By Stephen Bishop. Last Updated 29th August 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 0333 000 0729. 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 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?
If you are attacked at work, compensation may not be the first thing you think of. However, if you find that your employer was vicariously liable, you may be able to seek damages.
It isn’t worth knowing the average payout for an assault at work because every claim is unique. Instead, a solicitor can push for you to get the best settlement possible, accounting for compensation under two heads of loss.
The main element of assault at work compensation comes under general damages. This is where you are compensated for physical pain and psychological distress inflicted by your assailant.
Those working out this part of the payout can refer to the Judicial College Guidelines (JCG), a document that features illustrative compensation figures for various 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 Injury | Severity | Description | Bracket of Compensation |
|---|---|---|---|
| Multiple Serious Injuries and Special Damages | Serious | Compensation to address multiple injuries of a serious nature as well as lost income and other financial expenses. | Up to £250,000+ |
| 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. | £36,340 to £118,790 |
| Disfigurement of Face | Scarring - Less Severe | The disfigurement would still be substantial. As such, the psychological reaction would be significant. | £21,920 to £59,090 |
| Disfigurement of Face | Scarring - Significant | Plastic surgery has reduced the worst effects of the injury leaving some cosmetic disability. | £11,120 to £36,720 |
| Disfigurement of Face | Scarring - Less Significant | One scar, or multiple small scars, that mar but not markedly affect the injured person’s appearance. | £4,820 to £16,770 |
| Arm | Less Severe | While significant disabilities will occur, there will be a substantial degree of recovery. | £23,430 to £47,810 |
| Arm | Simple Fractures of the Forearm | Forearm fractures that are simple in nature. | £8,060 to £23,430 |
| Elbow | Minor or Moderate | Fractures that are simple in nature, lacerations or tennis elbow fall into this category. | Up to £15,370 |
| Teeth | (f) (i) | Serious damage or loss of several front teeth. | £10,660 to £13,930 |
| Teeth | (f) (ii) | Serious damage or loss of two front teeth. | £5,310 to £9,310 |
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.
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. It is vital to see a doctor straight away, not only for your health but for your case too. This is because your doctor will compile a medical report, and this is the most crucial piece of evidence in any claim.
- 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, it is important to report an accident suffered at work. 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.
- 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 – You may have suffered different expenses because of your injuries. The good news is that you will be able to claim for 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
If you have been assaulted at work, then compensation could potentially be claimed from your employer if they breached the duty of care they owe you because any of the following factors apply:
- You raised concerns about your safety to your employer, but they failed to take necessary or sufficient actions to provide for 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 a environment that was unsafe and your employer had not performed a risk assessment of the area.
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, then you usually have three years from the date of the incident to start your claim. This time limit is established by the Limitation Act 1980.
However, under some circumstances, the time limit can work differently. This applies to cases where the person lacks the mental capacity to manage their own claim or was injured as a minor.
Contact our advisors for free today to learn about these time limit exceptions and ask questions such as the eligibility requirements to claim or the average payout for an assault 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 hurt 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 then pass you onto 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.
