Assault in the Workplace Cases

The HSE in 2013/4 received 4,936 reports of injuries to workers caused by assault consisting of 4,069 cases where the employee required 7 or more consecutive days off work, 866 major injuries and one fatality.

In about 1 in 3 cases the assault is by a person known to the victim at work and liability to pay compensation can be established against the employer/their insurers where some connection is established between the perpetrators act and the discharge of their duties albeit by an unauthorised mode.

In many cases employers can act defensively tending to close ranks with the perpetrator presumably to avoid reputational harm and will try to defeat claims for injury and loss sustained by the victim. This is a specialist area and we have had success in the past in establishing vicarious liability following denials of liability by the defendant and insurer

In the majority cases however the assault is perpetrated by non- colleagues usually clients, service users or patients and liability on the part of the employer/their insurer can arise where the injury could have been prevented had an appropriate risk assessment been done and reasonably practicable control measures put in place such as adequate supervision, staffing levels, information and training given and suitable Personal Protective Equipment provided. In such cases the claimant begins at a disadvantage often away from work and without immediate access to evidence or witnesses before they have been debriefed by the employer.

In all such cases it is important to promptly report the assault, seek medical attention, take photographs and in appropriate cases to contact the police and to preserve evidence that may later become important.

Claiming Compensation for Assault at Work

At Carrs Solicitors we have considerable experience at preparing cases for compensation following work related assault acting under a no win- no fee agreement with no up front charges and a limited contribution only towards costs from any damages recovered.

Contact Carrs Solicitors

For Free confidential advice and to arrange a home visit please call 01204 496898 during or out of office business hours. Alternatively you can leave your details for a call back or send your enquiry by email to find out how we can help you to make a claim.