By your side to claim compensation for a workplace injury if you have been assaulted at work.
Getting assaulted while you’re at work is a distressing and shocking experience. It doesn’t matter whether the assailant is a service user, a manager, a colleague or a customer, you have the right to go to work without being assaulted.
Assault of this kind could be psychological, physical, sexual or some combination of the three. If the assault has taken place because your employer was negligent then you may be able to claim compensation.
Compensation claims for assault at work can be complex, starting with the question of whether to claim from the assailant or your employer, and leading on to whether you should also make a claim via the Criminal Injuries Compensation Authority (CICA).
No matter what the details of your situation are, a fair compensation settlement could help you to put your life back together following an assault at work. Contact the expert team at Truth Legal and we’ll explain whether you’re in a position to make a claim against your employer, and how the process works if you are.
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Claiming Compensation for Assaults in the Workplace
If you’ve been subject to an assault in the workplace you may be able to claim compensation for the injuries you received, either physical or psychological. Your employer has a legal duty to protect you from risks in the workplace, and that includes the risk of assault. Their duty of care towards you as an employee is set out in the Health and Safety at Work Act 1974.
The circumstances in which an assault at work could have happened because your employer failed in their duty of care include the following:
- You were left working alone or in a workplace environment which was understaffed. Workers such as prison officers, security guards and those caring for people with erratic patterns of behaviour may be more vulnerable to assault in circumstances such as this.
- If your employer chose to ignore threatening behaviour or acts of violence. If a client, customer, patient or fellow employee from the past subsequently assaults you, your employer may have been negligent.
- If you have been given inadequate training when working in an environment in which you are more likely to encounter angry, aggressive, abusive, difficult or violent clients. Diffusing potentially violent situations is a highly specific skill and your employer has a duty to make sure that you have been given all of the training you need.
- Workplace employment law states that, as a last resort, your employer should provide you with Personal Protective Equipment (PPE) in order to prevent or minimise the risk of injury. If the PPE you were given wasn’t fit for purpose – from specialist clothing to panic alarms – then your employer has failed in their duty of care to you.
In order to make a personal injury type compensation claim following an assault at work you would need to demonstrate that the incident could have been prevented if your employer had taken the right measures. If you’re unsure whether a claim of negligence like this would apply in your particular case then please call us on 0330 314 1300 to discuss your situation.
Claims for assault at work can take several forms:
- A claim against your employer – if your employer should reasonably have known an assault was likely to take place, but didn’t take sufficient steps, or any steps at all, to prevent it, then you may be entitled to compensation
- A criminal injury claim – if the assault wasn’t the result of your employer’s negligence you may still be able to claim from the Criminal Injuries Compensation Authority (CICA). This government run scheme pays compensation to the victims of criminal injuries in line with certain criteria
- A claim against the assailant – If you know who assaulted you then the team at Truth Legal could help you to bring a criminal and civil claim against them. This offers another alternative if you don’t feel that your employer has been negligent in some way.
What Actions Qualify as a Workplace Assault?
Whilst it may sound a simple question to answer, it is important to be clear on what is covered by the term ‘assault at work’. Some cases may be obvious examples of an assault at work, where others may be more uncertain.
A good place to start is the Health and Safety Executive’s definition, which considers an assault at work to be:
“Any incident in which a person is abused, threatened or assaulted in circumstances relating to their work”
There are a few key points to make here:
- Physical contact is not required for an assault at work. You may have heard of the crime of ‘common assault’. This is an offence where a victim is placed in real and immediate fear of being physically attacked, but where no violent contact actually occurs. For example, where an attacker throws a punch which misses. It also means an assault at work can include situations where an attacker has not touched you themselves but has still applied unlawful force. For example, spitting, or throwing an object which has hit you and caused you injury. Many assaults at work will include unwanted physical contact, but this is not necessary to have grounds for a claim.
- The assault does not have to be in your workplace. You can still claim for an assault at work if it took place whilst you were carrying out your duties away from your precise workplace. For example, if you are a paramedic attacked whilst attending a casualty.
- An assault at work can cover a range of criminal offences. An assault at work claim can arise from many serious offences, such as:
- Causing actual bodily harm or grievous bodily harm
- Acid attacks
- Armed robbery
- Attempted murder
- Sexual offences
The actions which qualify as a workplace assault are far ranging, but the most common which we come across when helping people to make claims for compensation include the following:
- A physical attack such as being pushed, slapped, punched, kicked or scratched
- Verbal abuse such as name calling and threats of violence or physical abuse
- Verbal threats of a sexual nature
- Verbal threats such as threatening to hurt or even kill you or your friends or family
- Aggressive behaviour including things such as spitting, hair-pulling and being menaced through threateningly-close proximity
- Being threatened with being sacked or demoted by your employer for actions such as voicing a complaint or filing an official report
- Sexual harassment ranging from unwanted comments to touching, sexual assault and rape
- Indecent sexual exposure
- Being pressured to spend time with a colleague, client or customer outside of the workplace, i.e. on a date
- Being offered a new job or promotion in return for sexual favours
- Having a weapon of some kind brandished towards you
Any one of these could be classed as assault at work. If your employer failed to take steps which would have prevented that assault from happening, then you may have grounds to claim compensation.
Do I need a Solicitor or Legal Expert for a Work Assault Claim?
There is no legal obligation to hire a solicitor or legal expert for a work assault claim. The complexity of such claims, however, means that acting on your own behalf would be a difficult and risky option.
The law dealing with safety in the workplace and employer negligence is complex in its own terms, but in an assault at work case it has to be combined with criminal law and the question of which party is most responsible for any injuries you’ve suffered.
Here at Truth Legal we’re experts in the law that applies to any assault at work compensation claim. We understand the kind of evidence needed to show that negligence contributed to your injuries, and also how to record the extent and severity of those injuries.
We’ll have a clear idea whether it sounds like you have a strong claim for seeking compensation from your employer or whether, for example, you should put in a claim for compensation from the CICA.
No matter what the details of your assault at work are, we’re ideally placed to build the strongest possible case for compensation, detailing the impact your injuries have had on your life and the financial burden likely to arise now and in the future as a result.
If you make a successful claim for compensation from a negligent employer then an amount of damages will be offered. If you’re working with legal experts like those at Truth Legal we’ll be able to gauge whether any offer is fair.
We know the kind of figures particular injuries should generate, as well as the range of injury-related expenses that can be claimed. If a compensation offer isn’t fair, we’ll be able to point out why it isn’t, and push for a better offer.
Our Case Studies page highlights the number of successful compensation claims we’ve been involved in, such as the care worker rewarded £40,000 after being assaulted by a resident. A case like this underlines the benefit to be gained from seeking expert legal advice.
Do you work on a ‘No Win No Fee’ basis?
Yes, our workplace assault solicitors work on a ‘no win no fee’ basis.
We know that some people hesitate when it comes to taking legal action for fear of the costs spiralling out of control. Our no win no fee approach means this can’t happen.
In simple terms, a no win no fee assault claim can be started with no up-front payment required, and if the claim is successful you’ll be able to keep the majority of any compensation awarded. Our legal fees will be covered by a ‘success fee’ which we only take once the claim is finished and compensation has been paid.
Some of our fees will also be covered by the other parties involved. If the claim is unsuccessful then any legal costs due to the other parties will be covered by ‘After the Event’ (ATE) insurance policy we encourage our clients to take out. In some cases, you may even be covered for these costs by existing home or car insurance policies.
No matter what happens in terms of our legal costs, no win no fee is a guarantee that you’ll walk away with the majority of the compensation awarded. None of the payments due will be taken until after that compensation has landed, meaning you’ll never be left out of pocket.
How much Compensation can I expect to win from an Assault at Work Claim?
The amount of compensation you can expect to win from an assault at work claim will depend upon the details of the case.
A publication called the Judicial College Guidelines (JCG) sets out the recommended compensation for injuries to certain parts of the body, based on how severe they are. Examples include:
- Fractured forearm – £8,060 to £23,430
- Head injury, ranging from minor to very severe – £2,690 to £493,000
- Moderate shoulder injury – £9,630 to £15,580
- Serious foot injury – £30,500 to £47,840
As well as compensating for the physical and psychological impact of your injuries this payment – known as general damages – is meant to reflect the degree to which you have been left unable to live and work as you did prior to the injuries.
The rest of any compensation claim will be made up of expenses which are a direct result of your injuries. These are known as special damages and could include the following:
- The cost of medical treatment such as doctor’s bills and prescription charges
- The cost of any adjustments which need to be made to your living spaces or the vehicles you use
- Compensation for earnings lost as a result of your injuries – i.e. because you can’t work at all, have to change to a lesser paid job or can’t work as many hours
- The cost of any mobility aids you need to purchase, such as a wheelchair, crutches and a mobility scooter
- The cost any extra childcare you need to access as a result of your injuries.
Special damages like this are intended to cover any money you have to spend or can’t earn as a direct result of your injuries.
Claims You Can Make as a Victim of Work Assault
The ways in which it is possible to make a claim following an assault at work – from a negligence claim against your employer to a civil claim against an assailant – demonstrates the range which this form of personal injury compensation covers.
What follows are a few examples of the claims you can make as a victim of a workplace assault:
GBH at Work
Legally speaking, GBH (Grievous Bodily Harm) is used to describe ‘really serious’ forms of physical assault and injury. A serious assault from a customer, your employer or a colleague could all amount to GBH and form the basis of a compensation claim if negligence played a part.
ABH at Work
ABH (Actual Bodily Harm) is described as harm which is less serious than GBH, causing injuries which are not permanent but are still more than ‘trifling’ or ‘transient’. If you’ve been assaulted in this way in the workplace then there’s a chance that your employer has failed in their duty of care, and you could claim compensation for negligence.
Sexual Assault & Abuse at Work
Everyone deserves to be protected from sexual abuse and assault at work. If your employer placed you in a vulnerable situation, or ignored warning signs sexual assault was likely to happen, they may have been guilty of negligence.
Sexual or Romantic Advances without Consent
Sexual or romantic advances without consent are another form of sexual assault in the workplace. Your employer has a duty of care to do everything they can to protect you from assault of this kind, including taking any complaints seriously.
Verbal Threats of Violence at Work
Verbal threats of violence at work can have debilitating psychological impacts – up to and including forcing you to stay away from work and lose earnings. Your employer has a legal duty to protect you from a threatening colleague, client or customer.
Criminal Injury (CICA)
If you’ve suffered an assault at work leading to injury, but your employer wasn’t liable through being negligent, you may still be able to make a claim through the Criminal Injuries Compensation Authority (CICA). This can be an alternative if you don’t know the identity of the assailant, you don’t wish to face them in court or you think that they wouldn’t be able to pay any settlement a court awards.
The requirements for making a claim through the CICA are as follows:
- The claim usually has to be made two years from the assault at work taking place
- You made a report of the assault to the police. The police reference number will be needed to start the claim, although the assailant doesn’t have to have been convicted
- You suffered physical or psychological injuries through a violent crime. The CICA defines violent crime as an attack, a violent act that causes harm, the threat of an attack causing genuine fear that harm would occur, sexual assault and arson.
The amounts awarded through CICA vary depending upon the type and severity of any injury. They are set out in a published table, with amounts including:
- A dislocated or fractured elbow with continuing significant disability – £6,200
- Loss of two or more fingers – £11,000
- Fractured wrist with substantial recovery – £2,400
It is possible to make a claim against your employer or the assailant at the same time as pursuing compensation via the CICA, but any compensation paid through one claim will be taken off the amount awarded via another claim, as you can’t be compensated twice for the same injuries.
If you’re not sure whether a claim via the CICA would be the right thing to do following an assault at work, please contact us and we’ll explain the workings of the scheme in detail and whether it is the best option for you.
Workplace Assaults by Co-Workers, Bosses & Staff
If you are the victim of an assault by your boss then they are clearly to blame and have failed in their duty of care. Assault by another employee could be the result of negligence if it can be shown that your employer should reasonably have known what the risks of the assault were and taken steps to keep you safe.
Workplace Assaults by Customers & the General Public
Workplace assault by a customer or member of the general public could lead to a personal injury claim if your employer’s negligence allowed the assault to happen. If there was no negligence, then you could still pursue a civil claim against the member of the public who assaulted you, or seek compensation from the CICA.
If there is a genuine choice between seeking compensation from your employer or a member of the public, we would always recommend pursuing a negligent employer first, as they will have Employer’s Liability insurance in place to cover the cost of any compensation payment.
If you’re unsure where you stand following such an assault, use our Contact Form to get in touch and arrange a free 30 minute consultation.
Dismissal, Demotion or Threats as a means to Cover Up and Hide Violent Acts
A dismissal from work as a means to cover up acts of violence could be treated as either an assault at work or wrongful dismissal. In either case, Truth Legal would be happy to help you to pursue compensation.
Threatening dismissal or demotion as a means of coercion is also regarded as being as assault in the workplace. If this happens to you then you have been let down and may well be able to claim compensation.
Acts or Requests that put Employees in Dangerous Situations
If your employer makes a request or acts in a way which puts you in a dangerous situation – such as sending you alone to deal with angry and potentially violent clients – then they have failed in their duty of care.
A proper risk assessment and a commitment to a safe working environment should be enough to stop this happening, and your employer has been negligent if neither is in place.
Physical or Cosmetic Damage
If you suffer physical or cosmetic damage during an assault at work and your employer was negligent in allowing this to happen, then that fact will be reflected in any compensation you receive. Physical damage and the impact it has on your ability to work and live your life is reflected in what are called ‘general damages.’
Emotional Damage and PTSD
Emotional damage and psychological impacts such as Post Traumatic Stress Disorder (PTSD) will also be reflected in any general damages paid if your workplace assault was the result of negligence.
Resulting Income Loss
Any resulting income loss caused by the fact that an assault at work stops you working entirely or means you can’t earn as much, will be used when calculating the part of any compensation payment known as ‘special damages’, if the assault was the result of negligence.
Resulting Medical Bills and Travel Costs
Other expenses directly arising from the injuries received during an assault at work will also be used when calculating special damages if compensation is awarded. This includes medical bills, travel costs, the costs of care, the cost of any mobility aids needed and the cost of any adaptations required for your home or vehicles.
Which Workers are Most at Risk from Assaults at Work?
Unfortunately, workers across a broad range of sectors, in a wide variety of roles, face the risks of being assaulted at work. Some of the sectors which face the greatest risks include:
Emergency Workers
In 2018, legislation came into force creating a specific criminal offence for assaults on emergency workers. The Assaults on Emergency Workers (Offences) Act 2018 allows for increased sentences for those convicted of attacking emergency workers who are carrying out their duties. It covers workers who are:
- Police officers
- Prison officers
- Firemen
- Search and rescue personnel
- People providing face-to-face NHS health services i.e. doctors, nurses, paramedics
The new law reflects the serious risks of assault emergency workers encounter on a daily basis. Figures from the Crown Prosecution Service also indicated that, during the first year of it being in force, there were more than 50 prosecutions per day under the Act’s provisions.
Retail & Shop Workers
Shop and retail workers are in near-constant contact with the public in their roles. This brings with it risks which many people might find surprising. Some key trigger points for assaults on shop workers are:
- Attempted robberies
- Enforcement of age limits for the sale of restricted items
- Encountering thefts
- Dealing with intoxicated customers
- Dealing with customers with mental health issues
A 2020 survey by the British Retail Consortium found that, on average, there were 424 violent or abusive incidents per day against retail workers. This was based on nearly 155,000 reported incidents over the course of the year. The survey also noted that this represented an increase of around 9% on figures from 2017/2018.
More recently, there is evidence to suggest that the Covid-19 pandemic has seen an increase in abusive incidents. In a survey by the Union of Shop, Distributive and Allied Workers (Usdaw), 76% of respondents said that abuse had been worse than normal during this time.
Bouncers & Security workers
Security workers (including bouncers and door-staff) perform critical functions keeping others safe and, though the role itself carries potential risks of assault, this does not mean an employer is justified in neglecting the safety of its staff. If anything, the risks inherent in security work imposes a higher standard upon employers, because there is a greater likelihood that failings could so easily result in assaults and injury.
Some key examples of how an employer can fail their security workers include:
- Arranging insufficient staff numbers for a given task or situation
- Providing inadequate training on how to restrain or control violent behaviour
- Providing insufficient or inadequate personal protective equipment
Teachers & Education Staff
Teaching is a profession which, on the face of it, should not involve risks of an assault at work. However, a survey in 2019 by the teachers’ union NASUWT found that, of the 5,500 teachers responding, a significant proportion (14%) had been physically assaulted by pupils. Over half (57%) said that they had been subjected to verbal abuse.
There also appears to be a sense amongst the profession that they are not supported by management and employers when such incidents are possible.
If you are a teacher who has been assaulted by a student, employer inaction or disregard for known risks can be a strong basis for a claim. One example would be ignoring risks posed by certain students – who may have a history of violent or aggressive behaviour – and failing to take sufficient precautions or failing to inform the staff around them. Insufficient staffing numbers and inadequate risk assessments are also common ways in which an employer may fail to take care of its teachers.
Healthcare Workers, Doctors & Nurses
Healthcare workers are often placed in some of the most vulnerable situations when it comes to assaults at work. Roles normally involve high levels of public contact, and patients or service-users may be agitated, aggressive, and/or suffering from mental health conditions.
The risks that healthcare workers face are widely acknowledged. The Health Secretary, Matt Hancock, wrote an open letter in February 2020, pledging to reduce the levels of violence experienced by NHS staff. He cited data suggesting that 15% had experienced physical violence from the public and patients in 2018/2019, and that amongst ambulance staff this proportion was much higher, at 34%.
Whether you are employed by a private healthcare provider or the NHS, your employer is still responsible for taking all reasonable measures to ensure your safety.
Taxi Drivers
Taxi drivers are at a high risk of being assaulted during the course of their work. The combination of working alone, often late at night, and in constant contact with members of the public, creates the potential for attacks to occur.
If you are employed as a taxi driver, your employer should take reasonable precautions to ensure your safety. This may include:
- Assessing the risks you face based on your work patterns
- Fitting your taxi with appropriate safety features (such as protective screens between the front seats and the rear passenger seats)
- Providing safety training
- Adopting safer systems of working (such as only allowing card payments so you are not carrying cash)
However, if you are driving for a taxi company, your employment relationship may not be as straightforward as employer and employee.
What should I do if Assaulted at Work? What are my Legal Rights?
An assault at work can be deeply shocking – a sudden, painful event which can cast a persistent shadow over what was a routine part of your life. Even if the risk of assault is one you face every day in your job, it does not lessen the traumatic nature of the experience or change the fact that an attack is something which no one should have to endure.
In the immediate aftermath of the assault, you need to make sure you are safe, and that you are taking care of your injuries and wellbeing. Then you can begin to consider the items below:
- Looking after your own welfare
- Looking out for other members of staff
- Making and cementing positive changes in your workplace
- Putting yourself in the best possible position to recover compensation
1. Prioritise your health and wellbeing
This always has to take top priority. And you must not put your health or wellbeing at risk for anything else on this list.
Violent incidents at work can cause a variety of injuries – both physical and psychological – so it is important that you get yourself fully checked over by medical professionals as soon as possible after your assault.
You may become aware of other injuries some time after the attack. Psychological injuries, in particular, can take time to emerge or for you to notice their effects on your life. Going back to your GP or hospital as often as you need can help to ensure that your health is monitored and that you are receiving appropriate care.
It also means that your injuries are documented, and this can be useful evidence if you later decide to make a compensation claim.
2. Report the assault to the police
We recommend that you report your assault to the police no matter the circumstances.
If you have been assaulted at work by a stranger (such as in an assault by a customer or an armed robbery), it’s likely that your natural instinct is to report the assault to the police anyway.
But with other attackers it may not be so clear cut. For example, if you have been caring for someone who has attacked you, such as a patient, a pupil, or a care home resident, reporting the incident to the police may not even cross your mind.
It might also be a difficult decision if you have been assaulted at work by a colleague – depending on the situation.
If you are reluctant to report the assault to the police, we would encourage you to do so for three reasons:
- If the police become involved, then it may stop the assailant from doing it again, thereby reducing the risk that you, a colleague, or anyone else will be assaulted by them in future.
- The police may help to gather evidence about the attack. This can assist in any of the three types of compensation claim you might choose to bring.
- More specifically, in order to bring a Criminal Injuries Compensation claim, you are required to report the attack to the police as soon as possible after it occurred, and then assist the police in pursuing the matter. If you do not report your assault to the police, this potential avenue for compensation will be closed off.
3. Report the assault to your manager
You should make sure that your manager knows about the attack. Tell them orally, but also follow up in writing (by letter or email) so that there is clear evidence that you informed them of the assault.
Unlike accidents at work, assaults in the workplace aren’t routinely added to the accident book. Therefore, you should insist that the incident is recorded in the accident book and that an investigation (into how your assault was allowed to happen) is carried out. This can be useful evidence for a possible compensation claim down the line, but may also help your employer to make adjustments and increase safety in the workplace.
If your employer is less than supportive, you might be worried that these actions (and some others on this list) could antagonise them or put your job at risk. However, you also have employment rights which can protect you.
If your employer has failed you, either in causing the situation which led to your attack, or by not dealing with the situation following it, this could be grounds for a constructive dismissal claim if you later feel forced to leave your job. And if, by reporting the attack to your manager, you are treated badly, then you may have the basis for a whistleblowing claim.
However, before making any decisions which impact your employment, we recommend that you seek dedicated employment law advice.
4. Tell your colleagues about the attack
You should make sure that your colleagues are aware of the assault, particularly if you were working alone at the time. Understandably, talking about the assault may be difficult. If so, it might be easier to tell one or two trusted co-workers and ask them to spread the word for you.
Ensuring your colleagues are aware of your assault is important.
Firstly, it warns your co-workers about the potential risks they face. The circumstances of your assault could make them aware of situations in which they are vulnerable. And if your attacker was someone with whom they could have ongoing contact – such as a prisoner, patient, care home resident, pupil, fellow worker, or even perhaps a repeat customer – warning your colleagues of that individual’s violent tendencies allows them to be on their guard and to act more safely. If your workplace holds records or notes about individuals, you can make sure that your attack and its circumstances are documented there.
Secondly, the more people who know about the assault, the harder it will be for an unscrupulous employer to ‘sweep the matter under the carpet’. This can have important consequences for workplace safety and any investigations into your assault.
5. Collect evidence of the assault
If you are even slightly considering a compensation claim for your assault at work, you should try to collect as much evidence as you can, while you can.
It is always easier to collect evidence shortly after the assault, than it is at a later date. So even if later on you decide you don’t want to make a claim, that’s fine – you haven’t lost anything. It’s much more difficult in the opposite situation, where you later decide you would like to claim but important evidence is no longer available.
Useful evidence can include:
- Your account of the assault, written down whilst it is fresh in your mind
- Photos or video of the area where the assault happened
- CCTV footage
- Details of any witnesses
- Details of anyone you spoke to and what was said
If you want to pursue a compensation claim against your employer, then it is helpful to obtain evidence which indicates that the assault was predictable. The basis of any claim against your employer will usually be that they did not do enough to protect you from a foreseeable risk of being attacked and injured.
So, for example, if you were attacked by a patient, prisoner, care home resident, or pupil, and a colleague tells you afterwards that something similar had happened before (or nearly happened before) with that individual, then this is key information and you should write it down. There may be other evidence to support this as well, such as notes or records about the individual’s behaviour.
Evidence like this could be the difference between establishing that your employer was legally responsible for the assault or not – and therefore could be the difference between winning or losing a compensation claim for your assault at work.
6. Keep a diary of your injury symptoms
It’s a good idea to record the progress of your injuries – physical and psychological – in a diary or on your phone. You can use this to keep track of:
- How you are feeling day-to-day or week-to-week
- What medical appointments you attend
- What medication you are taking
- If there are any activities, tasks or hobbies which your injuries have stopped you from doing.
This can be very helpful in future. If you do bring an assault at work compensation claim, at some point you are likely to see a medical expert, who will write a medical report on your injuries. And, naturally, it could be difficult to remember exactly how your symptoms stood at a certain point months or maybe even years ago. In our experience, we also find that clients may forget about some of their symptoms entirely – especially when trying to relate them all to a medical expert.
By having a diary of your symptoms, you can give the medical expert a detailed account of your injuries and how they progressed. This should make the medical report much more accurate. And that can be crucial, as the medical report is likely to be the main piece of evidence to support the harm you sustained from the assault.
7. Record your losses and care and assistance
Following on from the point above, if you are thinking of making a compensation claim, you should also keep track of the money you have spent or lost due to the assault. These losses can often be included in the claim alongside your injuries.
There are many different kinds of loss you can incur, but some common examples are:
- Loss of earnings
- Medical expenses and treatment costs
- Travel expenses
- Care and assistance
For more on the kind of losses which can be included in a personal injury claim, download our free ebook:
It’s likely you will have started incurring losses like these almost immediately after your assault. So as soon as you feel able – or with someone else’s help – start noting down the losses you incur and keeping evidence for them.
We suggest that you take pictures on your phone of any receipts, tickets, bills etc. to keep the evidence safe.
As with collecting evidence of the assault, you don’t want to be in a situation where significant losses are left out of your claim because you’ve forgotten about them, or the evidence has been lost.
Care and assistance is a bit different. If a professional carer helps you after your assault, you can claim the costs involved in a similar way to other expenses. But you can also claim for care and assistance received from loved ones – who won’t be charging you fees for their help. However, in order to support this, you should record:
- Who helped you
- What day-to-day tasks you needed their help with
- How long they helped you for (i.e. how many hours per week, and for how many weeks).
It’s likely that this care will reduce gradually as your injuries heal. So, having an accurate record of the extent of care you needed over the course of your recovery, and how it changed, makes for a stronger claim for this loss and increase your chances of recovering compensation for it.
To save some time, you can download ready-made forms from our Legal Library to record your losses and keep track of your care and assistance.
8. Demand a new and improved risk assessment
Risk assessments are a necessary part of an employer’s duty to operate a safe workplace under the law. They are intended to identify risks to staff members and set out the action being taken to reduce the chance of injury from them.
Because you have been injured at work, it is possible that your employer’s risk assessment was defective. If your employer did not even have a risk assessment, or it did not cover the risk of assaults in the workplace, this is a clear indication they have not done enough to keep you safe at work.
A new risk assessment should be completed by your employer to ensure that lessons are learned and staff are better protected in future.
9. Demand safer ways of working
In some circumstances, an assault in the workplace might have been avoided, or the harm minimised, by safer ways of working. Two common areas where this might apply are: staff training and the number of staff.
Training
If your assault happened, or was made worse, because either you or colleagues were not properly trained, then you need to request appropriate training for all staff who are expected to carry out similar duties. For example, we often find that many care assistants haven’t received training in how to look after patients or residents with autism or dementia.
Training on de-escalation, control, and restraint techniques, or on self-defence, can be very useful in a wide range of roles. It can help staff to spot potentially violent incidents building up, and deal with them if they occur. If this kind of training would help in situations you or your colleagues face, you should ask your employer to provide it.
Number of staff
Often an assault at work happens due to staff shortages. Lone workers are more vulnerable to assaults at work due to colleagues not being around to help them.
After an assault, your employer may be most receptive to making the necessary changes. You should ask for higher staff numbers, or a better system of work so that, when carrying out certain tasks, there are always multiple staff members on hand.
Ensure that your request is in writing. If you don’t get a response, chase your employer. And if your employer does not make changes, ask them in writing why this is the case. It may be that, by your employer not increasing staff numbers, you believe another assault will take place in the future. If so, spell this out to your employer in writing.
10. Demand better Personal Protective Equipment (PPE)
If you think protective equipment might have helped when you were assaulted at work – either as a deterrent or to reduce the harm you suffered – you should say so to your employer. Again, it is best if this is done in writing so that there is a clear record of you raising your concerns.
The type of PPE will depend on your work, but it could include protective clothing and personal alarms. Often, these can be introduced at relatively low cost to your employer.
Alternatively, if you had already been issued with PPE before the assault and it did not fulfil its purpose, you may have grounds to claim against your employer for injuries caused by inadequate PPE.
11. Check that your employer has filed a RIDDOR report to the Health and Safety Executive
Generally, an employer needs to file a report under the RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations) when someone has been off work for 7 days due to an incident at work.
If you have been off work for 7 or more days because of the assault and your employer won’t submit a RIDDOR report, we recommend that you contact the Health and Safety Executive yourself.
12. Consider submitting a grievance
Grievances are formal complaints about issues in your workplace.
If you believe that the assault could, and should, have been prevented, then you may want to submit a grievance to your employer.
It could be that the risk of violence you faced was known to your employer, but this information wasn’t passed onto you – which can be distressing to discover. Or it could be that a colleague has failed to complete the correct documentation about previous incidents and, if they had done so, you would have known what to expect and would have been ‘on your guard’, potentially avoiding your injury.
By submitting a grievance, you are sending a strong signal to your employer that you do not tolerate being assaulted at work and that they should implement measures to ensure that it doesn’t happen to you or anyone else again. Your suffering shouldn’t be in vain.
As mentioned above, if you are worried about your employer’s reaction, you can always discuss your employment rights with Truth Legal’s specialist employment law team before you take any steps. Just get in touch for guidance on your situation.
13. Remember your deadlines for making a claim
Claiming compensation for an assault at work can often be done through several legal avenues. Depending on your circumstances, you might be able to make a claim to the Criminal Injury Compensation Authority (CICA) and you may have grounds for civil liability claims against your employer and your attacker themselves.
Time limits will apply to each of these possible claims, however. The general time limits are:
- For a CICA claim, you must submit it within 2 years of the date of the assault.
- For most assault at work claims against your employer or your attacker directly, you have 3 years from the date of your assault in which to settle your claim or begin court proceedings.
If you miss these deadlines, you could be prevented from claiming compensation.
The time for making a claim can disappear surprisingly quickly, especially with the tighter deadline on CICA claims. We would recommend that if you are wondering about a claim at all, seek legal advice as soon as possible to keep your options open.
There can be some exceptions to the time limits given above, so it is always worth seeking advice even if you think it might be too late.
14. Contact a specialist Assault at Work compensation solicitor
We would suggest this, wouldn’t we? After all, Truth Legal have been handling assault at work cases since we were founded in 2012, and our experienced lawyers are always ready to help anyone who has been assaulted at work.
But even if you aren’t sure whether you want to make a claim, seeking legal advice can help you to see your options clearly, and ensures you can make an informed decision.
And below, you can read some success stories of how we have assisted people to make compensation claims after being assaulted at work.
So why not contact us for a free consultation? You can discuss your situation with an assault at work expert and there is no pressure or obligation on you to proceed further.
What should I do if my Employer hasn’t followed correct procedures?
If you feel that your assault at work happened because your employer hasn’t followed the correct procedures there are some things you can do. Asking for a different approach to workplace safety will improve the working environment for you and your colleagues.
It will make future assaults less likely to occur and will be useful as evidence for any compensation claim, as it will highlight the failings in your employers duty of care to you at the time of the assault taking place.
- Ask for a new risk assessment – Risk assessment play a key role in identifying the risks within a workplace and putting measures in place to minimise the chance of those risks causing injury. If you’ve been injured in an assault at work then this could be because your employers risk assessment wasn’t fit for purpose. If there was no risk assessment at all in place regarding assaults in the workplace then this would clearly indicate that they have failed in their legal duty to keep you safe at work.
- Working practices – Ask for working practices which could have prevented the assault taking place, or minimised the harm it caused. In many cases, this will mean better training for employees or increased staffing in specific situations.
- Ask for training – The assault at work may have happened, or had a worse impact, because you hadn’t been properly trained in a particular activity. You should ask for the right training to be given for tasks such as dealing with angry customers in a retail setting, through de-escalation techniques.
- PPE – You might feel that better PPE equipment would have helped during the assault at work. The right PPE may have deterred your assailant, or meant that any injuries you suffered were less severe. Point this out to your employer and ask for improved PPE provision in the future.
All requests of this kind should be made in writing to create a record of what you’ve asked your employer to do. If they fail to take the steps you’ve requested you should point this out in writing as well.
Making requests such as those set out above will have a two-fold impact. If your employer agrees with your success then your workplace will be safer for everyone, and it will highlight the shortcomings which existed at the time of your assault.
If your employer ignores your requests this will provide further evidence of their lax attitude toward workplace safely for any compensation claim you make.
If you’d like to know more about claiming with us, read our blog:
What does the Assault at Work Claim Process Involve?
The process of making an assault at work claim can be broken down into the following individual steps:
- Seek medical attention for any injuries
- Report the assault to your employers using established procedures. If no such procedures are in place report the details of the assault in writing via email to create a record of what happened. You should also report the incident to authorities such as the police.
- Contact Truth Legal to ascertain what your legal position is. After listening to the details of your case, we’ll explain whether a compensation claim on a no win no fee basis would be the best course of action.
- Gather evidence to support your compensation claim. This will range from your own account of the assault to photographs or videos of the space in which the assault took place and any CCTV footage which is available.
- You should also collect the contact details of any witnesses to the event – plus their accounts of what happened while the events are fresh in their memory – as well as broader information on the training provided by your employer, the risk assessments that are in place and any previous incidents of a similar nature.
- Keep the details of any expenses arising from your injuries. Keep physical copies of any receipts, and take photographs to ensure that they can’t be mislaid.
- Write a journal or diary setting out your injury symptoms and the impact they are having on your day to day life. Include details such as the medication you have to take and any hobbies, activities or tasks which your injuries stop you from doing. Your journal should also detail care assistance you require following your assault. You can directly claim back the costs of professional care, but you can also claim on the basis of care provided free of charge by family and friends. To do this you need to record who helped you, what tasks you needed help with, how many hours per week they spent helping you and for how many weeks.
- We’ll report the compensation offer to you, along with our evaluation of whether it represents a fair offer. If it does, we’ll recommend accepting it, but if we don’t think it reflects the impact the assault at work has had on your life, we’ll carry on negotiating.
- In a small number of cases the employer may deny negligence. This means the case will have to go to court to be decided by a judge. If this happens we’ll provide expert representation, putting forward the strongest possible case on your behalf.
Do I Claim Against my Workplace or the Person(s) Who Committed the Assault?
Depending on the circumstances of your assault, you may have several options for pursuing a claim.
Claiming from the Criminal Injuries Compensation Authority
The Criminal Injuries Compensation Authority (the CICA) operates a compensation scheme for people who have been injured through violent crime. Being assaulted at work will nearly always allow the possibility of a CICA claim, but there are a number of eligibility requirements which must be met – such as reporting the matter to the police and the injury lasting for at least 6 weeks, for example.
Instead of making a claim against anyone legally responsible for the attack, a CICA claim involves an application to the CICA for compensation. If you succeed, the CICA will pay compensation based on the injuries you have suffered.
The CICA scheme is generally more restrictive than ‘normal’ personal injury claims, in that many losses resulting from the injury may not be recoverable. Also, injury compensation is paid according to a fixed tariff, which tends to result in lower awards than in other kinds of personal injury claim.
CICA claims are also limited to shorter time limits than personal injury claims, so it is important to act quickly if you are considering a claim to avoid missing your chance. To find out more about these claims, visit our CICA Assault at Work Claims page.
Claiming against your attacker directly
This might seem like the best option for a personal injury claim – given that your attacker is the one who has directly inflicted your injuries – but it is actually very rare for this to be viable in assault at work cases.
Legally, you are likely to have the strongest case against them, but practical difficulties often stand in the way. If you have been attacked by a member of the public, for example, you might not know who your attacker is or you might not be able to trace them. In other situations, it may serve no purpose to claim against them, as they would not have the funds to pay you the compensation you deserve.
However, if your attacker is known to you and is sufficiently wealthy (or they have applicable insurance cover), claiming from them directly may represent your best course of action.
Claiming against your employer
When a worker is carrying out their work, their employer is responsible for their safety. These obligations rightfully cover situations involving assaults and threats of violence at work.
If your employer has failed to take reasonable precautions for keeping you safe from attack whilst at work, their failure could mean they can be held legally responsible for the injuries you have sustained.
What is my employer’s responsibilities in an accident at work case?
To be successful in any compensation claim, it is necessary to show that the person or organisation you are claiming from (known as the defendant) is legally responsible for the injuries, losses, and other harm you have suffered.
With an assault at work claim, you are trying to establish that your employer was negligent: i.e. that they did – or did not do – something which led to you being injured in the attack. This can be challenging. Your employer is not the one who assaulted you directly and so building a legal case to show how they were responsible in other ways can often present obstacles.
As the person making the claim, it will be for you (and your legal representatives) to prove each of the legal elements necessary to bear out the claim. These are, that:
- Your employer owed you a duty of care
- Your employer breached that duty of care
- The breach caused you to suffer damage
- This damage is recoverable
We’ll explain each of the elements in more detail below.
Areas of dispute
It may be that not all of the above elements will be disputed by the defendant in your case. For example, your employer may accept that they breached their duty of care, but argue that this did not lead to your injuries. In other cases, a defendant may accept they are fully responsible and just require evidence of the damage suffered.
Every case needs the theoretical elements in place to be successful, but when some, or possibly even most, of them are accepted by a defendant, it narrows the areas of dispute and makes a claim more straightforward.
Duty of care
A duty of care is a way in which the law recognises that some people owe certain responsibilities to others. Duties of care appear in many situations; generally where it is reasonably foreseeable that someone’s conduct could adversely affect someone else. For example, a doctor owes a duty of care to their patient, and road-users owe duties of care to other road-users.
It is well-established that employers owe a duty of care to their employees so this element is rarely a problem in assault at work claims.
Breach of duty
An employer’s duty is to take reasonable care of their employees’ safety and well-being. To prove there has been negligence, it is necessary to show that they failed in this duty.
With an assault at work claim, this will involve asking questions such as:
- Could or should your employer have anticipated the assault?
- Did they properly assess the risks of assault that their employees faced?
- Did they take reasonable protective action based on their risk assessments?
Reasonable action might include:
- Setting up and maintaining safe systems of work (such as avoiding employees working alone)
- Training staff (such as in effective restraint techniques)
- Informing staff of known risks where appropriate
- Providing adequate safety equipment (such as body protection, or protective screens)
However, there are limits to the steps an employer may be expected to take and you will notice that the word ‘reasonable’ appears a lot. When considering what is ‘reasonable’, courts will balance a number of factors – such as how effective certain safety measures might be, how practical it would be for an employer to implement them, and whether the known or anticipated risks to staff would justify their introduction.
Causation
Your employer’s breach of duty must have caused, or contributed to, your injuries and losses in order for your employer to be legally responsible. For example, your employer may have placed you alone in a situation which led to you being assaulted, where, had you had support from colleagues, this would likely not have happened.
Causation will involve questions such as:
- What might have been done differently by your employer?
- If they had done things differently, would that have prevented the assault or your injuries from occurring?
Damage
The harm you have suffered (your injuries and other losses from the assault) must be recoverable. This element is partially linked to causation as, to be able to recover compensation for your harm, your harm must be attributable to the assault. However, your losses must also be reasonable in extent and must not be too ‘remote’.
Remoteness
Remoteness is a legal concept used when looking at more unusual losses. In an assault at work claim, it would ask the question – ‘was it reasonably foreseeable that a person injured in such an attack would have incurred that loss?’ For most losses, this won’t be an issue (see the section below on ‘What can I claim compensation for?’) but it can curtail losses which are more extraordinary.
What Processes Should an Employer Follow When Faced with an Assault at Work Claim?
The following steps are what employers should do in order to minimise the risk of injury to their staff from violence at work, taken from the guidance issued by the Health and Safety Executive (HSE).
1. Discover if there is a problem
Every employer should assess the hazards relevant to their organisation, compiling a risk assessment. To undertake the risk assessment correctly, the employer should engage with its employees to discover if there is a problem in relation to violence at work. Often, the employer is unaware of the threat of violence which its employees face until such time as they start asking the questions.
If there are safety representatives and/or trade union officials, they should also be spoken to when compiling the risk assessment. Short questionnaires to employees may elicit useful information as to potential risks. These surveys could be conducted online using a product such as Survey Monkey.
Once the information is in, a prudent employer ought to disclose the information to its staff and seek feedback.
A prudent employer ought to record all incidents of violence – whether these are verbal threats or actual attacks – recording precisely what happened, to whom, by whom, where and details of any injuries sustained. A prudent employer ought to encourage their staff to report all incidents of violence.
When analysing the information, the employer ought to look for patterns such as time, location, and whether a particular member of staff is frequently targeted. Then, when armed with all relevant information, the employer should produce a detailed risk assessment and then act upon that assessment.
2. Take decisive action
The employer ought to reduce the risk of violence to the lowest possible limit, even if that means considering closing a particular operation if the risk to staff is too high. If the risks can be controlled, the employer must consider the training provided to its staff, the environment, as well as staffing numbers. Staff must also be provided with full information concerning the likely risk of violence whilst undertaking their duties.
De-escalation training, which is being taught how to spot the signs of violence and act on that information, is a form of training which should, at the very least, be given to members of staff who are in any way at risk of suffering from violence.
CCTV and alarm systems may also reduce the likelihood of a violent incident occurring. Additional security measures on doors, particularly in sectors in which staff are handling large volumes of cash, ought to be considered. In fact, the employer may wish to encourage customers to pay by credit or debit card rather than in cash.
If members of staff are working alone, the employer should have systems in place to ensure that they know where their employee will be and any risks to that employee when away from their usual workplace. In fact, the employer ought to have a lone-working policy for such eventualities and may also wish to provide staff with panic alarms as well as self-defence training.
If employees are working at night and/or in dangerous locations, the employer should consider how their employees will get home at the end of a shift.
3. Assess arrangements
Given that an incident of violence in a workplace is a major event which may lead to significant injuries to a member of staff, it is imperative that the employer keeps talking to its staff and revising its policies if necessary. If violence at work remains a major problem, the employer may wish to reassess its procedures and perhaps consider engaging external health and safety consultants with a specialist interest in reducing assaults at work.
4. Wellbeing of the Victim(s)
Frequently, employers do not know what to do when an employee has been the victim of a violent incident at work. In some sectors, particularly in mental health trusts, where violence is more prevalent, there are usually protocols in place for following up with an injured member of staff to make sure that they are OK and to ensure that the incident does not happen again. However, in some sectors where violence at work is a rare event, employers frequently fail to remain engaged with the victim, often leaving the matter to the police. A prudent employer should always take detailed notes about what has happened directly from the victim and any witnesses. This evidence-gathering process should ideally occur as close to the occurrence of the event as is possible. Frequently an employee who is the victim of an attack at work will require time off. A prudent employer ought to, but does not always, pay full pay in the event of an absence caused by violence. Many employees resign following an assault at work usually because they feel that their employer doesn’t care about them.
A prudent employer should assist and support members of staff throughout the long and complicated criminal process.
How do I Start a Workplace Assault Claim?
Starting your workplace assault claim is as simple as contacting Truth Legal today. As soon as you have reported the incident and sought medical help, call us on 0330 314 1300 or send an email with an account of your assault to enquiries@truthlegal.com.
A member of the Truth Legal team will be in touch within 24 hours to talk you through claiming the compensation you deserve.
Once you’ve contacted us we can provide a free, confidential 30 minute consultation. We’ll use this time to take down the details of your assault at work and explain if we think you have the grounds to claim compensation.
We’ll talk you through the options, such as claiming from an employer, an individual assailant or the CICA, explaining which would be best in your case. Once you’ve decided which path to take we’ll work with you to gather the evidence needed to support your claim on a no win no fee basis.
Getting injured through an assault at work can be a devastating experience. You have a right to expect to work safely, and if your employer has been negligent and failed in their duty of care it can have long term psychological as well as physical ramifications.
Seeking compensation can be the first step toward putting your life back on track. Any payment will recognise the degree to which you’ve suffered, as well as ensuring that you don’t end up being financially worse off as a result of the assault. It could also pay for the help you need to live the rest of your life as fully as possible.
Assault at Work Claim FAQs
Further reading
Read our extensive guide for more information on assaulted at work claims.


