By Stephen Bishop. Last Updated 26th September 2024. If you’ve been injured in the likes of a road traffic accident, you may have asked yourself the question “how long should I be off work for whiplash?” The answer is that it would depend on the severity of the injury you sustained.
Our guide to whiplash claims provides information on how this type of injury can be debilitating. We cover the symptoms of whiplash and what treatments are typically provided. We explain the length of time it may take you to recover from a whiplash injury, and we go into how long you may have to be off work.
We also look at the time you should take off work in order to fully recover and provide an idea of how much personal injury compensation you may be awarded in a successful claim against a party deemed responsible.
We then explain how a solicitor could represent you without asking you to pay a retainer (upfront fee) or ongoing fees once it is established you have a strong case against a responsible party.
To find out more on how long you should be off work for whiplash, please continue reading our guide by clicking on the sections below. Alternatively, if you want to discuss your case with a member of our Legal Helpline team, please do so by telephoning us on 0333 000 0729.
Jump To A Section
- How Long Should I Be Off Work For Whiplash?
- Can I Claim For A Whiplash Injury That Stopped Me From Working?
- What Are The Whiplash Injury Regulations?
- The Steps To Making A Whiplash Claim
- No Win No Fee Whiplash Injury Claims
- Quick Links
How Long Should I Be Off Work For Whiplash?
If you have suffered a whiplash injury, then you may be asking, “How long should I be off work for whiplash?”. The NHS says that symptoms of a whiplash injury usually get better within 2 to 3 months. However, the exact answer to this question will depend on a few factors. These include what type of work you do; how severe your injury is, and what your doctor has recommended.
You may also be asking, “Can I get a sick note for whiplash?” and whether it’s even necessary to get one. It again depends on how severe your injury is and how much it affects your ability to carry out your work duties. You usually won’t need a sick note if you are off work for less than a week. However, if you need to be off work for more than a week, then you can usually get a sick note from your GP.
If you have suffered a whiplash injury that has caused you to take time off work, then you may be eligible to claim compensation if you were hurt because another party breached a duty of care they owed you. To learn more about whether you have valid grounds to claim, read on or contact our advisors for free today.
Can I Claim For A Whiplash Injury That Stopped Me From Working?
Having answered the question, “How long should I be off work for whiplash?” we’re now going to examine who could be eligible to make a whiplash injury claim. Whiplash, as per the NHS, is an injury to the neck caused by sudden head movement and it could be the result of road traffic accidents.
Road users have a duty of care to each other whereby they must do everything they reasonably can to avoid causing harm to one another. This means abiding by both the Road Traffic Act 1988 and the Highway Code.
In order to begin a road traffic accident claim for whiplash injuries, you will need to demonstrate the following:
- Another road user owed you a duty of care.
- That road user breached this duty by failing to uphold their legal obligations.
- This breach resulted in a road accident in which you suffered a whiplash injury.
Will I Receive Sick Pay For Any Time Off Work?
Something we often get asked is, “Can I get a sick note for whiplash?” You can get a sick note from your doctor if your injuries mean you need to be off work. You may also be eligible for Statutory Sick Pay (SSP). This is a legal entitlement payable up to 28 weeks by your employer if you cannot work.
Depending on your employment contract, you could also receive contractual sick pay from your employer, although companies are not legally obliged to provide this.
However, if your contractual sick pay or SSP is less than what you would normally be paid and you decide to make a personal injury claim, you can claim for your loss of earnings. For more guidance on claiming whiplash injury compensation, talk to our advisors today.
What Are The Whiplash Injury Regulations?
If you’re seeking whiplash compensation, how you claim compensation has changed in some instances. The Whiplash Injury Regulations 2021 mean that you would need to claim through an alternative method if:
- Your injury is worth £5,000 or less
- You are over eighteen and were either a driver or a passenger
- The injury occurred in either England or Wales
If your injury matches the above three criteria, you will need to claim using the method as detailed in the regulations. You would use an online portal to seek whiplash compensation as opposed to using the standard method.
However, you may be unsure how much your injury is worth. Our advisors can provide you with a second opinion regarding the potential value of your injury. This could help you understand the avenue you should take to seek compensation. To learn more, contact our team for free legal advice to see if you’re eligible to claim and to understand how much potential compensation you could receive.
The Steps To Making A Whiplash Claim
An important step in the whiplash claims process is collecting evidence. Evidence can help support your claim as it could prove who was liable for the accident and the injuries you suffered.
Some examples of evidence that you could collect to support your claim include:
- A copy of your medical records stating your injury and the treatment you required.
- Witness contact details so that they can provide a statement about the accident at a later date.
- Dashcam or CCTV footage of the accident.
- Photographs of the accident scene.
There may be other kinds of evidence that could help support your claim for whiplash. If you choose to work with a solicitor, they can evaluate all areas of your claim and help ensure that you have adequate evidence.
For more information on how to claim for whiplash or to see if you could be eligible to work with a solicitor on our panel, contact our advisors today.
No Win No Fee Whiplash Injury Claims
Once a solicitor has assessed your case and found that you have a valid and strong personal injury claim against a third party, you would be offered No Win No Fee terms.
No Win No Fee whiplash injury claims allow you to pursue your case for compensation without having to worry about the money it costs to have legal representation. This means your solicitor can begin their investigations without requesting that you pay them any fees to do so.
Your claim would be assessed during a no-obligation, initial consultation that is free of charge so you do not have to worry about paying for legal advice from the outset. No Win No Fee agreements are legal contracts drawn up between a solicitor and yourself that set out the Terms and Conditions of the agreement.
Included in this contract is the agreed percentage that you would pay if your case is successful, which is called a ‘success fee’. This would only be payable to your No Win No Fee lawyer when you receive whiplash injury compensation. It’s used to cover their costs in representing you.
Should your whiplash personal injury claim be unsuccessful, the ‘success fee’ would not be payable because of the No Win No Fee Agreement the solicitor signed, nor would you have to pay any of your lawyer’s fees.
To speak to one of our expert advisers about No Win No Fee claims, please get in touch today. You can do so in the following ways:
- Telephone on 0333 000 0729
- Email at [email protected]
- Complete our online claims form
- Use our online chatline, bottom right
Quick Links
The link below takes you to a guide on personal injury compensation and whiplash recovery time:
Personal injury compensation and whiplash recovery time
The link provided below takes you to a guide that explains the level of compensation you could be awarded in a successful whiplash injury claim:
Compensation for whiplash injuries
For more information on the symptoms associated with a whiplash injury, please follow the link provided below:
For more information on the treatment of a whiplash injury, please click on the link below:
More Helpful Guides
Thank you for reading our guide. We hope it’s answered the question, “how long should I be off work for whiplash?”
