Last Updated 29th January 2025. This guide discusses the different aspects of assault-at-work compensation claims. 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, you may be entitled to compensation.
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. You can also claim via the Criminal Injuries Compensation Authority (CICA) as a last resort.
However, for this guide, we’ll explore claims made against a vicariously liable employer, including the eligibility criteria needed, the evidence you can gather, and the compensation you could be awarded.
Legal Helpline has years of experience assisting workers with assault claims. You can reach us at 0333 000 0729. However, before you do so, please read on to learn more about claiming being assaulted at work.
Jump to a Section
- What Is The Average Payout For Assault At Work?
- When Can I Claim Assault At Work Compensation?
- What Should You Do If You Experience Workplace Violence Or An Assault?
- Employers Liability For Violence Or Assaults In The Workplace
- Can I Claim Assault At Work Compensation With A No Win No Fee Solicitor?
- Helpful Resources On Claiming Assault Compensation
What Is The Average Payout For Assault At Work?
Every claim is unique, as injuries and their impacts differ. Knowing the average payout for an assault at work will not be very helpful, and how your damages are calculated will depend on if your claim is one of criminal injury or personal injury.
If you successfully apply to the CICA, they award compensation amounts according to the Criminal Injuries Compensation Scheme 2012, a fixed tariff.
If you take legal action against your employer after being assaulted at work, compensation is more variable and usually includes the following:
- General damages for suffering and loss of enjoyment.
- Special damages for financial losses.
Claim handlers who calculate general damages refer to the Judicial College Guidelines (JCG), which include illustrative compensation figures for various injuries.
Compensation Table
The table below contains figures from the JCG. Please use them as a guide only. They are not a guarantee of assault-at-work compensation. The top figure is not from the JCG.
| Type of Injury | Severity | Bracket of Compensation | Description |
|---|---|---|---|
| Multiple Serious Injuries and Special Damages | Serious | Up to £250,000+ | Compensation to address multiple injuries of a serious nature as well as lost income and other financial expenses. |
| Disfigurement of Face | Scarring - Very Severe | £36,340 to £118,790 | The higher end of the bracket tends to be for relatively young claimants where the psychological effect is severe. |
| Disfigurement of Face | Scarring - Less Severe | £21,920 to £59,090 | The disfigurement would still be substantial. As such, the psychological reaction would be significant. |
| Disfigurement of Face | Scarring - Significant | £11,120 to £36,720 | Plastic surgery has reduced the worst effects of the injury leaving some cosmetic disability. |
| Disfigurement of Face | Scarring - Less Significant | £4,820 to £16,770 | One scar, or multiple small scars, that mar but not markedly affect the injured person’s appearance. |
| Arm | Less Severe | £23,430 to £47,810 | While significant disabilities will occur, there will be a substantial degree of recovery. |
| Arm | Simple Fractures of the Forearm | £8,060 to £23,430 | Forearm fractures that are simple in nature. |
| Elbow | Minor or Moderate | Up to £15,370 | Fractures that are simple in nature, lacerations or tennis elbow fall into this category. |
| Teeth | (f) (i) | £10,660 to £13,930 | Serious damage or loss of several front teeth. |
| Teeth | (f) (ii) | £5,310 to £9,310 | Serious damage or loss of two front teeth. |
Please note that these figures would not apply to a CICA claim, which is subject to fixed tariffs for the injuries suffered.
Special Damages In Assault At Work Compensation Claims
You may be wondering, ‘I was assaulted at work; what else can I claim?’. If you suffered financial losses because you were attacked at work, compensation may include special damages.
Below, you will find some examples of special damages that may be awarded in assault claims:
- Damaged items—The attack might damage your items, such as your clothes, mobile phones, 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. Keep invoices or receipts as proof of purchasing any equipment.
The rules for financial losses work differently in CICA claims, where there is generally less scope to recoup out of pocket expenses.
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.
When Can I Claim Assault At Work Compensation?
Under the Health and Safety at Work etc. Act 1974 (HASAWA), employers must take all reasonably practicable steps to ensure their employees’ safety. This is known as a duty of care. If your employer fails to adhere to duty and you suffer an injury, you could be eligible for compensation.
The Health and Safety Executive (HSE) offers advice about how employers can protect staff from work-related violence and aggression, including verbal and physical abuse.
To seek assault-at-work compensation, you must satisfy the eligibility requirements:
- 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?
After an assault at work, certain steps may maximise the evidence you have supporting a claim.
- Report the incident to your employer – Many people bypass this step because they fear their employer’s response. However, it is important to report an accident suffered at work. Not only will your employer appreciate that you are handling things correctly, but they also have an accident book that they must keep by law.
- 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. Witness statements present excellent evidence and help you build the strongest case possible.
- Keep proof of any costs incurred – You may have suffered different expenses because of your injuries. The good news is that you can claim these as special damages. Do not throw away any applicable documents, such as receipts.
- 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.
Employers Liability For Violence Or Assaults In The Workplace
Compensation could be claimed from your employer if they breach their duty of care of care in any of the following ways:
- You raised concerns about your safety with your employer, but they failed to take necessary or sufficient action to ensure your safety.
- There had been repeat issues with either a violent or aggressive customer or coworker, and your employer failed to address this.
- You were asked to work in an unsafe environment, and your employer had not assessed the area’s risk.
As mentioned earlier, evidence you can gather, such as witness statements and medical records, is critical for proving how your employer’s failure to uphold their duty of care contributed to the harm you’ve suffered.
How Long Do I Have To Claim If I’m Assaulted At Work?
If you’ve been attacked at work and a compensation claim against your employer is the action you plan to take, you usually have three years from the incident date to start your claim. This time limit is established by the Limitation Act 1980.
However, the time limit can work differently under some circumstances. This applies to cases where the person lacks the mental capacity to manage their claim or was injured as a minor.
Contact our advisors for free today to learn about these time-limit exceptions.
Can I Claim Assault At Work Compensation With A No Win No Fee Solicitor?
If you are eligible to seek compensation for being hurt at work, you may wish to have the support of a solicitor. The solicitors on our panel offer all clients a Conditional Fee Agreement (CFA).
This is a No Win No Fee arrangement in which you don’t pay any upfront fees towards their services. Furthermore, you won’t be charged for their work following an unsuccessful claim.
Your solicitor deducts a legally capped percentage from any compensation if they succeed. You may hear this being called a “success fee”.
To find out if you can claim assault at work compensation, speak to an advisor from our team. If you have valid grounds for a claim, they could then pass you on to a solicitor from our panel.
To speak to an advisor:
- Contact us online.
- Call 0333 000 0729
- Ask a question in our live chat.
Helpful Resources On Claiming Assault Compensation
- HSE – Violence at work – HSE’s guide to assault in the workplace and the correct protocols to follow
- 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.
