By Jo Anderson. Last Updated 22nd November 2023. In this guide, we show how to claim compensation after being assaulted at work. Whether you were physically or verbally assaulted at work by a manager, or assaulted in the workplace by a service user or customer, we look at what you need to prove to make a claim.
We also offer a No Win No Fee service for anyone looking to pursue a personal injury claim. Simply get in touch with us for free to find out if you can claim.
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Select A Section
- I Was Assaulted At Work – Is My Employer Liable?
- What Is Considered a Workplace Assault?
- Do I Need Evidence To Make A Claim For Assault At Work?
- How Long Do I Have To Claim If I’m Assaulted At Work?
- I Was Assaulted In The Workplace – How Much Compensation Can I Receive?
- Assaulted At Work Claims With A No Win No Fee Solicitor
- Useful Links On Claiming Compensation If Assaulted At Work
Before we discuss the average payout for an assault at work, we will first discuss when you could make a personal injury claim if you were physically attacked at work.
Your employer has a duty of care to take reasonable steps to ensure your safety while you are working. This is their duty of care, and it is outlined within the Health and Safety at Work etc. Act 1974.
To protect you from being assaulted at work, they should respond to any reports of threats effectively. If you are at risk of physical violence against you, they should put in measures to keep you safe, such as taking you away from those who pose a significant threat and contacting the police where appropriate.
To be able to make a claim for assault at work compensation, you will need to prove that you were injured due to your employer breaching their duty of care. For example, if you reported to your employer that you were being threatened and they took no steps to help ensure your safety, resulting in you being physically attacked and injured, they could be liable for your injuries.
Contact our team of advisors today to discuss your case and receive free advice.
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
- 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 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
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.
If you have been assaulted at work and would like to claim against your employer, you will need to have evidence. This must show that employer negligence caused you to suffer injuries during an assault.
Examples of evidence that could support a claim for injuries caused by employer negligence include:
- Witness contact information. If anyone saw the assault, you could note their contact details so they can provide a statement at a later date.
- Accident log book. There’s a legal requirement for workplaces to have one if they employ 10 or more people. This should be filled in with details of the assault.
- Assault footage. This could be from CCTV or a mobile phone.
- Photographs of your injuries. If your injuries were visible, such as bruising, you can photograph these.
- Medical records. These will include the date you sought treatment. In addition, you could be asked to attend an independent medical exam, which will assess the effects of the injury on your lifestyle as well as the severity.
If you’ve been threatened at work by a co-worker in the UK and this has impacted your mental health, call our advisors. They can assess whether your claim is valid. If it seems eligible, you could be connected to one of our No Win No Fee solicitors.
If you are eligible to seek personal injury compensation after you were assaulted at work, you must start legal proceedings within the time limit set out by the Limitation Act 1980. This is typically 3 years from the date of the incident.
However, in certain circumstances, there are time-limit exceptions. These include:
- Those who lack the mental capacity to make a claim for themselves. These claimants have an indefinite suspension to the limitation period. During this time, a court-appointed litigation friend can act on their behalf. However, if the claimant recovers this mental capacity and a claim was not brought forward on their behalf, they will have three years from the date of recovery to begin proceedings.
- Those under the age of 18 have this limitation period paused until their 18th birthday. Before this point, a litigation friend can bring forward a claim on their behalf. Once they turn 18, they will have three years from their birthday to begin the legal process if a litigation friend has not already done so.
If you’ve been assaulted in the workplace and would like to know if you could be eligible to make a personal injury claim, you can contact our advisors. They can also inform you of the time limits if you are making your claim through the CICA.
If you’re eligible to claim compensation after being physically attacked at work, and your claim is made against your employer, your compensation could include general damages and special damages.
General damages compensate you for the pain and suffering of your injuries. These can be mental and physical in nature. When calculating general damages payouts for such claims, solicitors could refer to the Judicial College Guidelines (JCG). The JCG is a publication that provides guideline payout brackets for different injuries and their severities. You can see some examples of figures from the 2022 edition of the JCG below. These are only meant as guidance, however.
|Multiple Serious Injuries Plus Special Damages||Multiple injuries plus compensation for special damages such as care costs.||Up to £100,000+|
|Psychiatric Damage Generally - Moderately Severe (b)||Significant difficulties coping with life but with a more positive prognosis than in a more severe case.||£19,070 to £54,830|
|Wrist Injury (b)||The injury results in a significant disability that is permanent, however some useful wrist movement will remian.||£24,500 to £39,170|
|Hand Injury - Severe Fractures to Fingers (f)||This may result in partial amputations that will impair the hand's grip and result in a deformity.||Up to £36,740|
|Fractures of Jaw (ii)||A serious jaw fracture with permanent consequences that makes it difficult to open the mouth or eat||£17,960 to £30,490|
|Skeletal Injury||Multiple facial fractures that result in a permanent facial deformity.||£14,900 to £23,950|
|Fractures of the Nasal Complex or Nose (i)||Multiple fractures that will require surgery and will cause permanent damage to the airways making it difficult to breathe.||£10,640 to £23,130|
|Shoulder Injury - Serious (b)||The shoulder is dislocated with the lower part of the brachial plexus damaged. This will cause aching in the arm with pain in the shoulder and neck.||£12,770 to £19,200|
|Arm Injury (d)||The forearm suffers a simple fracture.||£6,610 to £19,200|
|Damage to Teeth (i)||Several front teeth are either damaged or lost entirely.||£8,730 to £11,410|
Successful claims for being assaulted in the workplace could also include special damages. This is another head of claim; it compensates you for expenses caused by your injuries, such as:
- Loss of earnings
- Care costs
- Medical expenses
- Travel expenses
You will need relevant evidence to support your claim for special damages, so it would be wise to keep documentation relating to the above expenses, such as bills and receipts. You could then provide them to your solicitor so they could include such costs within your claim.
If you would like personalised advice on how much you can claim, you can contact an advisor.
If you’re making a claim for injuries you suffered after being assaulted at work, we recommend getting help from a solicitor who has previous experience handling assault at work claims. After discussing your claim with one of our advisors, they could connect those who have a valid case with one of our solicitors. Additionally, they may offer to work with you on a No Win No Fee basis with a Conditional Fee Agreement.
When working with a solicitor on a No Win No Fee basis, you won’t have to pay any upfront legal fees. You also don’t have to pay your solicitor for their services if your claim fails. Instead, a success fee is paid to your solicitor should your claim prove to be a success. The success fee is a legally capped percentage that’s subtracted from the compensation awarded to you.
For more advice on making a claim if you have been assaulted at work and the compensation you could receive for your injuries, you can contact our team. Our friendly advisors are available 24/7 to help answer your questions and offer you free advice.
Contact our advisors by:
- Calling on 0800 073 8801
- Online through our contact form.
- Or you can use our 24/7 live chat feature.
For more information on how to claim, the following links listed below may be of use to you:
- If you’ve suffered a back injury at work, you may want to learn more about your legal rights. This guide provides that vital information, as well as guidance on the average compensation payout.
- 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.
Finally, thank you for reading our guide about claiming compensation for being assaulted at work.