Can I make a work accident claim if I didn’t take any time off?

Updated: 16 Oct, 2025
By Chris Salmon

You can still make a work injury compensation claim even if you did not take any time off work. Time off is not a requirement for making a claim, and returning to work quickly does not undermine the validity of your case.

Why the confusion?

Many people assume that without time off, there is no loss to claim for. In fact, compensation is made up of two separate parts, and only one of these relates to loss of earnings.

The two types of compensation

  • General damages – for the pain, suffering and impact on your quality of life caused by your injury. This applies whether or not you lost income.
  • Special damages – for financial losses linked to your injury, such as private medical treatment, rehabilitation, prescription costs, travel expenses, or property damage. Special damages also include lost earnings, but if you did not miss work, this element simply does not apply.
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Should I take time off work?

Whether you return to work should depend on medical advice and your own recovery. You should consider:

  • If your injury prevents you from safely performing your role
  • Whether returning could make your condition worse
  • Your doctor’s recommendations

For example, a knee injury might stop you working on a building site but not in an office. If you ignore medical advice and return too soon, you may limit your ability to claim further compensation if your condition deteriorates.

Does taking time off affect my claim?

No. The law requires claimants to mitigate their losses. This means you should not take more time off than is medically necessary. Taking unnecessary time off will not increase your compensation and may even weaken part of your claim. The amount you receive will always be based on medical evidence, not simply on time off work.

You can still claim if you kept working. See a doctor, keep photos and a diary of how the injury affects you. You should still be able to claim for pain, suffering and loss of amenity, as well as special damages to cover your costs.

John Kushnick

Legal Operations Director
National Accident Law

What if I received full pay while off?

If your employer paid you during your absence, you cannot claim for lost wages for that period. You can still claim for pain, suffering, and other financial losses.

What to do if you take time off

If you do need time away from work, you should:

  • Follow your employer’s sickness and absence reporting procedures
  • Obtain a fit note from your GP if required (usually after 7 days)
  • Confirm in writing that your absence is due to your work injury
  • Keep a record of all absence dates, GP notes, and communications with your employer

These records will support your claim and show that your time off was directly linked to the injury.

Key takeaway

You do not need to take time off work to make a successful work injury claim. Whether you return immediately or need weeks of recovery, your entitlement to compensation depends on your employer’s duty of care, the medical evidence, and the impact the injury has had on your life.

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About the author

Chris Salmon is a legal commentator and co-founder of Quittance Legal Services. He has written extensively about workplace accidents, employment rights and the claims process. Chris's work has been cited in national media and he regularly contributes practical guidance to help injured workers understand their options.

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Last reviewed October 2025 by Chris Salmon