receive sick pay from your employer and later win a compensation claim for loss of earnings, you may be required to repay the sick pay amount to your employer.
Steps to Take Immediately After an Accident
If you are involved in an accident at work, taking the right steps immediately can protect both your health and your future entitlements.
- Report It: Notify your employer immediately and ensure the incident is recorded in the accident book.
- Seek Medical Help: Your health is the priority. Visit a doctor to assess and document your injuries.
- Check Your Contract: Review your employment agreement to see if you have contractual sick pay entitlements.
- Apply for Benefits: If you aren’t receiving full pay, apply for Illness Benefit or Injury Benefit through the Department of Social Protection.
- Get Legal Advice: Speak to a solicitor who specialises in personal injury to understand if you have a valid claim for compensation.
The Critical Illness Protocol (CIP)
For those facing serious injury or critical illness, the Critical Illness Protocol (CIP) offers extended support. Eligible employees who meet specific medical criteria can receive up to 365 days of paid leave within a rolling four-year period. This extended timeframe is designed to remove financial pressure, allowing you to focus entirely on a safe and successful return to health.
Moving Forward
Dealing with forms, medical certificates, and legal rules while recovering from an injury is never easy. However, these protections exist to support you. By understanding your entitlements—from Statutory Sick Pay to the Occupational Injuries Benefit Scheme—you can ensure you aren’t left financially vulnerable due to an accident that wasn’t your fault.
If you are unsure about your position or need help claiming for a workplace accident, professional advice can make all the difference in securing the support you deserve.
This article is written by Sean Fitzgerald, an experienced solicitor dedicated to providing expert guidance and compassionate support to individuals navigating workplace injury claims.
