This guide examines personal injury claims for assaulted at work compensation. If you sustained injuries due to violence in the workplace, you might be eligible to make a compensation claim. However, you need to satisfy specific eligibility criteria in order to have a valid claim against your employer.
The Health and Safety Executive (HSE), who monitors workplace health and safety, set the definition of workplace violence as ‘any incident in which a person is abused, threatened or assaulted in circumstances relating to their work’. They go on to state that this can include abuse or threats (including in-person, online and over the phone) as well as physical attacks.
Should you decide to make a compensation claim for employer negligence and satisfy the eligibility, you may wish to have the support of a specialist solicitor. We conclude this guide with a look at the benefits of instructing a No Win No Fee solicitor.
If you have any questions about seeking assault at work compensation in the UK, please contact a member of our advisory team. To talk about claims for workplace injuries:
- Call 020 8050 2736
- Fill in our claim online form and an advisor will contact you.
- Ask, ‘How much compensation for an assault at work?’ in our live chat.
Select A Section
- When Can You Make An Assaulted At Work Compensation Claim?
- When Is Your Employer Liable For An Assault At Work?
- How Much Assaulted At Work Compensation Could You Receive?
- What Evidence Could Help You Claim Compensation For Being Assaulted At Work?
- Why Use A No Win No Fee Solicitor When Claiming Assault At Work Compensation?
- Read More About Workplace Assault Claims
When Can You Make An Assaulted At Work Compensation Claim?
While you are in the workplace, your employer must take reasonably practicable steps to ensure your health, safety, and welfare. This includes protecting you from assault while at work. It is their duty of care, which is set out in the Health and Safety at Work etc. Act 1974 (HASAWA).
As part of taking these steps in ensuring your health, safety and welfare, your employer is vicariously liable for their employees. This means that the fault of an employee can make an employer liable.
If an employer is aware that an employee is showing violent tendencies or they are aware of previous violent outbreaks, then the employer should address this with a risk assessment. If an employee is attacked because the employer failed to put in control measures, then the employer is liable for the harm that is caused.
If you sustain an injury due to workplace violence, you might be eligible to claim assaulted at work compensation. However, you will need to prove that you meet the personal injury claims criteria. You will need to prove that:
- Your employer owed you a duty of care as set under health and safety law.
- They were in breach of this duty as they failed to take any action.
- You sustained injuries in a workplace violence incident as a result of the breach.
Direct any questions you have about the work injury claims eligibility criteria to one of our team members. They can discuss the work claim criteria as well as what evidence you need.
When Is Your Employer Liable For An Assault At Work?
There are various situations where employer negligence can lead to workplace assault. These could include:
- Ignoring previous violent episodes or threats. An employee may have been previously assaulted by a patient in the community. Their employer failed to take this seriously and there weren’t sufficient steps taken to prevent an incident from happening again. For example, if a patient requires home nursing care but is known to be violent, two nurses could be sent instead of one or panic alarms could be provided.
- Working without the appropriate number of staff. For example, a nightclub owner failed to employ an adequate number of security guards which left present employees vulnerable to an attack.
- An employer knows an employee has violent tendencies. The employer fails to address the issue or remove the employee from employment. As a result, you suffer injuries in a violent attack.
Can I Claim If My Employer Is Not At Fault?
There could be a violent incident that causes you an injury, but your employer may not be liable. In these cases, you might be able to claim assaulted at work compensation through the Criminal Injuries Compensation Authority (CICA). The CICA awards compensation to people who sustained injuries in a crime of violence in England, Scotland or Wales.
However, the CICA claims eligibility criteria are different to that of a personal injury claim. Additionally, if you make a successful claim through the CICA, your compensation will be awarded based on a tariff amount found in the Criminal Injuries Compensation Scheme 2012.
For more information about making a criminal injury claim, talk to an advisor, or read our guide about CICA payouts.
How Much Assaulted At Work Compensation Could You Receive?
If you are awarded assaulted at work compensation following a successful personal injury claim, it could consist of two parts. These are general and special damages.
To compensate for the physical pain and mental suffering caused by workplace violence, you are awarded general damages (if your claim is successful). When valuing this part of your compensation claim, the compensation guidelines from the Judicial College (JCG) may be referred to by those who evaluate claims.
Our table below looks at how compensation could be awarded in a successful workplace assault claim. The top row provides a figure for multiple severe injuries and special damages; this figure is not part of the JCG. In the following rows, we look at a few figures from the 17th edition of the JCG that could be relevant to workplace assaults. As every claim is different, our table is only for guidance.
| Injury | Severity | Notes | Compensation Guideline |
|---|---|---|---|
| Multiple Severe Injuries and Special Damages | Very Serious | Claimants could be compensated for multiple very severe injuries and related expenses, such as loss of earnings and care costs. | Up to £500,000+ |
| Brain Damage | Moderately Severe | There is substantial dependence on others due to very seriously disabilities, such as limb paralysis or marked impairments to their intellect and personality. | £267,340 to £344,150 |
| Back Injury | Severe (i) | Severe pain, disability alongside a combination of incomplete paralysis, bladder and bowel impairments and problems with sexual function due to spinal cord damage. | £111,150 to £196,450 |
| Facial Scarring | Very Severe | A severe psychological reaction to very disfiguring facial scars. | £36,340 to £118,790 |
| Less Severe | Substantial disfigurement results in a significant psychological reaction. | £21,920 to £59,090 | |
| Skeleton Injuries | Fractures of Jaws (i) | Very serious multiple jaw fractures that result in severe pain, eating restrictions, paraesthesia and arthritis risk. | £37,210 to £55,570 |
| Le Fort Fractures of Facial Bones | Le Fort Fractures of the front bones in the face. | £29,060 to £44,840 | |
| Multiple Fractures of Facial Bones | Some permanent facial deformity due to multiple fractures. | £18,180 to £29,220 | |
| Nose/Nasal Complex Fractures (i) | Permanent facial deformity along with airway damage, breathing difficulty and nerve damage. | £12,990 to £28,220 | |
| Chest | Simple | Permanent tissue damage due to a single penetrating wound. | £15,370 to £21,920 |
Special Damages For Workplace Assaults
You may also be awarded special damages as part of a successful claim for workplace assault compensation. This is to compensate for any costs associated with the injuries you suffered. Your award could include compensation for:
- Lost wages.
- Home help, including nursing, cleaning and childcare while you recover.
- Medical expenses, including prescriptions, surgeries and therapy for psychological injuries.
- Mobility aids.
As part of the claims process, you will be asked to prove your out of pocket expenses. You could submit your payslips, receipts or invoices.
Talk to one of our advisors about compensation for being assaulted at work. They can provide a free valuation of your claim and advise on what expenses you could recover.
What Evidence Could Help You Claim Compensation For Being Assaulted At Work?
As with any personal injury claim, when you seek assaulted at work compensation, you will need to submit evidence. This needs to prove liability for the injuries sustained in the attack. Examples of evidence that could be helpful include:
- Witness contact details. If anyone saw what happened, they could provide witness statements later in the claims process if you note their contact information.
- Accident reports. If the police attended the incident, you could submit their report. Additionally, you could also submit a copy of the accident book. An accident book is a legal requirement for any workplace with 10 or more employees. The entry should include details of the incident and your name.
- Medical records. If you seek treatment, you can request a copy of your medical records to support your claim.
Can My Employer Fire Me If I Claim Assault At Work Compensation?
You cannot be fired just for launching a compensation claim against your employer as long as the claim is honest. Should you be sacked for claiming workplace assault compensation, you might be able to also make an unfair dismissal claim.
Why Use A No Win No Fee Solicitor When Claiming Assault At Work Compensation?
If you satisfy the eligibility requirements and decide to launch a claim for assaulted at work compensation, you may like to instruct a solicitor to help with the claims process. One of the personal injury solicitors from our panel could support your claim. Usually, our panel offer their No Win No Fee services under a Conditional Fee Agreement (CFA).
When you have the support of a No Win No Fee solicitor during the claims process, you:
- Won’t need to pay upfront for your solicitor’s services.
- Don’t need to cover any ongoing costs.
- Won’t have to pay for your solicitor’s work on your case if it isn’t successful.
- Only have a small percentage of your award deducted if your claim succeeds. This is called a ‘success fee’ and the amount is limited by the law.
If you have any further questions about workplace assault claims, talk to a member of our advisory team. In addition to helping by answering your questions about personal injury claims, if you satisfy the eligibility, you could be connected to a No Win No Fee solicitor from our panel.
To discuss compensation for being assaulted at work:
- Call 020 8050 2736
- Request a call back with our claim online form.
- Ask about using an assault at work compensation calculator in our live chat.
Read More About Workplace Assault Claims
Here are a few articles that might be helpful:
- Our guide on the Criminal Injuries Compensation Authority and the eligibility critiera for CICA claims.
- Research and statistics on knife crime in the UK.
- Information on claiming GBH compensation through the CICA.
External websites that you might find useful:
- Advice to workers on violence in the workplace from the HSE.
- Guidance on how to report a crime from the Police.
- Details on when to phone 999 for an ambulance from the NHS.
Direct any further questions about how to claim assaulted at work compensation to an advisor.