Questions about making a Workplace Assault compensation claim
1. What is a workplace assault?
The Health and Safety Executive (HSE) defines a workplace assault as ‘Any incident in which a person is abused, threatened or assaulted in circumstances relating to their work’. This includes racial, sexist and homophobic verbal abuse.
2. What is a workplace assault compensation claim?
A workplace assault compensation claim is a type of personal injury claim. It is a legal process started by someone who has been injured as a result of an assault in the workplace, which seeks to secure financial compensation from those responsible.
3. Can I make a workplace assault compensation claim against my employer and the person who assaulted me?
Yes. Your employer has a duty of care to ensure you are kept safe at work, whether that be against an assault or an accident. Even if your employer was not directly involved in the assault, you may still be able to claim compensation if they knew, or should have known, that it was a risk and failed to take reasonable steps to avoid you being hurt.
4. I was assaulted in the workplace – but how do I know if my employer is liable?
There are many circumstances where an employer might be held responsible if an employee is injured in an assault in the workplace. These include:
- Working alone or understaffed: Members of staff who are left to work alone or in a short-staffed environment can be particularly vulnerable to attacks or assaults. Security guards, prison officers and carers for people with challenging behaviour can be at particular risk;
- Ignoring previous violent behaviour from another member of staff, patient or client who has committed violent acts in the past (or about which they could have easily found out) but fails to take any or adequate action and that person assaults a member of staff, then the employer may be liable. If a place of work has been subject to a series of robberies in the past but no extra security measures are taken and a member of staff is injured in a subsequent robbery;
- Lack of training or PPE (Personal Protective Equipment): When working in a profession where you are likely to encounter angry, violent or difficult clients or customers, it is important that you receive training on how to diffuse potentially dangerous situations. As a last resort, PPE should be provided to try and prevent or limit the seriousness of the injury. It is important that all safety equipment such as panic alarms etc. are in full working order.
If you have suffered an assault in the workplace, our accident at work lawyers can help determine whether you can begin a workplace assault compensation claim by reviewing the details of your case. Get in touch today by calling 0800 0 224 224, requesting a callback or by completing our free no obligation claim form.
5. What must I prove in workplace assault compensation claims?
Employees must show evidence of where they were assaulted at work, how they were assaulted and who did it.
If you would like to make a claim against your employer, you must prove that they failed to take reasonable care of your safety and were responsible for the assault happening.
If you are attacked at work you should, in all cases, report the matter to the police.
6. How much compensation will I receive in my workplace assault compensation claim?
Any compensation you may receive will depend on the severity of your injury and the impact it has on your life. Our specialist lawyers can give you a better idea of how much compensation you’re likely to secure after reviewing the details of your case, so contact us today.
7. Will I need to undergo a medical examination as part of my workplace assault compensation claim?
Yes. You will need to undergo a medical examination with an independent medical expert to support your workplace assault compensation claim and to enable our experts to put the best case for compensation forward for you.
8. How can I pay to make a workplace assault compensation claim?
Our lawyers are always open and transparent about the fees and costs that could be incurred as part of your compensation claim. There are multiple ways to fund a personal injury claim, but the most common is through a ‘no win, no fee’ agreement. This means that if your case is unsuccessful, you won’t receive a bill for any legal fees, however, if your case is successful, Thompsons Solicitors will take a ‘success fee’ of no more than 25 per cent of the compensation secured – we always make sure our deductions are lower than many high street firms would charge. Our legal advisors are happy to discuss all types of payment options with you – all you need to do is get in touch today, free of charge, by filling out our claim form, calling 0800 0 224 224 or requesting us to call you back at a time suitable to you.
Trade union members receive free legal advice from our experts as part of their membership package. Learn more on our trade union hub.
9. If I begin a workplace assault compensation claim against my employer, can they fire me?
Legally you cannot be dismissed from your role following an injury at work claim and that includes suffering an injury following an assault in the workplace. If they attempt to do so, you could have grounds for an unfair dismissal claim and should speak to our experts as soon as possible.
10. Why should I choose Thompsons Solicitors to make a workplace assault compensation claim?
We are the UK’s most experienced personal injury law firm. With nearly 100 years’ experience of securing significant amounts of compensation for victims of workplace injury, our expertise and legal guidance is unrivalled. We are proud to only ever act for the injured – we have never, and will never, represent employers or their insurers in any type of personal injury claim, making us uniquely committed to claimants. Learn more about Thompsons Solicitors and our pledge to you.
Thompsons Solicitors are specialists in all matters relating to workplace assault compensation claims and will expertly advise you as to whether or not you have a valid assault at work claim. There are strict time limits in place to make any injury claim, so contact our accident at work lawyers today for legal guidance. Call 0800 0 224 224, make a request for one of our experts to call you or simply fill out our quick and free Start a Claim form.
