Experiencing an assault at work can be a traumatic and life-altering event. Beyond the physical and emotional impact, victims may face financial challenges due to medical bills, lost wages, and long-term effects on their ability to work.
Assault at work compensation claims are a crucial aspect of employment law, designed to protect the rights and welfare of those subjected to physical or verbal abuse in their workplace.
If you have been attacked at work, you may be able to claim compensation. A professional solicitor from our team at Beacon Law can offer legal advice and assist you in getting the assaulted at work compensation you are entitled to.
Forms of assault in the workplace
Some of the most common forms of workplace assaults include the following:
- Physical attacks, including being pushed, punched, kicked, slapped or scratched
- Verbal abuse, such as being called names
- Intimidating behaviour, including being shouted at or yelled at
- Verbal threats, such as someone threatening to hurt or kill a person, their family or their friends
- Aggressive interactions, including being spat at, being stared at menacingly, or hair pulling
- Threatening behaviour from an employer, such as an employer threatening to demote or sack an employee for filing an official report or voicing a complaint
Your employer has a duty of care to ensure a safe working environment. They should carry out risk assessments and any appropriate steps to ensure your safety. If your employer failed in their duty of care, you may be able to make a claim against them. More information can be found on the Health and Safety Executive website.
What should I do if I am assaulted at work?
Experiencing an assault in the workplace can be traumatic and challenging to navigate. Here are some important steps to take following an assault in the workplace:
Seek medical attention: It is crucial to prioritise your physical and mental well-being. If you have sustained physical injuries during the assault, seek medical attention promptly. Even if your injuries seem minor, it is essential to document them for potential legal or insurance purposes.
Report the assault: Report the assault to your employer or supervisor as soon as possible. Follow your company’s established procedures for reporting workplace incidents, and provide detailed information about the assault, including the date, time, location, and any witnesses present.
Document the incident: Take note of all relevant details surrounding the assault, including what happened, who was involved, and any witnesses. If possible, take photographs of any injuries or property damage as well as CCTV footage from the assault. Keep copies of any written communication, such as emails or incident reports, related to the incident.
Cooperate with authorities: If the assault constitutes a criminal offense, cooperate with the police who may be investigating the incident. Provide them with truthful and accurate information to the best of your ability.
Consult with legal counsel: Depending on the circumstances of the assault, you may have legal options available to you. Consider consulting with a knowledgeable solicitor who specialises in personal injury law to discuss your rights and potential courses of action.
By taking these steps following an assault in the workplace, you can prioritise your well-being, assert your rights, and take appropriate action to address the incident effectively.
Making an assaulted at work compensation claim
Making an assaulted at work compensation claim can seem overwhelming, especially if you are unfamiliar with the processes involved. To start your claim, reach out to Beacon Law using the provided contact information or fill out the form for a call back from a solicitor. They will guide you through the process and answer any questions you may have.
Then, on matters where we can act on your behalf, we will contact the defendant. Our communication to the defendant will consist of a notification of the claim and a request for their stance on liability alongside any evidence we may have at the time.
Whilst we await the defendant’s response, we will collect more evidence. Further to the information which you have already provided us, we can note more details regarding the claim and begin to build a case. At this point, we can contact witnesses for statements to support your claim.
Once the defendant responds, we will assess their position on liability. In ideal situations, a defendant will accept our position on liability and propose a settlement. From this point, we can negotiate a settlement figure.
Sometimes, the defendant will deny liability, and we will be required to continue communications. If it gets to a time when we believe that the case is not proceeding efficiently as a result of the defendant’s offers or behaviour, we can issue the claim.
This means that we will start working towards a hearing in court. However, a hearing is not guaranteed, and it is likely that the claim could settle before we reach the hearing itself. In some circumstances, the case may proceed to a court hearing. For more details on the claims process for a claim, please see our page on this specifically.
Time limits for assaulted at work compensation claims
Before starting your assault claim, it is important to note that there are strict time limits on personal injury claims. From the date of the accident that caused the assault injuries, the injured party will have 3 years in which to commence proceedings for claiming compensation for physical injuries. This time limit will also apply if you are making a claim against your employer.
If the case is brought as a criminal injury claim, the injured party will have 2 years to make a CICA claim. Criminal injuries claims are managed by the Criminal Injuries Compensation Authority (CICA).
It must be noted, however, that there are some exceptions to this rule:
For example, if the claimant was under the age of 18 at the time of the incident, they have until their 21st birthday to make their compensation claim. In the meantime, provided that the claimant is still under the age of 18, a litigation friend such as a parent, guardian, or close family member could claim compensation on their behalf.
Another exception to the time limit occurs when the claimant who has suffered an assault injury does not have the mental capacity to begin their compensation claim. In this case, a close family member or friend can claim on their behalf.
How much compensation could I receive?
It is difficult to determine the exact amount of compensation you will receive for your assault at work claim from the outset, as each case is unique. Therefore, the exact value of your claim can only be determined on a case-by-case basis when sufficient evidence has been provided to allow us to value your injuries.
Compensation for an assault at work claim is typically split into two sections: general damages and special damages.
General Damages
General damages refer to the compensation you will receive for your pain, suffering and loss of amenity. “Loss of amenity” is the legal term that refers to the impact that your accident or injury has had on your quality and enjoyment of life.
General damages are calculated according to Judicial College Guidelines, which are used by all personal injury lawyers when making a personal injury compensation calculation. Your personal injury solicitor will need to obtain all the required medical evidence in order to give a valuation of your general damages.
Special Damages
Special damages refer to the financial losses incurred as a direct result of your assault at work. Some examples of special damages include:
Travel and transportation costs – this can be for travelling to and from medical appointments.
Medical costs – this can include medical expenses, such as medication and consultation fees, and costs for long term treatment, such as physiotherapy or counselling.
Loss of earnings – you should be able to claim for loss of income compensation if you needed to take long periods of time off work as a result of an assault in the workplace.
It is very important to keep all receipts and invoices for your special damages, as they will be required to prove your financial loss.
How can Beacon Law assist?
Beacon Law are a law firm of specialist personal injury solicitors. We have helped many of our clients with assault claims and circumstances relating to their work.
We have years of experience in assisting those who have experienced all types of assault injuries. We deal with personal injury claims on a daily basis and have vast experience in injury-related cases.
