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.
Recent success stories
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?
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.
What should I do if Assaulted at Work? What are my Legal Rights?
Being assaulted at work is an upsetting experience, even more so if you feel that it happened because you were let down by your employer.
There are some steps you can take in the immediate aftermath of an assault at work to prioritise your own well-being and to prepare the ground for any compensation claim:
- Medical Attention – seek medical attention immediately following the assault. First and foremost you need to deal with any injuries sustained to minimise the impact and increase your chances of recovery. Secondly, prompt medical treatment will create an official record of the injuries which will be vitally important for any compensation claim you pursue.
- Report the Incident – make a full report of the assault to your employees as quickly as possible. Your workplace will probably have a procedure in place for reporting incidents – i.e. an accident book for reporting accidents – so you should follow this procedure and give a detailed account of the assault.Details should include the location, date and time of the assault, the extent of injuries apparent at the time and the contact details of any witnesses. If your workplace doesn’t have a set procedure for reporting incidents of this kind you should set the details out in an email and send it to your employer. This will create a written record of the assault for future reference.
- Investigation – ask for an investigation into how the assault was allowed to take place. This will enable your employer to make the workplace safer in the future, and could throw up useful evidence for any compensation claim. If your employer refuses to carry out an investigation, this in itself could provide evidence of a casual and negligent attitude toward assault at work. If your employer isn’t fully supportive you may be worried that asking for an investigation could put your employment at risk. Your job is protected by employment law, however, which means that if you feel forced to leave your job because of the way in which your employer handles the assault at work, you may be able to make a claim for constructive dismissal. The same principle applies if your employer dismisses or threatens to dismiss you following a compensation claim, in which case the team at Truth Legal would be able to advise you on the legal position regarding a claim for wrongful dismissal.
- Report the Assault – if the assault, such as GBH or ABH – is a criminal offence, you should report the incident to the police, who may be investigating anyway. A police report will help to bolster any future claim for compensation, and is a pre-requisite of claiming for compensation from the CICA.
- Legal Advice – contact the team at Truth Legal to take legal advice. We provide an initial 30 minute consultation free of charge. We’re experts in personal injury law and will explain whether you have a strong case for seeking compensation because your employer has been negligent. We’ll also help you to choose between claiming compensation from your employer, from the assailant, or from the CICA.
- Expenses – immediately following the assault you should start to keep a record of any expenses which arise directly as a result of the incident. These expenses will later be used when calculating the exact amount of any compensation to be paid.
- Sick Pay – if you need to take time off because of your physical injuries or mental state following an assault at work you should receive statutory sick pay or contractual pay if this is part of your employment contract. Keep a record of any drop in your income caused by having to take time off, as this will form part of your compensation claim.
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?
In legal terms you have the right to claim against your workplace or the person(s) who committed the assault. If the assault happened but your employer hasn’t behaved negligently, then you won’t be in a position to make a claim against your employer, and will have to claim against the assailant.
Alternatively, if you feel that the assault took place, or was worse in terms of the injuries caused, because your employer failed in their duty of care to keep you as safe as possible while working, then you may be able to claim compensation from them.
In cases in which either option is legally possible, we would advise making the compensation claim against your employer. This is because your employer will have Employer’s Liability insurance in place, which means that they will be able to fund any compensation payment which is awarded. An individual assailant, on the other hand, may not be able to fund a compensation payment, even if they are found to be responsible for your injuries.
The third alternative is to make a claim from the CICA. This could mean compensation being paid for your injuries if they are the result of a violent criminal act, irrespective of whether anyone has been convicted of a crime.
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.
