How To Claim Compensation For An Assault At Work

By Danielle Graves. Last Updated 14th March 2024. 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.

It’s important to note that there are several avenues you can take to pursue compensation for an assault at work, such as directly against the perpetrator or against a vicariously liable third party who breached their duty of care which contributed to the assault. As a last resort, where no other option is available, you could claim via the Criminal Injuries Compensation Authority (CICA).

However, for the purpose of this guide, we’ll be exploring claims made against a vicariously liable employer, including the eligibility criteria that need to be met, the evidence you can gather, and the compensation you could be awarded.

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.

A man committing an assault at work on another man.

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What Is The Average Payout For Assault At Work?

It can be difficult to provide an average payout for assault at work as the settlement you receive can depend on several factors including which avenue you take to submit your claim and how severely you have been affected by your injuries. For example, when you claim against your employer as a vicariously liable third party for assault at work, your settlement could comprise two heads of loss.

The first head of loss is general damages which compensates for the pain and suffering of the injuries. When valuing this head of loss, reference can be made to the Judicial College Guidelines (JCG). This document contains guideline compensation brackets for different injuries.

Compensation Table

The table below contains figures from the JCG. Please use them as a guide only. Also, note that the top figure is not from the JCG.

Type of InjurySeverityDescriptionBracket of Compensation
Multiple Serious Injuries and Special DamagesSeriousUp to £500,000+Compensation to address multiple injuries of a serious nature as well as lost income and other financial expenses.
Disfigurement of FaceScarring - 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 FaceScarring - Less Severe The disfigurement would still be substantial. As such, the psychological reaction would be significant. £17,960 to £48,420
Disfigurement of FaceScarring - Significant Plastic surgery has reduced the worst effects of the injury leaving some cosmetic disability. £9,110 to £30,090
Disfigurement of FaceScarring - 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 FaceScarring - Trivial The effects of this injury will be minor only. £1,710 to £3,530
ArmLess SevereWhile 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
ElbowMinor or ModerateFractures 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

Special Damages In Assault At Work Compensation 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 criminal injury solicitor from our panel.

Stacks of coins representing the average payout for an assault at work.

When Can I Claim Assault At Work Compensation?

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 criminal injury claim for assault at work compensation, 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.

What Should You Do If You Experience Workplace Violence Or An Assault?

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 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 criminal 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 compensation for many victims. Contact us today.

Employers Liability For Violence Or Assaults In The Workplace

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 criminal injury claim and seek compensation for being assaulted at work.

Can I Claim Assault At Work Compensation With A No Win No Fee Solicitor?

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:

A solicitor working on a claim for assault at work compensation.

Helpful Resources On Claiming Assault Compensation

Legal Helpline’s assault claims guide 1 & 2 – Our assault claims guides talk you through how to claim compensation for any type of assault that wasn’t your fault.

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.

Thank you for reading our assault at work compensation guide.