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Read moreHave you been assaulted at work?
If you have been assaulted at work by a coworker, manager or customer, you could be entitled to make a compensation claim for assault
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Suffering from an attack anywhere can be devastating, but being assaulted at work, in an environment where you should feel safe and protected, can be all the more traumatic. If you have been abused, threatened or physically attacked at work, you may be eligible to claim compensation.
An assault in the workplace could happen anywhere, but some jobs are more at risk. These include police, security workers, medical staff and shop workers.
Your employer has a legal duty to take reasonable steps to protect your health and safety at work. If they have failed to do so and you suffered an injury, call 0800 470 0474 to find out if you could start an assaulted at work claim. Alternatively, enter your details here to receive a call back from a friendly legal adviser.
If you would like to speak to a legal adviser about making a claim, call free on 0800 470 0474 or click here to request a call back.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.
The Health and Safety Executive has defined violence at work as “Any incident in which a person is abused, threatened or assaulted in circumstances related to their work.” All employers have a legal duty of care to their employees to minimise risks and provide protection from harm. These obligations are outlined by the Health and Safety at Work etc. Act 1974. The Act stipulates how employers can safeguard their staff from foreseeable dangers in the workplace, and this extends to assaults at work.
Several jobs are especially at risk or commonly suffer assaults in the workplace. These include:
It is the responsibility of your employer to carry out thorough risk assessments to ensure that threats are minimised. Even if your employer conducted risk assessments and made appropriate provisions against potential risks, it may still be possible to claim compensation from a government body, and your solicitor will be able to help you determine the liability of your assault at work and direct your claim appropriately.
An assault in the workplace does not necessarily need physical contact or actual harm to occur. It also refers to any intentional act that causes someone to fear that they are about to be physically harmed. It focuses on the intent and the perception of the victim and may include:
These are just a few types of abuse that may entitle you to make an assaulted at work compensation claim.
If you have suffered from an assault at work due to an avoidable and foreseeable risk, your employer may be liable for your injuries and suffering. Unnecessary and recognisable risks should be apparent following a thorough risk assessment. If your employer has not acted according to the health and safety legislation, they will likely be considered negligent.
As a general rule, a solicitor will help you make an assaulted at work claim if they can prove the following:
If you were injured in the last three years and can prove a breach of duty, you are eligible to claim workplace assault compensation. You can usually start a claim if you were:
If you were assaulted by a coworker, client, visitor or another individual at work, there are several steps you should follow. You should prioritise your safety and well-being while ensuring you have the evidence you need if you decide to claim compensation later. These steps include:
If you had the misfortune to be physically attacked at work, you may decide to make a compensation claim for your pain and suffering. Some evidence you could use to support an assaulted at work claim includes:
If your employer took all reasonable measures dictated by the Health and Safety Executive (HSE) and relevant legislation, you will not be able to claim against them. In this case, whether a coworker or another person assaulted you, your employer cannot be held liable.
In such instances, you may be entitled to compensation from the Criminal Injuries Compensation Authority (CICA). The CICA operates a compensation scheme for people injured through a violent crime. To qualify for criminal injuries compensation, you must meet the following criteria:
Even if the assaulter cannot be identified, charged or prosecuted, you may still be able to claim compensation for an assault through the CICA. An experienced solicitor can manage everything for you and make the claims process as smooth as possible. To arrange a free case assessment, call 0800 470 0474 or request a call back.
No. Making a legitimate claim following an assault in the workplace should not cost you your job. If your employer was to blame for not following the health and safety legislation, you are well within your right to claim compensation.
Employers are legally prohibited from sacking or penalising you in any way because of your claim or reporting unsafe working conditions. Whether your claim is successful or not, they cannot treat you any differently for taking this action. To do so would be classed as unfair or constructive dismissal, and you have the right to challenge this through an employment tribunal.
If the tribunal finds that your dismissal was unfair, they may order your employer to reinstate you, offer you compensation, or take other appropriate actions to remedy the situation.
If you are worried about starting a claim against your employer, you should also know they are legally required to hold employers’ liability (EL) insurance. This means they will not pay the compensation for assault at work themselves and will not be left out of pocket.
Employers are legally responsible for ensuring the health, safety, and welfare of their employees during their work activities. These responsibilities are outlined in the Health and Safety at Work etc. Act 1974, which forms the basis for health and safety regulations in the UK. Other relevant legislation to protect employees from an assault at work include:
Some of the responsibilities that employers have to adhere to to keep employees safe include the following:
If your employer was negligent in their duty of care towards you, they are liable for compensation in an assaulted at work claim. Your solicitor will be able to establish a breach of duty and will help you gather the necessary evidence to support your case.
There are many ways in which your employer might be accountable for an assault at work. Some of the most common situations presented to personal injury lawyers include:
Employees who work on their own or in an environment with too few staff are more susceptible to health and safety risks. Adequately staffed workplaces are safer and help to provide security to colleagues. That helps prevent assaults and reduce the severity of any attack that does happen.
If an employer is aware that one of their staff members has acted violently in the past or that a patient or client has aggressive tendencies, they have a duty of care to take proper precautions. If they are aware of such behaviour and take no action and that person assaults a staff member, the employer may be liable for compensation.
If an employer fails to revise workplace safety and security following a previous incident, they may be accountable for any similar future events. For example, if a workplace has been broken into previously and the employer has taken no action to strengthen the security, they may be seen as acting negligently towards their staff.
If an employer is aware of a potential risk to the safety of their staff or the job itself revolves around working in a high-risk environment, such as a prison or security role, the employer is legally obliged to provide staff with adequate training and protective equipment. Furthermore, the safety equipment must be in good working order.
If it can be proven that your assault was the liability of your employer or any other person, you will be eligible to make a personal injury claim for compensation.
A physical assault at work can lead to various injuries, ranging from minor to life-threatening. The type and severity of the harm you suffered and its long-term effects on your life will be essential in determining your compensation award. Common injuries related to an assault in the workplace claim include:
If you have suffered any injury without being at fault, an experienced solicitor can help you make a workplace assault claim. If you would like to arrange a free case assessment, please call 0800 470 0474 today or fill in our online claim form to receive a call back.
The amount of personal injury compensation awarded to you will depend upon the level of suffering inflicted on you through the assault. Personal injury solicitors are committed to securing the highest possible awards on your behalf. They achieve this through thorough considerations of all potential areas of damage and loss. The following areas may be included in your claim:
Your solicitor will build a case based on secure and thorough evidence to highlight all areas of loss inflicted on you through the attack. They will work with determination and focus on ensuring you achieve the maximum amount of compensation possible for your claim.
Feel free to refer to our online compensation calculator to determine how much you could receive if you were physically attacked at work.
There are strict time limits set out by the Limitation Act 1980 to start a claim for any injury at work, including a claim for assault. The claim limitation date is typically three years after the date of the attack, with a few exceptions:
As a general rule, the sooner you begin your claim, the better. That will ensure that any details are fresh to you and witnesses and will make it easier for your solicitor to gather evidence. This way, you can be sure they have enough time to prepare a strong case before the claim limitation date. If you miss the deadline, your claim becomes time-barred, and the court will no longer consider it valid.
If you have grounds to claim assault at work compensation, the solicitors we work with will be able to assist you on a no win no fee* basis. This service means you do not have to pay any fees upfront to start your claim, and there is no financial risk to you.
Your solicitor takes on the risk of litigation and will not be paid if your case fails. Furthermore, they will make sure you do not have to pay any legal costs either. This security is provided by the After the Event (ATE) insurance policy they will get before starting legal proceedings. The ATE is legal expenses insurance that will cover all the costs and disbursements incurred during the claim, such as:
Under a no win no fee arrangement, you only pay anything if your claim is successful. You will keep the compensation awarded to you minus a few deductions:
If you want to find out whether you have a valid claim for an assault in the workplace, call 0800 470 0474 for a free consultation with a friendly legal adviser. Or you can request a call back by entering your details into the contact form below.