By Joanne Jeffries. Last Updated 10th November 2021. Welcome to this case study which looks at personal injury claims payouts for assault at work.
In this case study which we have researched, we are looking at a case where a security guard suffered an assault at work. Through this case study we hope to demonstrate how having the right solicitor working on your claim will allow you to get the highest possible compensation settlement.
The claimant was a 56 year old security guard and was based at a depot in a part of London at the time of his assault at work. We should also note that the claimant was also a member of a trade union. As a result of the assault, the claimant was left unable to continue in his role as a security guard. The assault at work claim alleged that the claimant was repeatedly hit across their head. It was alleged that the perpetrator was the partner of someone who works at the council. Whilst the physical injuries suffered were not deemed to be serious, they did also lead to psychological injuries. As a result of the assault, the security guard was left traumatised severely. As a result of this, he was awarded a total of £180,000 in workplace compensation.
In this case the claimant first approached his trade union, the GMB before making his assault at work compensation claim. This was to obtain advice on what action he was entitled to take and what steps he should follow after the incident.
At Accident Claims UK we have helped people across the country to get the compensation they are entitled to after an accident or injury which happened in their place of work. Aside from being able to offer a comprehensive no win no fee legal service, we also have one of the best resources in the UK for advice on how to make a personal injury claim and time limits in which you’d need to claim. You can find out how to contact our team by scrolling to the bottom of this article. Whether you’re claiming for an assault in the workplace involving verbal abuse, physical abuse or have been the victim of an assault elsewhere and want to learn what the criminal injuries compensation authority CICA could do for you, why not get advice from our specialist solicitors, who not only help with accident at work claims for those injured in the work environment.
Assault At Work Statistics
The claimant in this case was physically attacked at work as a security guard. Before looking at the incident in which he was assaulted, we will look at how common it is for someone to suffer an assault at work. The following figures are taken from the CSEW, or Crime Survey for England and Wales, and the RIDDOR (reporting of injuries diseases and dangerous occurrences regulations).
- In 2016/ 2017 across the UK there were a total of 642,000 incidents of some form of violence whilst at work, such as an assault at work.
- Over the same period, there were a total of 326,000 employees experienced some form of violence whilst at work.
- The number of incidents of violence or threats in places of work has remained around the same level for the past decade.
You can find statistics for the number of people who have been threatened or physically attacked at work at this Health and Safety Executive link.
Other statistics which are related to the security industry show that overall there has been an increase in the number and rate of violent crimes across the UK. As such, there is a resulting increase in the demand for security guards, and the number of incidents of violent crime which they may face.
What Injuries Did The Assault At Work Cause The Security Guard?
In the claimants assault at work claim, it was alleged that he suffered injuries to his head and to his knees. However, these were identified to not be serious. The physical injuries consisted of bruising to the head and knee injuries necessitating an operation. However, the most serious consequence of the attack was the psychological trauma experienced as a result of the assault. This was severe enough that the claimant was not able to go out.
Prior to the assault, the claimant had worked for the council in a security role for the eighteen years. He also had a police licence which allowed him to work with the public. Following the assault, the claimant was unable to return to his job.
Before the incident, the claimant had provided several warnings to his manager stating that the security office should be made safer, preventing members of the public accessing the space. The workplace compensation claim also stated that the claimant should have been provided training in working alone in potentially dangerous situations and in how to be able to manage such situations. The assault happened due to a misunderstanding on the part of a partner of another worker for the council. This misunderstanding led to the assault.
When the claim was brought the council did admit their liability for the assault at work. The claim faced being brought to court. However, two days prior to the case reaching the court, the council offered a settlement of £180,000. As of the time of researching the claim, no charges have been brought for the attack.
Who Was The Defendant, And Did They Admit Liability?
In this case the council was the defendant as they were the employer and the party which should have provided the requisite training and safety provision for employees. Before instructing a personal injury solicitor, the claimant approached his union. This was because as a member of a union he was entitled to their help and advice in such as situation. The claimant then found a personal injury solicitor to assist with his claim.
As part of the assault at work compensation claim, the claimant stated that he had first informed his employer (the defendant in the claim) that there should be a better and more secure entrance to his office when he started the job. The employer had not taken any steps to rectify this situation.
The claimants personal injury lawyer stated that he was unable to go back to work after the incident, or even to go leave his home due to the trauma and how severely his confidence had been effected. Whilst the physical injuries could be recovered from, the psychological trauma would be much longer lasting. It was predicted that the claimant would have the psychological effects of the assault at work for the rest of his life.
It was assessed that if the council had taken the necessary steps, such as carrying out a risk assessment of the security staff operations, there would not have been the chance for the assault at work to have happened. By not carrying out such risk assessments, or providing their staff with the requisite workplace environment, the council had failed in their duty of care.
What Payout Was The Security Guard Awarded For Their Assault At Work?
As a result of the severity of what happened to the security guard and the assault he suffered, the personal injury claim payout for assault at work compensation reflected that he was unlikely to work again. It also reflected the fact that if he did, it would likely be for a minimum wage role. As a result the total amount of compensation awarded was £180,000.
The compensation included damages for the physical and psychological injuries. It also included damages for the loss of income suffered by not being able to work.
No Win No Fee Workplace Assault Claims
One of the most surprising statistics surrounding personal injury claims is that in as many as 40% of people who could be entitled to make a claim do not do so. This is even more surprising when you consider that by using no win no fee solicitors, you may well not have to pay and legal costs until you have had your claim settled. Aside from worries about the costs of taking legal action, thought by some to be very high. People also do not make claims because they are afraid of going to court if necessary, because they think that it is not worth doing so, and because they do not want to be seen as part of a litigious culture. However, claiming compensation only means going to court in the most rare of instances. If you have a valid claim, seeking personal injury compensation is a way to hold the party liable for your injuries to account, and we can see that the UK is not as litigious as other cultures, such as in the USA.
Conditional fee agreements are one the best most common and risk free ways of making a personal injury claim in the UK. Under this type of agreement, your solicitor will provide their services to you and pursue the claim on your behalf, without presenting any bill until such time that you have been awarded a compensation settlement. Hence the phrase, ‘no win, no fee’. At a time when you may already be facing financial hardships or difficulties, such as the claimant in this case having to leave their job, being able to make an assault at work compensation claim without having to worry about the cost can be very helpful.
Contact Us About Personal Injury Claims Payouts For Assault At Work Compensation
Have you suffered an assault at work? Are you looking to make a personal injury claim for compensation? If so, Accident Claims UK could help you to make an assault at work compensation claim. Our expert team will be able to explain the process of making a personal injury claim to you in a way which is easy for your to understand with as little technical jargon as possible.
We have excellent experience in helping people to claim for accidents and injuries which happened whilst at work. We can provide you with an assessment of your claim, without you having any obligation to make a claim with us. When you are ready to talk to us, there are several ways you can get in touch. These are as follows:
However you choose to contact Accident Claims UK, we are ready to talk to you today.
Could I receive personal injury claims payouts for assault at work compensation if a loved one died?
If you have lost a loved one in a fatal accident at work or wrongful death, you could claim compensation for them. Unfortunately, in 2020- 2021, according to the HSE statistics, 142 people were killed in work related incidents. You can see the causes of such fatalities in the graphic below.
When it comes to claiming compensation for the loss of someone you loved you may be surprised to learn that not only could you claim for their pain and suffering before their death, you could also claim for a bereavement award, and help towards funeral expenses. If you are financially dependent on the deceased person, you could receive some financial compensation to make up for the loss of financial income. If you would like to speak to us about making such claims in confidence, please call our team. We could get you free advice from a friendly solicitor with over 30 years of experience. They could help fight for compensation on your behalf.
Could I receive personal injury claims payouts for assault at work compensation from the cica?
In some cases, you could make assault at work claims against your employer. However, there are other assault claims that you could make through the Criminal Injuries Compensation Authority. We should mention that compensation payouts for such criminal injuries could differ from those made by an employer. This is because the Criminal Injuries Compensation authority has their own tariff by which they compensate victims of violent crime. Both general damages and special damages payouts for such claims could differ from those made by an employer.
How do I work out where personal injury claims payouts for assault at work should come from?
In general terms, if an employer has failed to protect you from at work that could be a foreseeable risk, you could make a claim against them. If you would like to talk to us about your case to see who your claim could be against and how much compensation you could receive, we would be only too happy to help you. We could provide you with a personal injury solicitor who is authorised and regulated by the Solicitors Regulation Authority, who could take on your claim and fight for the maximum settlement amount for your case. Please call our team today for a free, no obligation assessment and for guidance and support.
Do I need a local solicitor to receive personal injury claims payouts for assault at work compensation?
It is not necessary for you to choose a lawyer that is based near to where you live. Due to the advancements in technology, you could make your claim primarily by letter, telephone call and video call. Documents can be sent over the Internet, and your claim could progress as normal, no matter where in the UK your lawyer was based. We would be happy to provide you with a lawyer for your claim, no matter where in the UK you’re based.
Useful Links Relating To Personal Injury Claims Payouts For Assault At Work Compensation
Below we have included links to relevant pages on our site, such as how to make a no win no fee claim for an assault at work. We have also included helpful external resources which are helpful in the event of an assault which happened at work.
Assault At Work Compensation
If you have been assaulted at work you may wonder, what are my rights? Learn more about how to make a no win no fee assault at work compensation claim in this guide.
Violence At Work
This PDF made by the Health and Safety Executive contains a guide for employers in how to assist employees who may face aggressive or violent behaviour in the course of their employment.
Workplace Bullying And Harassment Government Advice
Advice from the government on how to deal with bullying and harassment at work in this guide produced by the government.
Employee’s can sometimes suffer from Post-traumatic stress disorder (PTSD) is an anxiety disorder caused by very stressful or a frightening or distressing event as a example if you are a security guard you might of been the victim of a armed robbery and had a gun pointed at you as a example.
Thank you for reading this case study covering personal injury claims payouts for assault at work.