Can I Get Signed Off Work After an Accident in Scotland? (2026)

If you've been injured in an accident in Scotland, you have the legal right to take time off work to recover. Your GP can issue a fit note (previously called a sick note) from the first day of your absence. Here's everything you need to know about your rights, your employer's obligations, and how to claim back lost earnings as part of your personal injury claim.

How fit notes work in Scotland

The "fit note" (Statement of Fitness for Work) replaced the old sick note in 2010. Your GP can issue a fit note for any injury that prevents you from working or limits what you can do. There are two options on the fit note:

• "Not fit for work" — you should not work at all during the stated period
• "May be fit for work" — you could work with adjustments (lighter duties, reduced hours, workplace adaptations)

For the first 7 days of illness, you can self-certify — you don't need a GP appointment. After 7 days, you need a fit note from your GP. Fit notes can be issued for any period your GP considers appropriate — from days to months.

Statutory Sick Pay (SSP) in Scotland

As an employee in Scotland, you're entitled to Statutory Sick Pay (SSP) from your employer. The current SSP rate is £116.75 per week (2025/26), payable for up to 28 weeks. Many employers offer enhanced sick pay above SSP — check your contract.

• SSP starts from the 4th qualifying day of sickness (the first 3 days are "waiting days")
• You must earn at least £123 per week to qualify
• Your employer pays SSP — it comes through your normal pay
• If your employer doesn't offer SSP, you may be able to claim Employment and Support Allowance (ESA)

Claiming lost earnings in your personal injury claim

The critical point: any earnings you lose because of the accident are recoverable as part of your personal injury claim in Scotland. This includes:

• Full salary/wages for the period you were unable to work
• The difference between SSP and your normal pay
• Lost overtime, bonuses, and commission you would have earned
• Lost pension contributions during your absence
• Self-employed profits if you're self-employed
• Future loss of earnings if your injuries affect your long-term earning capacity

Your employer's obligations

• They must accept a valid fit note from your GP — they cannot override it
• They must pay SSP (or contractual sick pay) for qualifying absences
• They cannot dismiss you for taking legitimate sick leave without following proper procedures
• If the fit note says "may be fit with adjustments", they should consider reasonable adjustments
• They must conduct a return-to-work assessment when you come back

Can I be sacked for being off sick after an accident?

You cannot be dismissed simply for being off sick. However, after an extended absence, your employer can follow their sickness absence policy. They must follow a fair procedure — capability review, occupational health assessment, and consideration of alternatives. Dismissal during legitimate sick leave after an accident may give rise to an unfair dismissal claim as well as your personal injury claim.

Self-employed workers in Scotland

Self-employed workers don't get SSP but can still claim lost income through their personal injury claim. You'll need to evidence your income — tax returns, invoices, and bank statements showing your typical earnings. Lost contracts and cancelled bookings are also recoverable.

Frequently Asked Questions

Legal disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws and policies can change. Always consult a qualified personal injury lawyer.