By Marlon Fawkes. Last Updated 28th July 2022. Welcome to our guide on assaulted at work compensation claims. In this guide, we show how to claim compensation against another employee after being assaulted at work. Whether you were assaulted at work by a manager, or assaulted at work by a service user, we look at what you need to prove to make a claim. We also answer questions such as ‘can you sue for assault if you are an employee assaulted at work?’
I was assaulted at work – could I claim
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 patient in their care is unacceptable.
Employers, therefore, have a responsibility to protect their staff, running risk assessments to identify potential hazards and applying effective control measures to protect their staff from potential risks to avoid workplace accidents and incidents such as violent assault. This is especially true in a potentially dangerous work environment such as a nightclub, hospital or care home for vulnerable people who are not mentally competent.
I was assaulted at work – could I claim?
The responsibility to provide a practically safe working environment falls on your employer. They should address any risks that develop in your place of work, and make sure there are protections in place for expected or common hazards.
An assault at work can be verbal, physical or sexual. If an employer fails to properly address the risks they could be found liable for an injury if an employee were to be assaulted.
Another type of assault can be repeated bullying or harassment by a colleague. It is an employer’s responsibility to make sure this type of concern is addressed. If your employer fails to take sufficient actions against harassment in the workplace, you could be eligible to make a claim against them.
This guide will talk about all the different ways you could make a claim following an assault at work and give you information about how to begin a claim.
Could I claim compensation against another employee?
If you have been assaulted at work in an incident that 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. Still, you could claim compensation for an assault at work or after 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 claiming against the person who attacked you.
I was assaulted at work by a manager – could I claim?
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 accident claims solicitors firm that can help you claim 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 compensation case is legitimate, they will match you to the best solicitor to handle your claim. Whether you’d like to start a claim or would simply like more information on assault at work compensation claims, we’re happy to help. In the meantime, please enjoy our guide on how to claim compensation against another employee.
Select A Section
- A Guide To Assault At Work Claims
- What Is Considered a Workplace Assault?
- How Can A They Make You Feel?
- What Should You Do If You Experience An Assault In The Workplace
- How To Start Your Workplace Assault Claim
- Who Can You Claim Compensation From?
- I Was Assaulted In The Workplace, Is My Employer Liable?
- Can I Be Sacked If I Make A Compensation Claim Against An Employer?
- What Can My Workplace Assault Compensation Claim Include?
- Statistics For Assaults in the Workplace
- Can I Claim Compensation For Verbal Assault In the Workplace Or By A Colleague?
- Can I Claim Compensation If Was Assaulted Whilst On Duty As A Bouncer?
- Can I Claim If A Customer Assaulted Me Whilst At Work?
- I Was Assaulted By A Colleague At Work Can I Sue?
- Can I Claim Compensation If I Am A Teacher Who A Pupil assaulted?
- Can I Claim Compensation If I Was Assaulted Whilst Driving My Taxi or Minicab?
- Can A NHS Staff Such As Doctors or Nurses Make A Claim If Assaulted Whilst on Duty?
- Healthcare Worker Assaulted At Work By A Patient
- How Is The Severity of Your Injury Assessed After A Workplace Assault?
- What are the Assaulted at Work Compensation Payouts for 2022?
- No Win No Fee Claims for Assaults In The Workplace
- Why Choose Accident Claims UK To Claim For Assaulted At Work Compensation?
- Useful links
Welcome to our guide on how to claim compensation against another employee. You could make a workplace assault compensation claim if you suffer injuries in an assault in the workplace by a colleague or a customer, for example. This could allow you to seek damages for your injuries in the way of financial compensation.
Whether you experienced a physical, verbal or sexual assault in the workplace or a combination of the above, it can be very traumatic. 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, can I claim compensation?” or “what are my rights as the victim of an act of violence in work?”. In this guide, we will explore different types of workplace assaults, review what your rights are if you experience an assault in the workplace, advise you on how to claim compensation for an assault and how much compensation you can receive for assault at work claims.
You may wish to claim compensation against another employee after being assaulted. 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 that may lead to assault at work compensation claims:
Types of physical abuse or assault at work
- For example, physically attacking another person: punching, slapping, scratching, biting, or throwing an object at someone.
- Pulling 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 that 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 that 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 someone
- Pressuring 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 sexual abuse or sexual assault in the workplace, who assaulted you can make a difference in how assault at work claims should be handled. A person may have assaulted you with a legitimate connection to the company, such as an employer, another employee or a delivery person.
I was assaulted at work by a service user – could I claim?
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.
To find out more about assault at work compensation claims, read on, or call our team today to have any questions on how to claim compensation against another employee discussed.
Suppose you have been physically attacked at work, verbally abused or sexually assaulted. It can be a traumatic experience that can wreak havoc on your personal and professional life. It can even cause Post-Traumatic Stress Disorder (PTSD) or other serious psychological injuries in extreme cases.
Assaulted At work? Compensation Could Include Psychological Injury Damages
If you are physically assaulted, the pain and suffering caused by your injuries can have a negative psychological impact. If you want to claim compensation against another employee, please be assured that everyone at Accident Claims UK has been trained to handle your claim in a sensitive and non-judgemental manner.
Have you been the victim of an assault at work? If so, you can take the following steps to successfully claim compensation against another employee. If you are unable to collect this information when you were assaulted, you can ask a friend or colleague to do so for you.
Seek medical help if you’re assaulted at work – compensation claims could depend on medical evidence
It goes without saying that if you experience an assault in the workplace, which causes you to become seriously injured, you should immediately seek medical help. Seeking immediate medical treatment will also create evidence to support your claim. 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 treatment or medication that you should be prescribed. Your personal injury solicitor will put use this report to put forward.
Collect relevant details
You should also collect the contact details of anyone who witnessed the assault, which may be able to offer evidence to support your claim during the enquiry. Assault at work compensation claims will be stronger the more evidence you collect, and so an eyewitness testimony could be key to your claim’s success.
Make a note of what happened
Make detailed notes with information on the exact details of the assault at work 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.
Assaulted at work? Compensation could be claimed for any related expenses
Immediately after the attack and in the future, you should keep a record of any expenses you incur due to 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 while claiming compensation for an assault at work.
If you’d like to know more about how to make claim compensation against another employee, employer or customer, please read on or call us today, and we’ll be happy to answer any questions you have.
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, claim compensation against another employee?”. As long as you did not cause the assault by assaulting the assailant who defended themselves by hitting back, 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 assaulted at work 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.
You may be wondering whether you could claim compensation against another employee. The payee of the compensation claim is determined by whose fault the assault was. If the assault was able to occur 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 that was launched in 1964 to help manage personal injury claims in the UK due to criminal injury.
If you’d like more information on assault at work claims, get in touch with us today.
If your employer didn’t directly attack you, they might still be held accountable for 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, such as a security guard. Here are some common examples of negligence on the part of employers that can lead to assaults at work resulting in assault at work compensation claims:
- Lack of or insufficient training – If your employer failed to train you about handling dangerous 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) legally required, they might 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.
Many claimants who have been assaulted at work worry that claiming compensation will create tensions between their employer and them and 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 firm ground for claiming compensation for unfair dismissal.
Read on to find out more about what assault at work claims can include. Or, if you’d like to know more about assaulted at work claims, we’ll be happy to answer any questions that you have.
After “I was assaulted at work, claim compensation against another employee?” one of the most common questions we’re asked is “how much could I be owed for an assault at work?” 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 that 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 could also claim compensation for their troubles.
Read on for statistics and information on violence in the workplace. Or, if you would like more information on assault at work compensation claims from a friendly and knowledgeable member of our team, give us a call today.
Within this section of the guide, we wanted to take time to outline some key statistics relating to an accident at work. Within the section that follows, we have included some critical information that outlines the rate of workplace injury in 2019/20. However, please keep in mind that these statistics are not a direct repercussion of negligence, and so not all cases detailed below will be grounds for assaulted at work claims. The Health and Safety Executive (HSE) outlined that:
- 1.6 million people suffered from a work-related illness in 2019.
- Around £16.2 billion estimated costs were concerning ill health and injuries due to working conditions.
- 828,000 workers suffered from work-related depression, anxiety and stress.
- 347,000 workers suffered from a new case of stress, anxiety and depression in 2019/20.
- 32.5 million working days were lost as a direct repercussion of ill health.
- 111 workers died at work.
- There were 38.8 million working days lost due to ill health and workplace accidents.
As the graph below, based on different accidents in the workplace from HSE,
If you believe that your workplace accident was caused by negligence, then please reach out and speak to one of our advisers about assault at work claims. Our team could assist you and help you kick-start your case today. Whether you want to claim compensation against another employee, your employer, or someone else, speak to one of our advisors today if you have a valid claim.
Assault at work compensation claims can be made 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.
Are you wondering whether you could claim compensation against another employee for verbal assault? If you have experienced verbal assault at work, contact us today, and we will see if you can sue for being assaulted at work.
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.
Assaulted at work by a service user – could I claim?
You can sue your employer if you can prove that they had not taken the 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 or to have any questions around assault at work claims that you may have answered.
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. However, if necessary precautions were taken, and the assailant was not identified, caught or convicted, you can appeal to the CICA for compensation.
If you feel you have all the information you need and would like to get the Assault at work compensation claims process started, give Accident Claims a call today; they’ll be happy to start the process with you. Alternatively, please read on to learn how to claim compensation against another employee.
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, claim compensation against another employee?”. 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 or to have any questions related to assaulted at work claims answered.
Assault at work compensation claims can be made if the appropriate steps weren’t taken by a school or education institution. If a school pupil assaults a teacher, 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. In the case that the school failed to take necessary precautions to protect you, for example, recognise aggressive behaviour in the pupil you can sue for compensation.
If you’re a taxi driver who has been the victim of violence while working, please read on to see if you could make a claim. Would you like to know more about assault at work claims? If so, give us a call today; we’ll be happy to answer any questions you might have.
You may be wondering, “I was assaulted at work. Can I claim compensation as a taxi driver?”. 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. In the case that 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 or to find out more about the assaulted at work claims process.
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 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 you were working with a potentially dangerous patient, or you were understaffed in an A&E department during a busy time, 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 and advise you on your results are, and if you have a legitimate case, we will proceed with your claim for compensation for an assault at work.
Because healthcare workers like care home and nursing home staff work with mentally challenged people, employers need to take special precautions to ensure their staff’s safety. 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.
If you’re wondering how assault at work claims are calculated, then our section below will be of help to you. Alternatively, get in touch with Accident Claims today for information on assault at work compensation claims.
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 be taken into account, especially if you have experienced a workplace assault that didn’t leave a physical scar, like verbal or sexual abuse.
You may want more information about potential compensation for being assaulted at work. If the assault occurred because of employer negligence and you have proof to show this, you could potentially hold your employer liable for any injuries.
Furthermore, if your employer is negligent, you can also claim for psychological injuries caused by, for instance, being verbally attacked at work. This could cause depression or anxiety.
The Judicial College Guidelines provide clarity over what you could receive if you are able to claim due to employer negligence. These figures have been taken from the latest guidelines. Please remember that these figures are not guaranteed as your compensation amount can be dictated by many different aspects of a case.
|Reason for compensation||Typical compensation amount||Injury notes|
|Very Severe Brain Damage||£282,010 to £403,990||This bracket will include brain damage resulting in severe cognitive and physical disabilities. At the top end of the bracket there will be little or no meaningful response to environment.|
|Moderately Severe Brain Damage||£219,070 to £282,010||Injuries in this bracket will result in serious disability and a substantial dependence on others.|
|Minor Brain or Head Injury||£2,210 to £12,770||In these cases brain damage, if any, will have been minimal.|
|Severe Psychiatric Damage Generally||£54,830 to £115,730||In these cases the injured person will have marked problems with respect to life, work, education and relationships and there will be a poor prognosis.|
|Moderately Severe Psychiatric Damage Generally||£19,070 to £54,830||In these cases the injured person may have had some problems with respect to life, work, education and relationships, but there will have been marked improvement and a good prognosis.|
|Severe Post-Traumatic Stress Disorder||£59,860 to £100,670||In these cases, the injured person will be unable to function at anything approaching a pre-trauma level.|
|Moderately Severe Post-Traumatic Stress Disorder||£23,150 to £59,860||In these cases, although the injured person will be severely affected, there will be a better prognosis for some recovery with treatment.|
|Less Severe Post-Traumatic Stress Disorder||£3,950 to £8,180||Cases in this bracket will result in a virtually full recovery within one to two years.|
|Multiple Fractures of Facial Bones||£14,900 to £23,950||Injuries in this bracket will result in some permanent facial deformity.|
|Fractures of Nose or Nasal Complex (ii)||£3,950 to £5,100||Injuries in this bracket will involve displaced fractures where recovery is complete but only after surgery.|
|Fractures of Nose or Nasal Complex (iii)||£2,520 to £3,150||Injuries in this bracket will be involved displaced fractures requiring no more than manipulation.|
However, if you’ve been physically attacked at work, and there was no feasible way your employer could have prevented it, you would need to claim through the CICA. They have a separate tariff that shows how much you could receive if you need to claim through their scheme. You can potentially claim through them for any violent criminal injury that occurred in England, Wales or Scotland.
To learn more about claiming compensation, please contact our advisors for a free consultation. You can do so at a time that suits you using the above details.
If you want to claim compensation against another employee, you may be worried that assault at work compensation claims could leave claimants out of pocket. Luckily, 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.
Thank you for reading our guide on how to claim compensation against another employee after being assaulted at work. If you were assaulted, Accident Claims UK could provide you with a top solicitor to help you claim compensation for an assault at work.
Many of our solicitors 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 on 0800 073 8801 for advice on your rights if you are assaulted at work and claiming compensation for an assault at work. If you have a legitimate claim, we will proceed with the assaulted at work claims process right away.
Thank you for reading our guide on how to claim compensation against another employee after being assaulted at work. For more information on how to claim, the following links listed below may be of use to you:
- 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.
- Legal rights after an accident at work.
- Accident at work guide.
- Stress at work claim.
- What is a glass related injury?
- Factory Accident Claims
- How Much Could I Receive For A Pelvis Injury At Work?
- A Guide To Office Accident Claims
- Who Pays My Claim For A Work-Related Injury?
- Work Accident Claims – Accident Claims
- Can I Claim For A Broken Elbow At Work?
- Can I Claim If My Employer Has Ceased Trading?
- Is An Employee Eligible To Claim If They Did Not Report An Injury?
- Could I Sue An Employer For Negligence Leading To Injuries?
- How To Claim For A Fractured Toe At Work
- Can I Claim For A Fractured Collarbone At Work?
- How To Claim For A Crushed Foot At Work
- What Manual Handling Weight Limits Apply to Workplaces?
- Can I Be Dismissed After Making An Injury At Work Claim?
Assault at work claims- FAQs
To conclude our guide on how to claim compensation against another employee after being assaulted at work, here are some frequently asked questions about being assaulted at work and compensation claims:
What is considered assault in the workplace?
The definition of assault is when a person demonstrates behaviour that suggests that they are going to hurt you. If you are assaulted in your place of work, then one of the most important things you can do is seek medical attention. You should also notify your employer and the police.
Do I get paid if I get injured at work?
If you’ve been injured at work, your employer is not obligated by law to pay you sick pay, even if you are injured after a negligent employer. However, if you have to take time off to recover, these expenses could be factored into your case. Keeping documentation of any expenses, you endure after an accident that wasn’t your fault is crucial. By having documentation, you can support your case.
Can I get fired for getting injured at work?
By law, employees injured at work are within their rights to make a claim for a workplace accident, and your employer cannot punish or fire you. However, should you be fired or treated poorly after making a claim, this could be held against the employer for misconduct.
How much will I receive in compensation for a workplace assault?
The amount of compensation you’ll receive for an accident at work claim will depend on how severe your injuries were and the value of any special damages associated with your claim.
What can assault at work compensation claims cover?
As well as compensating you for the injuries you’ve sustained and the effect they’ve had on you, a compensation claim for assault in the workplace will cover any loss of earnings, medical costs or travel expenses that have resulted from your injuries.
How long do assaulted at work claims take to settle?
This depends on a number of different factors, including the complexity of the case and whether liability is clear-cut or in dispute.
Can I claim for sexual assault in the workplace?
Yes. If the assault has resulted in you being injured, either physically or mentally, then you can claim compensation.
How long do I have to claim for workplace assault?
If you’re making a claim against your employer for workplace assault caused by their negligence, then, like an accident at work claim, this must be made within three years of the incident taking place. For claims made to CICA, the time limit is two years from when the accident was reported to the police.
Can you sue for a minor assault?
If you experienced harm following an assault at work that resulted from your employer breaching their duty of care, you could be eligible to claim compensation.
Please be aware that the severity of your injuries may be taken into account when valuing your claim.
I was assaulted at work –do compensation rights extend to temporary workers?
There are various ways in which someone could be assaulted at work. For instance, you might be assaulted by a co-worker or assaulted at work by a manager. Alternatively, a customer may have assaulted you. The process of claiming may differ depending on the situation.
However, if you are a temporary worker, your employer still owes you a duty of care to do everything they reasonably can to prevent you from experiencing harm. If they failed to do so, you may be eligible to claim against them.
I was an employee assaulted at work by my manager – could I be sacked for claiming?
Your employer has a duty of care towards you. They should take reasonable steps to prevent you from suffering harm at work.
If your employer was liable for the assault at work that caused your injuries, you may wish to claim. However, you may have concerns about doing so.
Legally, your employer cannot sack you for making a claim. If they did, you could make a claim against them for unfair dismissal.
I was assaulted at work – does compensation include loss of earnings for time off work?
If you make a successful claim against your employer, your settlement may comprise special damages. These cover financial losses incurred as a direct result of your injuries. For that reason, you may be able to claim back any loss of earnings as part of your claim.
If you’re making a CICA claim for assault at work, you could be eligible to claim back lost income but it is calculated and awarded differently. Please call us to find out more.
What workers are most at risk?
Unfortunately, 2014/15’s Crime Survey for England and Wales has found that the more contact workers have with the general public, the greater risk of violence at work they face. The most high-risk occupations identified by the survey were those in protective services, such as fire service, police service, prison service and PCSOs. Such occupations face a ten percent chance of facing threatening behaviour or assaults at work. The next highest risk group is those in health and social care. Other occupations that present a higher risk include:
- Hotel and catering workers
- Public transport workers
- Benefits staff
- Personnel officers
I got in a fight at work, can I claim?
Sometimes the situation in a workplace can become heated and a fight could break out. If you are injured in a fight at work that you were involved in, it could be difficult to prove that you weren’t at fault. Doing so could involve drawing on evidence such as CCTV footage, witness details and more.
Should I report an assault at work to the police?
We would always urge you to report an act of violence against you to the police, even if you don’t intend to make a claim for compensation. Violence against other people isn’t acceptable and the police should deal with acts of violence to protect members of the public.
You can get support as a victim of a violent assault from the police too – they could help you access to support, or you could contact one of the victim support charities if you prefer. Some of them have trained staff that you can talk to about what’s happened and get the support you need.
Thank you for reading our guide on how to claim compensation against another employee after being assaulted at work. Hopefully now you’ll know more about being assaulted at work and compensation rights.