Assaulted at Work – A Guide to Claiming Compensation

Did you know that if you’ve been assaulted at work as a result of your employer’s negligence, you might be entitled to sue them for compensation? Even in cases where your employer was not at fault, you could still claim compensation for your injuries through the Criminal Injuries Compensation Authority (CICA). In this guide about claiming compensation for an assault at work, you’ll find out some of the reasons why you could be compensated and when you could start a claim.

We offer free consultations to victims of workplace assault. One of our legal advisors could review your case with you, answer your questions and offer legal advice on your next steps. If it looks like you should receive compensation after being assaulted at work, you may be offered legal representation to help you begin a claim on a No Win, No Fee basis.

For a free assessment of your assault at work claim, you can:

• Call us on 0333 241 2519 to speak with a specialist.
• Ask questions via our live chat service.

Promptly seeking legal advice following a workplace assault can enhance the chances of receiving compensation for the pain, suffering, and monetary losses you’ve incurred due to being assaulted.

Can I Claim Compensation for an Assault at Work?

You might think that there is little an employer could do to prevent assaults in the workplace. However, as part of their duty of care under the Health and Safety at Work Act 1974, they do have to take reasonable steps to keep you safe. Failure to do so could be deemed negligent. In assault at work claims, that could be the case if:

• As a care worker, you were sent alone to support a service user who’d been aggressive in the past.
• You were assaulted in a bar because there was a lack of security staff.
• A colleague assaulted you after you’d told your employer that you were worried about them but nothing was done to support you.
• You were assaulted while working as the only officer on a prison wing.
• While working in a job centre, you were punched in the face because you’d not received training on how to diffuse dangerous situations.
• Your employer had not provided you with a stab vest whilst working as a security guard and you were injured as a result.

Therefore, you may have grounds to start a compensation claim for an assault at work if you can prove that:

• At the time you were assaulted, your employer owed you a duty of care.
• The assault occurred as a result of your employer’s negligence.
• The assault caused you to suffer physical or emotional injuries or both.

Please contact a legal advisor to check this for you. If you are not eligible to claim against your employer because they did nothing wrong, you could still be entitled to claim through the CICA scheme.

This is a government-backed compensation scheme for innocent victims of violent crimes. Importantly, to be entitled to claim CICA compensation, you don’t need to prove that anyone was negligent. Instead, you will need to prove that your injuries were caused by an unprovoked attack and that you have reported the crime to the police.

What Should I Do If I’ve Been Assaulted at Work?

If you’ve been assaulted at work, it’s important to ensure your safety, protect your legal rights, and address the incident appropriately. You can do this by:

• Going to a hospital or visiting a doctor as soon as possible to ensure that all injuries are treated and recorded.
• Report the workplace assault to your manager or HR department to ensure it is properly documented, and request a copy of the record for your files.
• Reporting the incident to the police.

Taking these steps can help you to address the assault appropriately, recover from the incident, and ensure that similar incidents are prevented in the future. At the same time, you will also have some evidence if you intend to sue for being assaulted at work.

What Evidence Can Be Used for an Assault at Work Claim?

If you intend to make an assault at work claim against your employer, you will need to supply evidence to strengthen your claim. This could include:

• CCTV footage of the assault happening.
• Medical records from the hospital or GP you visited to help prove your injuries.
• Witness statements from visitors, colleagues or customers who saw what happened.
• Photographs of any visible injuries.
• The police report if your assault was investigated.
• Details of any expenses caused by your injuries.

Importantly, if you claim through the CICA following an assault at work, much of the evidence listed above will be collected from the police officer who investigated your case. You don’t need to prove who assaulted you when claiming through the CICA. So long as the CICA investigator believes that, on the balance of probabilities, the assault took place, you could receive a compensation payout.

How Long Do I Have to Claim Assault at Work Compensation?

As with any type of workplace compensation claim, a 3-year time limit will apply if you wish to claim against your employer after being assaulted at work. This time limit is derived from the Limitation Act 1980. Usually, the time limit begins from the date of the assault for physical injuries. However, if you have developed psychological injuries the time limit might not start until they were diagnosed.

It is worth noting that CICA claims have a shorter 2-year time limit. This period also starts from the date you were assaulted but could be extended in exceptional circumstances.

To check how long you have to start an assault at work claim, please call our legal advisors now.

How Much Compensation for Assault at Work?

If you sue your employer after an assault at work and your claim is successful, your compensation will normally be based on general and special damages.

General damages cover the physical and psychological suffering you’ve endured. Your payment will be based on how much pain, suffering and loss of amenity was caused.

To put a value on this type of suffering, your solicitor will review injuries and compensation brackets listed in the Judicial College Guidelines (JCG) and compare them with the injuries detailed by your medical records.

Crucially, CICA claims for workplace assaults are valued differently. Instead of using the JCG, compensation payouts are based on the CICA fixed tariff of injuries. If your claim proceeds along this route, your solicitor will explain how much compensation you could receive after assessing your case in detail.

You may also be entitled to claim back any financial losses linked to the assault. This part of a payout is called special damages and could cover:

• The cost of remedial medical treatment such as private plastic surgery.
• Travel expenses.
• Loss of income (including future losses).
• Care and support costs.
• The cost of home adaptations deemed necessary to help you cope with any disabilities caused by the assault.

If your claim is accepted by one of our accident-at-work solicitors, they’ll use their experience and training to assess your claim in detail to ensure any settlement you receive compensates you fully.

Can I Claim for Someone Else Who Was Assaulted at Work?

If the injured party is left without the mental capacity to claim themselves, you could act as their litigation friend to seek compensation on their behalf.

Our solicitors can help you to apply but once you’ve been approved, you’d be able to deal with the claim and instruct a solicitor until the claim is resolved. If the claimant still lacks mental capacity when the claim is settled, their compensation will be managed by the court but you’d be able to ask them to transfer funds as required.

Can I Claim Compensation if I’m Not Employed Full-Time?

Earlier, we described how employers have a duty of care towards the safety of their employees while they’re working. That duty is the same no matter what type of employee you are.

For instance, assault at work claims may be possible whether you’re a full-time worker, contractor, zero-hours worker, temp, agency worker or self-employed consultant. As long as your employer’s negligence can be shown to be the reason why you’ve been assaulted whilst working, you could be entitled to compensation.

Please feel free to call our legal advisors to confirm your options.

Do You Need a Solicitor to Claim Compensation for Workplace Assault?

In terms of the law, there is no obligation to hire a solicitor if you want to sue your employer. Practically, though, having a legal representative on your side can make the claims process much easier. If one of our work injury solicitors agrees to represent you, their legal skills and experience should make your claim less stressful. They will also provide their services on a No Win, No Fee basis, meaning you’ll be sent a Conditional Fee Agreement (CFA) to sign at the beginning of the process.

The CFA means you won’t need to pay your solicitor up front, during the claim or if they lose the case. Should there be a positive outcome to your claim, you’ll have a percentage of any compensation payout deducted as a solicitor’s success fee.

For your protection, when using a CFA, the success fee percentage is capped at 25 per cent.

Will the Claim Go to Court?

If your employer accepts liability for the assault and offers a settlement that properly reflects your suffering, there will typically be no need for a court hearing. The same is true if they can provide evidence that they weren’t liable for your injuries.

These are the two ways most personal injury claims will be settled. Very few cases go to court except those where:

• Your solicitor believes there is enough evidence to support your claim; but
• Your employer won’t accept liability for the incident; or
• Their compensation offer is too low.

In general, solicitors will only book a court hearing for an assault at work claim as a very last resort.

How Long Do Assault at Work Compensation Claims Take?

The claims process for work-related assault claims varies because of several factors such as:

• Whether you’re making a claim against your employer or through the CICA scheme.
• The extent of your injuries.
• Whether the employer has accepted liability for your suffering.

Some straightforward workplace assault claims can be settled in a matter of 4 to 5 months. Generally, this is where you’ve recovered from your injuries and liability for the incident is not contested.

More complex cases can take longer and, in some cases, may exceed a year.

Contacting Us About an Assault at Work Claim

If you have decided to take action after being assaulted at work, we can help you to begin the claims process. To find out your best options, you can:

• Call our legal advisors on 0333 241 2519 now.
• Use our live chat service 24 hours a day.

You will receive no-obligation legal advice in your call and your advisor will answer any questions you think of. You could be connected with one of our solicitors if your claim is feasible. Crucially, this means your assault at work claim could be made on a No Win, No Fee basis.