A Guide to Claiming Work Assault Compensation

In the following article we set out what you need to know about making an assault at work compensation claim.

Introduction

If you have been assaulted in the workplace you may be entitled to claim financial compensation. Whether the assault was committed by another employee, a client or even a visitor, if the employer was negligent in their duty of care then a claim may be possible.

Quittance have a team of specialist solicitors who focus solely on assault, bullying and stress in the workplace. The complexities of assault claims mean that most solicitors don't handle assault claims. For a free consultation with an expert call us on 0800 612 7456 and we will tell you where you stand.

Alternatively book your free online consultation here.

Do I have a work assault claim?

As a basic rule, you can make a work assault claim if you were injured:

  • in the last three years and,
  • someone else was at fault.

However, if these two points don't apply, a compensation claim may still be a possibility.

To find out for sure, speak to a work assault claim expert on 0800 612 7456.

A short call will confirm whether you have a claim. We will not put you under any pressure to pursue a claim.

Alternatively you can try our Online Claim Checker.

What if it was a criminal incident?

If your Work Assault injury resulted from a criminal incident, you can pursue a claim via the Criminal Injuries Compensation Authority (CICA). The CICA must receive your application within 2 years of the Incident Date.

Read more

What if a child was injured?

The 3 year rule does not apply to minors.

A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a work assault claim on their own behalf.

Read more about claiming injury compensation on behalf of a child.

Check my claim online

How much compensation can I claim for a work assault?

The amount of money you could claim for your work assault will depend on:

  • the extent of your injury, and
  • any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your work assault has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.

This calculation will factor in general damages and special damages.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

See a list of what you can claim for:

Examples of special damages include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

Find out what your claim could be worth now

Assessing a claim's value at the outset can be complicated.

If you would like a FREE claim estimate with no obligation to start a claim, call 0800 612 7456.

Alternatively, our compensation calculator will give you an instant estimate of what your claim is worth.

Calculate my injury claim

Caring and sensitive support

Your solicitor will handle your work assault case from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:

  • Financial support: interim payments while you are unable to work.
  • Advice: on personal injury trusts, tax and welfare benefits.
  • Coordination: with rehabilitation providers and therapists.
  • Access: to treatment and therapies not always available on the NHS.

What constitutes an assault at work?

The Health and Safety Executive (HSE) is the government body responsible for overseeing health and safety in the workplace.

An assault or violence at work is defined by the HSE as 'Any incident in which a person is abused, threatened or assaulted in circumstances relating to their work.'

An assault does not necessarily have to be physical. An assault may also be a verbal attack such as sexist, homophobic or racist verbal abuse,

How common is workplace assault?

In the year 2015/16 there were approximately 350,000 workers who experienced one or more assaults at work. 158,000 of these we physical assaults at work and 210,000 were on the receiving end of threats or verbal abuse.

These figures suggest that nearly 1.4% of employees were victims of an assault. In fact the number is likely to be significantly higher as workplace assaults are typically underreported.

Who is most at risk?

People who work late and/or alone or people who work in the community, such as social workers or those working with mentally unstable patients, are particularly at risk. People who handle money (cash) or valuables are also common targets.

Quittance's solicitors routinely help people from all careers and levels of seniority, including:

  • Building trades
  • Prison officers
  • Police
  • Security guards
  • Carers, social and psychiatric workers
  • Nurses
  • Bus drivers, station attendants and other public transport staff

Is your employer responsible

Sometimes it can be clear when an employer is directly responsible for an assault. Your employer may even have initiated the assault or been directly involved in it.

More commonly assaults are committed by another worker or visitor and the employer's responsibility is less obvious.

Employers have a 'duty of care' to provide a safe working environment for their employees. This means that all reasonable steps must be taken by the employer to ensure that the working environment is safe. This includes making best endeavours to reduce the risk of assault.

There are a number of work scenarios that are correlated with a higher incidence of assault.

For example if your employer puts you in a position where a lack of staffing levels places you in danger, the employer may be held accountable.

Insufficient training can also put employees at risk especially if the employee will be working with mentally unstable people or people with violent tendencies.

If your employer is aware of the violent tendencies of another worker or person you will, come into contact with, they must take steps to mitigate the risk. If they do not provide the necessary extra support, training and equipment to reduce this risk they may be liable for any assault.

What to do if your employer is responsible

If you think that your employer is liable for the accident, the first step is to get a professional opinion.

A Quittance work assault specialist solicitor will start with a no obligation consultation. During the consultation the solicitor will advise you as to whether you have a claim, how much compensation you could receive and how likely your case is to succeed. Consultations can be conducted over phone or by video call on Skype.

What to do if your employer is not responsible?

If you think that your employer is not responsible you should still speak to a solicitor in the first instance. Establishing liability for assaults at work can be complex and it may be that an employer is responsible despite you thinking otherwise.

A solicitor will listen to your account of the incident and advise you of the best course of action. If the solicitor thinks that the employer is not liable he will recommend contacting the Criminal Injuries Compensation Authority (CICA).

Making a claim through the CICA

The Criminal Injuries Compensation Authority (CICA) is a government agency that has the authority to pay compensation to the innocent victims of crime England, Wales or Scotland. CICA is funded by public money. The agency pays out compensation claims regardless of whether the person who committed the crime is caught, prosecuted or convicted.

If you are the victim of an assault at work, you may be able to claim compensation from the Criminal Injuries Compensation Authority, even if the offender is not convicted of the crime.

Who pays the compensation?

Sometimes people are reluctant to initiate a claim against their employer as they have a good working relationship with them - they may even be friends. It is an easier narrative to blame the individual assailant and overlook the nuances of the employer's failure on meeting their duty of care.

We often speak to employees who worry that their employer will not be able to afford to pay the compensation and the victim is consequently reluctant to make a claim.

Compensation settlements are almost always pad by the employers liability insurance, which they are obligated to have.

Further reading: https://www.quittance.co.uk/help-article/is-it-the-employer-that-pays-work-injury-compensation

What if the employer is no longer trading?

A common misconception about making any personal injury claim is that a claim is not possible if the employer has gone bankrupt or closed the business. In fact a claim is still possible as the employers liability insurance will still be in place. A claim can therefore be made against the insurance policy regardless of whether the company is still trading.

Solicitors are able to identify the relevant insurance policy through the Employers Lliability Tracing Office (ELTO).

Does there have to be physical injury?

No. An assault may be a verbal attack such as sexist, homophobic or racist verbal abuse,

What if the assault happened off the premises?

If you are injured during work hours whilst carrying out your duties, your employer has a duty of care eve if you are offsite.

Employers liability insurance will provide cover for employees, whether injured on the employer's premises or offsite.

The first things to do if you are assaulted

If you are assaulted your priority should be removing yourself from any further danger and seeking medical attention if required. There are a number of other things you can do to put yourself in a more commanding position once the dust has settled. The following is a checklist of what to do if assaulted:

  • Get out of harm's way - leave the room or even the premises and find someone you know and trust to talk to.
  • Notify your employer - typically this will be your line manager of HR Officer. Tell them what happened, where you are and what you are doing e.g. seeking medical attention.
  • If you are physically injured go immediately to A&E or your GP, as appropriate. Ask the doctor to provide you with a written record of your visit and their diagnosis of the injury.
  • Write an account of what happened - do this while the incident is fresh in your mind. Include all of the details you can think of - you never know what might turn out to be relevant. Included details of what happened in the lead up to the assault.
  • Make a list of any witnesses.
  • Contact the police and complete a crime report. In many cases this may seem excessive. However if you intend to pursue compensation and it s not possible to prove that the employer is liable, you can still pursue your claim through the CICA. However the CICA will only consider claims where the incident was reported to the police as soon as possible after the incident.

No win, no fee, no risk

No Win, No Fee is an agreement with your solicitor (known as a Conditional Fee Agreement or CFA) that means that you can make a work assault claim with:

  • no upfront legal fees
  • no solicitor's fees payable if your claim is not successful
  • a success fee payable only if your claim is successful

No Win, No Fee is the most common way to make a compensation claim.

No win, no fee guarantee

If you have been injured and someone else was to blame (even partially), our no win, no fee guarantee takes the risk out of claiming compensation for your work assault injury.

What do I pay if I win my work assault claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.

What do I pay if I do not win my work assault claim?

If your work assault claim is not successful then you will not have to pay any fees.

Read more about making a No win, no fee claim

How can Quittance help?

Our highly experienced panel of solicitors have an excellent track record of winning injury claims. Your solicitor will fight for the best possible compensation settlement for you.

If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.

Call us FREE 0800 612 7456 or arrange a callback:

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Work Assault FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more about claiming on behalf of another person.

Can I claim if I was partly responsible for an accident?

You may still be able to claim compensation even if you contributed to your accident or to your injuries.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more about claiming compensation if you were partly responsible for an accident.

How long will my claim take?

The length of time needed to secure compensation can vary considerably.

For example, straightforward car accident claims can settle in a matter of weeks, whereas complex medical negligence cases can take years.

Injury claims can also take longer if it is not clear who is responsible for your injury, or if liability is denied by the defendant.

Taken from average case times, this table sets out approximately how long personal injury claims take to settle:

Personal injury claim type

Estimated claim duration*

Road accident claims

4 to 9 months

Work accident claims

6 to 9 months

Medical negligence claims

12 to 36 months

Industrial disease claims

12 to 18 months

Public place or occupiers’ liability claims

6 to 9 months

MIB claims (uninsured drivers)

3 to 4 months**

CICA claims (criminal assault)

12 to 18 months**

*RTA and other claims processed through the Ministry of Justice portal can settle faster.
**Official Criminal Injuries Compensation Authority (CICA) Government agency and Motor Insurers’ Bureau (MIB) figures.

Read more about how long personal injury claims take.

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by Quittance’s solicitor panel are settled out of court.

Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are held in front of a judge, not a jury.

Read more: Will my injury claim go to court and what if it does?

Will I have to go to a solicitor's office?

No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more: Will I have to visit a solicitor's office?

Can I get an interim compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim interim compensation payments.

An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more about interim compensation payments.

Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.

Read more about this Quittance Legal Expert