In this guide, we will look at the process of claiming if you were attacked by a hospital patient while working due to an employer’s breach of duty of care. You might be wondering about the eligibility criteria for making this kind of claim; we will look at the duty of care that employers owe those who work for them, and how a breach that causes injury might mean you could be owed compensation.
We will also look at the steps that go into valuing claims covering physical and mental health injuries. To ensure that all areas of your claim are fully compensated, it might be useful to collect evidence in support of your case; we will look at some of the forms of evidence you can use. In addition to this, we will look at the benefits of working with a No Win No Fee solicitor on your claim.
If you get in touch with us, an advisor can assess your claim. If they feel that it’s solid and has a good chance of success, they could provide you with legal representation.
You can use the details below to get in touch:
Select A Section
- What Are Assaults In Health Care Settings?
- Can You Claim For Being Assaulted At Work?
- What Injuries Could You Suffer As A Result Of Workplace Violence?
- What Should I Do If Attacked By A Hospital Patient At Work?
- How Much Could I Claim If I Was Attacked By A Hospital Patient?
- Get Help If You Were Attacked By A Hospital Patient
The Health and Safety at Work etc. Act 1974 outlines the duty of care that employees owe those who work for them. They must take all steps that are considered reasonable and practicable to prevent their employees from coming to harm.
For example, an employer should provide the training needed to carry out a role safely. If you’re working in a healthcare setting, you might need specific training on how to handle violent patients.
Furthermore, they should ensure that there are appropriate staff levels for the job role at hand. For example, if there is a situation where staff need to work in pairs or groups, then this should be done.
Alternatively, if there is an employee who has to work alone, then steps can be taken to prevent them from being injured in an incident of workplace violence. This could include providing them with devices such as radios or phones that they can use to raise the alarm. The Health and Safety Executive, who is the health and safety regulator for Britain, provide information on protecting lone workers.
Please contact our team of advisors today to discuss your potential claim. You could be connected with a No Win No Fee solicitor from our panel to work on your case.
In order to make a personal injury claim, you need to show that:
- Your employer owed you a duty of care
- This was breached
- You were injured as a result of this breach
Below we have included some examples of how you could be attacked at work as a result of an employer breaching the duty of care they owe:
- Your employer fails to provide you with training to handle situations with violent patients. As a result, you are unable to handle the situation and are struck in the head, resulting in a concussion injury.
- You are given a radio to use to contact a security guard if a patient becomes violent, but this is faulty because your employer failed to check that it worked before giving it to you. This means that you are attacked and are not able to alert anyone to the incident.
Is My Employer Always At Fault For An Assault?
In some cases, your employer might have adhered to their duty of care in protecting you from harm, but an attack resulting in injury still happens despite this. You may be wondering if you could claim if this is the case.
The Criminal Injuries Compensation Authority (CICA) is a government-sponsored executive agency that can award compensation to victims of violent crime, which includes assault. They should be used as a last resort, meaning that you will not be able to claim through the CICA if it’s possible to claim against your employer for the incident.
In order to make a claim through the CICA for an attack, you would need to report the incident to the police. The incident must have occurred in England, Wales, Scotland or another relevant place, and you must have been injured as the direct result of a violent crime.
The amounts that are awarded in these kinds of claims are based on a tariff of injuries, so they will differ from the amounts that we discuss later on in this guide that apply to claims against your employer. To find out more about CICA claims in instances of workplace violence, speak with a member of our team today.
If you’re attacked by a hospital patient while carrying out your workplace duties, this could cause a range of different injury types. You could be compensated for physical and psychological injuries in a claim.
Below are some examples of injuries you could sustain in a workplace attack:
- Head injuries, including, for example, a traumatic brain injury
- Soft tissue injuries
- Breaks or fractures, such as a broken wrist
- Cuts, lacerations and scarring injuries
- A ligament or tendon injury
- Psychiatric injuries, such as post-traumatic stress disorder
If you would like to speak with someone about your particular claim, why not get in touch with our team today? You could be connected with a No Win No Fee solicitor from our panel.
You may wonder what can you do if you have been assaulted at work. Firstly, getting the correct medical treatment for your safety is important. In addition, if you make a claim, your medical records could be used as evidence of your injuries.
When you are able to, you can do the following to collect evidence:
- Take photographs of your injuries
- Collect CCTV footage of the assault
- Ask witnesses for their names and contact details, as they could provide a statement
- Ensure that your injuries are recorded in the company’s accident logbook
- If you have to make purchases because of your injuries, please keep the relevant receipts
Don’t hesitate to contact our team of advisors for free legal advice if an assault at work resulted in injuries to you. An advisor can assess the case, and if you have valid grounds to claim compensation, they may be able to appoint an expert solicitor to work on your case.
If you successfully claim for your injuries after being attacked by a hospital patient at work, your settlement could be made up of two different kinds of damages. You could receive:
- General damages to compensate for the pain, suffering and impact on your quality of life that your injuries have caused.
- Special damages for the out-of-pocket expenses your injuries cost you.
The table below includes figures from the latest version of the Judicial College Guidelines. Solicitors can refer to these guidelines to help them when they value claims. You should only use the table for information purposes as the amount you receive in the event of a successful claim will be based on your own circumstances.
|Severe (iii) Serious
|£39,200 to £54,830
|A commuted or serious compound fracture of the leg that necessitates a lengthy period of treatment.
|Very Serious (i)
|£30,490 to £45,540
|Multiple jaw bone fractures which need prolonged treatment and result in permanent effects, like pain, restriction in eating and the risk of arthritis.
|£26,590 to £39,170
|A significant pelvic or hip injury. If there is any permanent disability it will not be major.
|£27,760 to £38,780
|Any disability that persists will be less severe than in cases of more serious injuries; however, there may be a risk of ongoing pain and discomfort and osteoarthritis.
|£14,450 to £29,000
|For example, a severe crush injury that causes impaired function.
|£13,740 to £24,990
|A displaced fracture of the metatarsal bone. The foot is left with permanent deformity.
|£13,740 to £24,990
|Soft tissue injuries and lesions to discs that cause cervical spondylosis, limited movement and persistent pain.
|£13,740 to £21,070
|Severe crush injuries that lead to the loss of one or more of the minor toes.
|£12,770 to £19,200
|Damage to the shoulder causing a nerve injury that results in shoulder/neck pain, aching in elbow and weakness of the grip.
|£10,200 to £15,780
|Serious fractures of the cheekbones which require surgery and which have lasting impacts, such as cheek paraesthesia.
Special damages could cover costs such as:
- Lost earnings if your injuries stopped you from working
- The cost of medical treatment
- The value of gracious care from loved ones
- Adaptations to your home and/or vehicle to help you cope with an injury
If you make a criminal injury claim through the CICA, the way your compensation is valued and the heads of claim that could be awarded will differ. Speak with a member of our team today to discuss your case in more detail.
If you were attacked by a hospital patient and are looking to claim, then you might want to seek legal representation. The expertise and experience of a lawyer can make the process run more smoothly. A solicitor could help you whether you make an injury at work claim against your employer or a criminal injury claim through the CICA.
You could work with a No Win No Fee lawyer when making a claim for compensation. If they offer their services under a Conditional Fee Agreement, this allows you to access their services without paying upfront costs. You also won’t pay them as the claim progresses.
If you are not awarded compensation, then you will not be asked to pay your lawyer for the work they carry out on your case. If you do receive a settlement, then a legally-capped percentage of your settlement will be deducted as a success fee.
To see if you can claim compensation for an assault at work in a hospital with a lawyer from our panel, get in touch with our team today. You can:
- Call our expert team on 0800 073 8801
- Contact us online
- Chat with a claims advisor now using our chat feature
Related Claims For Assault
These guides might be helpful if you want to know more about claiming compensation for an assault.
Information on violence at work in the health services from the HSE
Violence prevention and reduction standard – a guide from NHS England
Statutory sick pay guidance from the government.
If you were attacked by a hospital patient and have any questions about making a claim, speak with a member of our team today.
Guide by HC
Edited by FS