By Danielle Graves. Last Updated 10th October 2023. In this guide, we discuss the different aspects of making an assault at work compensation claim. If you have been the victim of an assault in the workplace, then the situation may be stressful, and you may be unsure of what steps to take.
There are laws in place within the UK which require employers to take reasonable steps to protect their workers from injuries, including deliberate acts of violence like assault. If you are assaulted at work, then you may be entitled to compensation if your employer breached the duty of care they owe you. If you can prove this, it’s certainly worth looking into the possibility of making an assault at work compensation claim.
If the claim is successful, then it’s unlikely that the employer itself will pay the
compensation. By law, all employers are required to have insurance in place to cover incidents like this. The compensation will therefore come from the insurance company. A claimant should only need to worry about following the correct procedure when making a claim. Legal Helpline can potentially help you with this procedure if you have proof to support an assault at work compensation claim.
Legal Helpline has years of experience in assisting assault at work claims. You can reach us on 0161 696 9685. However, before you do so, please read on to learn more about making a claim after being assaulted at work.
Jump to a Section
- What Can I Claim Compensation For After An Assault In The Workplace?
- Compensation For Being Assaulted At Work
- What Is An Assault In The Workplace?
- Statistics For Violence And Assault In The Workplace In The UK
- What Should You Do If You Experience Workplace Violence Or An Assault?
- Employers Liability For Violence Or Assaults In The Workplace
- Can I Claim For An Assault At Work With A No Win No Fee Solicitor?
- Helpful Resources
If you have sustained injuries due to an assault at work that was not your fault, you will be able to claim for any of the following –
- Pain and suffering
- Mental injuries – If you have had to undergo counselling, or have suffered any mental trauma, you will be able to claim for this. Mental injuries can occur from any sort of injury, but they are exceptionally common when it comes to assault.
- Loss of income – Have you suffered a loss of earnings due to your inability to work during the recovery process? If so, you will be able to claim this as special damages, but you will need proof to do so.
- Cost of adapting your home to cater to your injury
- The cost of care
- Any medical costs
- Loss of amenity – This is designed to cover you for any loss of quality of life you have suffered because of your injury.
- Travel costs – This can be anything from the cost of using alternative transport during the recovery phase to the cost of parking at the hospital.
- Childcare expenses
When estimating compensation for being assaulted at work, a solicitor will use medical evidence as well as the figures from the Judicial College Guidelines (JCG). The 16th edition, updated in April 2022, features compensation amounts based on settlements awarded in previous personal injury claims.
However, the JCG can only offer insight into what you may receive for general damages. This head of claim considers the pain, suffering and loss of amenity caused by your injuries. For example, if you are assaulted at work by a patient, you may experience post-traumatic stress disorder (PTSD) as well as physical injuries.
|Type of Injury||Severity||Description||Bracket of Compensation|
|Disfigurement of Face||Scarring - Very Severe||The higher end of the bracket tends to be for relatively young claimants where the psychological effect is severe.||£29,780 to £97,330|
|Disfigurement of Face||Scarring - Less Severe||The disfigurement would still be substantial. As such, the psychological reaction would be significant.||£17,960 to £48,420|
|Disfigurement of Face||Scarring - Significant||Plastic surgery has reduced the worst effects of the injury leaving some cosmetic disability.||£9,110 to £30,090|
|Disfigurement of Face||Scarring - Less Significant||One scar, or multiple small scars, that mar but not markedly affect the injured person’s appearance.||£3,950 to £13,740|
|Disfigurement of Face||Scarring - Trivial||The effects of this injury will be minor only.||£1,710 to £3,530|
|Arm||Less Severe||While significant disabilities will occur, there will be a substantial degree of recovery.||£19,200 to £39,170|
|Arm||(F)(d)||Forearm fractures that are simple in nature.||£6,610 to £19,200|
|Elbow||Minor or Moderate||Fractures that are simple in nature, lacerations or tennis elbow fall into this category.||Up to £12,590|
|Teeth||(f)(i)||Serious damage or loss of several front teeth.||£8,730 to £11,410
|Teeth||(f)(ii)||Serious damage or loss of two front teeth.||£4,350 to £7,630|
Please note that the figures above should only be used as guidelines when valuing assault claims.
You may be wondering, ‘I was assaulted at work; what else can I claim?’. If you were attacked at work, you may be awarded special damages, which compensate for any financial harm or losses caused by the assault.
Below you will find some examples of special damages that may be awarded in assault claims:
- Damaged items – Your personal items might be damaged in the attack, such as your clothes, mobile or glasses. Make sure to keep proof of any repairs or replacements.
- Prescription fees – You may need medication to alleviate symptoms. Retain any receipts to prove this expense.
- Specialist equipment – Depending on the severity of the attack, you may require specialist equipment. For example, you may need a wheelchair after your injury. Hold on to invoices or receipts as proof of purchasing any equipment.
Find out how much assault at work compensation you could claim by speaking to our advisors. Following a free consultation, they may be able to connect you with an expert personal injury solicitor from our panel.
According to the Health and Safety Executive (HSE), your employer has specific duties to protect their employees from experiencing work-related violence and aggression. This applies to both verbal and physical abuse. However, in the case of being assaulted at work, this would be physical violence experienced by an employee. The HSE regulate workplace health and safety.
Your employer should take reasonable and practicable steps to prevent you suffering an injury in an assault at work. This is part of their duty of care as set by the Health and Safety at Work etc. Act 1974 (HASAWA). Employers owe a duty of care to take all reasonably practicable steps to ensure the health, safety and welfare at work of their employees. If your employer fails to adhere to this legislation and you suffer an injury, you could be eligible to seek compensation for an assault at work.
However, you must satisfy the eligibility requirements. This means that to make a personal injury claim, you need to be able to prove that:
- You were owed a duty of care.
- This duty was breached.
- You suffered injuries as a result of this breach.
Speak with an advisor from our team to check whether you meet the claiming requirements for accident at work cases.
According to the Crime Survey for England and Wales, there were 688,000 incidents of violence in the workplace between 2019 and 2020. These incidents could be categorised as 299,00 assaults and 389,000 threats. Of these assaults, 38% resulted in injury to the victim. The following types of injuries were recorded as most commonly sustained:
- Minor bruising or black eyes
- Severe bruising
Also recorded were more severe injuries, including stab wounds, broken bones, bloody noses, concussions, unconsciousness and head traumas.
Whatever injury you sustained, if someone else was responsible, you could hold them accountable by making an assault at work compensation claim.
If you have been the victim of an assault at work, read on to discover the key steps you must take when claiming compensation.
- Get professional medical attention – The first thing you always have to deal with is your health. Even if your injuries appear minor, it is vital to see a doctor straight away. Not only is this vital in terms of your health but you need to see a medical professional for your case too. This is because your doctor is going to compile a medical report, and this is the most crucial piece of evidence in any personal injury claim. It is used to determine how much compensation you will get. Without it, you will not have any proof of your injuries.
- Report the incident to your employer – A lot of people bypass this step because they are scared to tell their employer that they are making a claim against them. However, the sooner you tell them about the accident the better. Not only will your employer appreciate the fact that you are handling things correctly, but they have an accident book that they are required to keep by law. If you do not record your injuries in here, you will only experience barriers when it comes to making your claim.
- Get the contact details of any witnesses – Did anyone see the accident happen? If so, it is a good idea to get their contact information. This is because witness statements present an excellent form of evidence, and will help you to build the strongest cases possible.
- Keep proof of any costs you have incurred – It is likely that you will have suffered a number of different expenses because of your injuries. The good news is that you will be able to claim for these as special damages. But, to do so, you will need to have proof, so do not throw away any applicable documents, such as receipts. Some of the most common special damages include travel expenses, medical costs, and loss of income.
- Contact Legal Helpline – Last but not least, the most important thing you need to do is align yourself with a quality personal injury claims firm that can handle your case for you, and this is exactly what you have with Legal HelpLine. We are one of the top companies of this type in the UK, and we have successfully secured personal injury compensation for many victims. Contact us today.
When at work, employees have a right to a working environment that is practically safe. It is an employer’s responsibility to ensure this and to take reasonable actions where they can to address hazards in a place of work.
If you have been assaulted at work, your rights may have been breached if:
- You had raised concerns about your safety to an employer, and they had failed to take necessary or sufficient actions to provide for your safe
- There had been a repeating problem with either a violent or aggressive customer or coworker, that your employer had failed to address
- You were asked to work in a new and unsafe environment that your employer had not performed a risk assessment on, which led to you being assaulted.
Your employer could be liable for the injuries you suffer in these scenarios. You can make a claim against them for injuries suffered in an assault at work by a colleague or a member of the public.
Please reach out to one of our advisers for information on whether you are eligible to make a claim for your assault and to discuss what you can do if you have been assaulted at work, and the rights you have (UK).
How Long Do I Have To Claim If I’m Assaulted At Work?
If you have been assaulted at work, a compensation claim should typically be made three years from the date of the incident. Acting within the limitation period would be in your best interest as you’ll have time to prepare your case and collect any supporting evidence.
However, exceptions to the time limit for a worker’s injury claim may be made under certain circumstances, such as:
- If a young person is injured. In these instances, the limitation period would begin from when they turn 18-years-old and would end on their 21st birthday.
- If the person lacks the mental capacity to claim. In this case, the time limit is suspended indefinitely. If they regain the mental capacity to start their own claim, they would have three years from the recovery date to do so.
A litigation friend, such as a parent or relative, may begin a claim on behalf of someone who is a minor or lacks the mental capacity to claim by themselves. In order to qualify for this position, an application must be made to the courts.
Our advisors are available 24/7 should you have any other questions regarding the time limit to make a personal injury claim and seek compensation for being assaulted at work.
If you are eligible to seek compensation for being assaulted at work, you may wish to have the support of a solicitor. One of the solicitors from our panel could work on your case. They generally provide their services under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee arrangement.
If your solicitor works with you under this type of agreement, they usually won’t ask for you to pay any upfront or ongoing fees towards their services. Furthermore, you won’t be charged for their work on your case following an unsuccessful claim.
However, if your claim has a positive outcome, your solicitor will deduct a success fee out of your compensation. This fee is a legally capped percentage.
To find out if you are eligible to make a claim for assault at work compensation, speak to an advisor from our team. If it seems like you have valid grounds for a claim, they could pass you onto a solicitor from our panel.
To speak to an advisor:
HSE – Violence at work – HSE’s guide to assault in the workplace and the correct protocols to follwo
NHS – Violence against staff– This takes you to an NHS publication on violence against staff members.
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Thank you for reading our assault at work compensation guide.