I was assaulted at work – can I claim compensation?

assault at work Workplaces are supposed to be safe places, where we as employees can get on with the job we’re supposed to do. A worker receiving physical, sexual or verbal abuse, assault or harassment from a colleague, customer or a patient in their care, is unacceptable. Employers, therefore have a responsibility to protect their staff, running risk assessments against to identify potential hazards and applying effective control measures to protect their staff from potential risks. This is especially true if you work in a potentially dangerous environment such as a nightclub, hospital, or a care home for vulnerable people who are not mentally competent. If you have been assaulted at work in an incident which could have been avoided if your employer had put proper control measures in place to protect you, then your employer has acted negligently. Therefore you could be legally entitled to compensation for assault at work. Clients often ask us “how much can I claim for an assault at work?” Amounts differ greatly depending on the severity of your injuries and other factors, but you could claim tens of thousands of pounds in compensation for an assault at work, or being physically attacked at work. If your employer took all the necessary precautions to protect their staff from assault, then you may be able to claim compensation for an assault at work from the person by suing the person who attacked you.

If you have been assaulted at work by a customer, assaulted at work by a colleague or assaulted at work by a patient in your care, we can help you claim the assaulted at work compensation that you are entitled to receive. We are Accident Claims UK, a well respected personal injury solicitor’s firm, who can your claim for compensation for assault at work. We work with solicitors that have up to 30 years of experience seeking justice for victims of assault, so you’re bound to be in good hands. Call us today on 0800 073 8801 for your free consultation with an understanding legal adviser. They can let you know if you have a valid claim, how much your claim could be worth and if your case for compensation is legitimate, they will match you to the best solicitor to handle your claim. Call us today to begin your assault accident claim, we’re looking forward to hearing from you.

Select A Section

A Guide To Assault At Work Claims

Whether you experienced a physical, verbal or sexual assault in the workplace or a combination of the above, it can be very traumatic and it can have a detrimental effect on your personal and professional life. If you have suffered or have experienced an assault or violence in the workplace, you should be entitled to make a compensation claim. Many clients say to us “I was assaulted at work, what are my rights?” In this guide, we will explore different types of workplace assaults, review what your rights are if you experience an such an assault in the workplace, advise you on how to claim compensation for an assault and how much compensation you can claim for an assault.

What Is Considered a Workplace Assault?

An assault in the workplace can be verbal, physical, sexual or a combination of these types of assaults. Here are some common types of physical assault that happen in the workplace:

Types of physical abuse or assault at work

  • Physically attacking another person, for example: punching, slapping, scratching, biting, or throwing an object at someone
  • Pulling a someone’s hair
  • Spitting at someone
  • Assault with a weapon
  • Setting an aggressive dog on someone, or threatening to do so (this includes misusing a dog that works on the premises such as a guard dog)

Types of verbal abuse or assault at work

  • Verbal abuse. This could include calling people names which are derogatory towards the person’s race, gender, sexuality or another personal factor)
  • Staring menacingly at someone
  • Making a verbal threat, this includes a threat of violence, or threatening demotion or the sack on unreasonable terms
  • Threatening an employee with demotion or the sack if they air grievances, or if they voice any complaints or act as a whistleblower about internal problems within the company
  • Insisting that an employee or colleague at work carries out actions which are against the companies own regulations
  • Writing graffiti about a victim

Types of sexual assault and abuse at work:

  • Trying to solicit sex from a victim, often in exchange for a job offer or a promotion, or threatening their career if they refuse
  • Exposing someone to sexual material or material purported to be in some way offensive
  • Exposing sex organs to a someone
  • Pressuring a someone such as an employee or colleague into going on an activity such as a date, often done in exchange for a job offer or a promotion, or threatening their career if they refuse
  • Unwantedly touching an employee or colleague whilst working
  • Making sexual comments towards someone or about someone else

If you are going to sue for compensation for an assault in the workplace, who assaulted you can make a difference to how your claim could and should be handled. You may have been assaulted by a person with a legitimate connection to the company such as an employer, another employee or a delivery person. You could also be assaulted at work by a customer or assaulted at work by a patient (if you work in medical care). You could also experience an unprovoked attack by someone who does not have a legitimate connection to your workplace, such as a burglar who you catch trying to rob the premises.

How Can They Make You Feel?

If you have been physically attacked at work, verbally abused or sexually assaulted it can be a traumatic experience which can wreak havoc on your personal and professional life. In extreme cases it can even cause Post-Traumatic Stress Disorder (PTSD) or other serious psychological conditions. If you are physically assaulted, the pain and suffering caused by your injuries can have a negative psychological impact. Please be assured that everyone at Accident Claims UK, has been trained to handle your claim in a sensitive and non-judgemental manner.

What Should You Do If You Experience An Assault In The Workplace

Have you been assaulted at work? If so, you can take the following steps to add weight to your claim. If you are unable to collect this information at the time that you were assaulted, you can ask a friend or colleague can do so for you.

It goes without saying that if you experience an assault in the workplace which causes you to become seriously injured, you should seek medical help immediately. Seeking immediate medical treatment will also create evidence to support your claim, such as the doctor will provide a medical report that will serve as an official record of your injuries, how severely you have suffered and the recommended a treatment or medication that you should be prescribed. Your personal injury solicitor will put use this report to put forward.

You should also collect the contact details of anyone who witnessed the assault, who may be able to offer evidence to support your claim during the enquiry.

Make detailed notes with information on the exact details of the assault at work that you were involved in. You should always report the incident to your employer unless they were the person, or persons, who assaulted you. Your employer is legally required to keep an official record of accidents, incidents, and assaults. This is commonly called the accident report book, though it may be a digital file. The incident should be recorded here. this will serve as extra documentary evidence in your claim.

Immediately after the attack and going forward, you should keep a record of any expenses which you incur, as a result of your injuries. This can include medical expenses, travel and parking expenses, expenses for psychological treatment or any at home care you may have undergone. You may be able to claim these expenses back as part of your compensation settlement. The receipts will also serve as evidence of the extent of damage your injuries caused you, during the process of claiming compensation for an assault at work.

How To Start Your Workplace Assault Claim

Many clients come to us asking questions like “I was assaulted at work, what are my rights in the UK?” or “I was assaulted at work – am I eligible to sue my employer for compensation?” As long as the assault was not caused by you, for example, you assaulted the assailant and they defended themselves by hitting back then you are legally entitled to claim compensation for an assault at work. Clients also ask us “How much can I claim for an assault at work?” – many of these claims are worth in the tens of thousands of pounds, or even higher depending on the situation and extent of your injuries. To claim compensation for an assault at work, you need to hire a personal injury solicitor to help you. Trust Accident Claims UK to provide you with a top solicitor to help you sue for compensation. Call us today for your free consultation with one of our friendly legal advisors. If you have a legitimate case, we will then conduct your compensation claim, giving you the option to make a conditional fee agreement claim if you wish.

Who Can You Claim Compensation From?

The payee of the compensation claim is determined by whose fault the assault was. If the assault was able to take place because your employer failed in their duty of care to you and did not take appropriate measures to protect you as an employee, they will be the Defendant in your compensation claims case. If your employer is not liable or responsible and the assailant was not identified, caught or convicted, you can make out your claim to the CICA (Criminal Injuries Compensation Authority). The CICA is a government agency which. It was launched in 1964 to help manage personal injury claims which happen in the UK due to criminal injury.

I Was Assaulted In The Workplace, Is My Employer Liable?

If your employer didn’t directly attack you, they may still be held accountable for you being physically attacked at work, or verbally or sexually assaulted at work by a colleague, if they did not take proper measures to protect you. This is especially so if you work in a potentially dangerous environment, for example as a security guard. Here are some common examples of negligence on the part of employers, that can lead to an assault at work:

  • Lack of or insufficient training – If your employer failed to train you about how to handle dangerous or individuals, they could be held responsible for your injuries.
  • Incorrect or insufficient (PPE)personal protective equipment – If your employer did not give you the correct personal protective equipment (PPE) which is legally required, they may be liable for your assault. This is especially so if you work in a potentially dangerous environment.
  • Ignoring a prior history of abusive or violent behaviour – For example, the employer ignored signs of violent or intimidating behaviour in a colleague and not taken appropriate measures to discipline them? Another example is your workplace having experienced previous attacks, such as robberies and appropriate security measures not taking place.
  • Understaffing – Understaffing or leaving an employee by themselves in a potentially dangerous environment can make them more vulnerable to assault.

Can I Be Sacked If I Make A Compensation Claim Against An Employer?

Many claimants who have been assaulted at work worry that claiming compensation will create tensions between their employer and them and that this could result in them losing their jobs. However, this should not be a problem. Firstly, by law, your employer needs to be insured, so they will not be paying your compensation themselves. Secondly, if an employer fires you for seeking compensation, you would have a very strong ground for claiming compensation for unfair dismissal.

What Can My Workplace Assault Compensation Claim Include?

If you are claiming compensation for an assault at work, you can claim general damages for the attack, as well as for your physical and psychological injuries and the general ‘pain and suffering’ has been caused to you. You can also claim compensation for any medical expenses caused by your injuries including: medical expenses, travel costs, as well as any lost earnings if your assault meant you were unable to work for a period of time. You can also claim for care provided to you, meaning that if you were cared for at home by a friend or relative as you recovered from your injuries, the friend or relative who provided you with care can also claim compensation for their troubles.

Statistics For Assaults in the Workplace<

The 2016/17 Crime Survey for England and Wales (CSEW) states that there were 642,000 incidents which involved violence in the workplace. Over this time, 326,000 working-age adults experienced some type of violence. In 2017, there were over 250,000 reported incidents of violent assault in the workplace and over 400,00 threats of assault. Fortunately during the 2016/17 period, more than 60% of these assaults resulted in no physical injury, however, these attacks can still be psychologically damaging and hurt the victim’s moral. Attacks that resulted in an injury varied greatly in terms of severity.

Can I Claim Compensation For Verbal Assault In the Workplace Or By A Colleague?

You can claim compensation for workplace assault if you have suffered verbal abuse at work: including discrimination, harassment, and bullying. Discrimination could include sexism, racism or discrimination because of your sexuality, or discrimination because of your religion, or lack of religion. If you have experienced verbal assault at work, contact us today and we will see if you can sue for being assaulted at work.

Can I Claim Compensation If Was Assaulted Whilst On Duty As A Bouncer?

Are you are a bouncer who was assaulted by a customer or another member of the public whilst carrying out your duties? If you were not responsible for the injury (i.e. you did not first assault the person who harmed you) you can claim compensation for your injuries. You can sue your employer if you can prove that they had not taken necessary steps to protect you from the attack (for example, if they did not provide the training or PPE necessary). Call Accident Claims UK to enquire about making your claim.

Can I Claim Of A Customer Assulted Me Whilst At Work?

Have you been assaulted by a customer whilst carrying out your duties in the workplace? If so, you should have grounds to claim compensation for this assault. You can sue for general damages including the assault itself and the pain caused by your injuries as well as any mental suffering. You can also claim for expenses you incurred as a result of your injuries. If the assault was enabled to happen because your employer neglected your duty of care, then you can sue them for compensation for an assault at work. If necessary precautions were taken and the assailant was not identified, caught or convicted, you can appeal to the CICA for compensation.

I Was Assaulted By A Colleague At Work Can I Sue?

Have you suffered an assault at work by a colleague? Many of our clients who have been harmed by a colleague ask us “I was assaulted at work, can I sue?”. The answer is yes, if you have been physically attacked at work, verbally or physically assaulted at work then you can claim compensation for an assault at work, for which your colleague was responsible. Call Accident Claims UK, to see how much compensation you can claim for an assault.

Can I Claim Compensation If I Am A Teacher Who Was Assaulted By A Pupil?

If a teacher is assaulted by a school pupil, the school is required to take the following steps:

  • Suspend the pupil
  • Assess how to deal with the incident appropriately and fairly under the school’s disciplinary system
  • Report the incident to the police
  • Ensure the teacher is not asked to teach or supervise the pupil alone if they return to school

If you are a school teacher who was assaulted by a pupil you may be able to sue your employer if they did not take the necessary measures after the assault to deal with the violent pupil. If the school failed to take necessary precautions to protect you, for example, recognise aggressive behaviour in the pupil the you can sue for compensation.

Can I Claim Compensation If I was Assaulted Whilst Driving My Taxi or Minicab?

If you are a taxi cab driver who experienced assault at work by a customer in the UK you can claim compensation for assault at work. If there is evidence that your employer failed to take necessary precautions to protect you (for example not providing adequate training, or ignoring a customer’s record of violence and aggression), you may be able to sue them for compensation. If the assailant is not caught, convicted or identified you can make your claim with the CICA. contact Accident Claims UK, to begin your claim today.

Can A NHS Staff Such As Doctors or Nurses Make A Claim If Assaulted Whilst on Duty?

People who work in the medical field work hard to look after us when we are unwell or injured and should not have to worry about assaults at work. Sadly, many medical workers including doctors, nurses, NHS and private healthcare staff are assaulted at work by patients and others. Who is responsible for the injuries you experienced? If you randomly experience harassment or violence then the assailant is to blame. If your employer failed to take necessary measures to protect you when for example, you were working with a potentially dangerous patient, or you were understaffed in an A&E department during a busy time then you could sue your employer for your injuries.

Call Accident Claims UK, for advice about suing for being assaulted at work as a member of staff in the NHS by a patient. We will help you determine who is to blame, advise you on what your results are and if you have a legitimate case, we will proceed with your claim for compensation for an assault at work.

Healthcare Worker Assaulted At Work By A Patient

Because healthcare workers like care home and nursing home staff work with mentally challenged people, employers need to take special precautions to ensure the safety of their staff. This could be making sure that staff members aren’t left alone with residents, and that special training is provided. If you were assaulted at work by a patient in a care home or elsewhere, you could be entitled to claim compensation. Call Accident Claims UK for your free consultation and to get started.

How Is The Severity of Your Injury Assessed After A Workplace Assault?

If you claim compensation for an assault at work, Claims Advice UK will arrange for you to have a full medical assessment to determine how severe your injuries are. Factors the doctor will look at will include the extent of your injuries, what medical treatment you will need as a result and how long you may take to recover from these injuries. Psychological damage will also taken into account, especially if you have experienced a workplace assault that didn’t leave a physical scar, like verbal or sexual abuse.

How Much Can I Claim For An Assault?

Our clients often ask us “how much can I claim for an assault at work?” The answer is that this can vary greatly depending on many variables, such as the violence of your attack, the extent of your injuries and the extent of the violence that was involved. The table below is a compensation for assault calculator which is can give you average amounts clients claim for assault at work.

Reason for compensationTypical compensation amountComments
Mental anguish£3,550Genuine fear of the end of life, the fear of death.
Loss of future earnings£10,000 - £400,000Compensation is calcualted on the claimants current pay grade and their potential future earnings.
Loss of benefits£5,000 - £500,000This again is based on actual losses and the award can be higher than the 'maximum' indicated here.
Overall pain and suffering£1,000 - £200,000Awards are determined by the overall amount of pain and suffering experienced as a result of the accident and injuries.
Minor head or brain injury£1,675 - £9,700Awarded for minimal or no lasting brain damage. Settlement will depend on whether the claimant suffers headaches and other persistent symptoms experienced, as well as other factors.
More severe brain damage£214,350 - £307,000Compensation is set by the extent of the injury suffered as well as changes to life expectancy. For higher settlements there may be little to no language function and little to no meaningful responses to the victims environment.
Severe psychological injuries/ damage£41,675 - £88,000A claimant will experience serious issues with their ability to cope with life and work. They will also be considered to be vuInerable. The settlement will also account for how successful future treatment is projected to be.
Moderately severe psychological injuries/ damage£14,500 - £41,675Similar to the above category, but with a more optimistic prognosis.
Moderate psychological injuries£4,450 - £14,500There may be some problems in the future with vulnerability or the claimants ability to cope with life. The overall prognosis will however be good.
Milder or less serious psychological injury£1,170 - £4,450Compensation will look at the level and porjected length of any disability.

These are only average amounts. Call Claims Advice UK today and we can give you a more accurate estimation of how much you can claim for assault, based on taking individual factors in your case into account.

No Win No Fee Claims for Assaults In The Workplace

Advice Claims UK can offer you the option to make a No Win No Fee compensation claim. This means that you will only pay your solicitors fees if you win out of your final workplace assault compensation payout. You will receive the same excellent quality of service from your solicitor, without having to worry about paying an upfront fee. Because there’s nothing to pay unless you win your compensation claim, there’s less stress involved and less risk to you. Contact Accident Claims UK to enquire about making a no win no fee for assaulted at work compensation today.

Why Choose Accident Claims UK To Claim For Assaulted At Work Compensation?

If you were assaulted at work, Accident Claims UK can provide you with a top solicitor to help you claim compensation for an assault at work. Many of our solicitor’s have over 30 years of experience helping claimants like you, so you’re bound to be in good hands. We aim to get the maximum amount of compensation possible for our clients and provide an honest, caring service. Call Accident Claims UK today for advice on what your rights are if you are assaulted at work, and claiming compensation for an assault at work. If you have a legitimate claim, we will proceed with your case right away.

Useful Links

Harassment at work guide from the Citizens Advice Bureau

 

The Health And Safety Executive’s guide to workplace violence. A Government guide to workplace bullying and harassment.