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Assaulted at Work Claims for Compensation

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Instances of workplace assault can occur across various industries and organisational settings. Such incidents in which a person is assaulted can have profound repercussions, not only on the victim’s physical health but also on their emotional and psychological welfare, workplace morale, and overall productivity.

Assault at work claims represent a crucial aspect of employment law, aiming to safeguard the rights and well-being of individuals who have experienced physical or verbal abuse in the workplace.

If you have suffered from an assault at work as a result of someone else’s actions, 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.

Causes that lead to assaults in the workplace

Assaulted at work claims can arise due to a variety of reasons, reflecting the complex interplay of individual behaviour, workplace culture, and other dynamics within the workplace. Some of the key reasons for assaulted at work claims include:

  1. Workplace Violence: Instances of workplace violence, whether physical or verbal, can lead to assaulted at work claims. This violence may stem from conflicts between coworkers, disputes with customers or clients, or even abusive behaviour from supervisors or managers.
  2. Inadequate Security Measures: Failure to implement adequate security measures and protocols can leave employees vulnerable to assault in the workplace. This includes insufficient training on handling volatile situations, lack of security personnel, or inadequate monitoring of access to the premises. You may be able to claim against your employer if this occurs.
  3. Hostile Work Environment: A hostile work environment characterised by harassment, intimidation, or bullying can contribute to heightened tensions and, in some cases, physical altercations. Employees may file assaulted at work claims if they have been physically attacked or subjected to sustained mistreatment that creates an unsafe or hostile atmosphere.
  4. Negligent Hiring or Retention Practices: Employers have a duty of care when hiring and retaining employees, especially when there are known risks or red flags regarding an individual’s propensity for violence or aggression. Failure to conduct thorough background checks or address prior incidents can expose organisations to liability for assaults committed by employees.
  5. Inadequate Policies and Procedures: Insufficient policies and procedures for addressing and preventing workplace violence can contribute to the likelihood of assaults occurring. This includes a lack of clear reporting mechanisms, ineffective disciplinary measures, and a failure to provide support and resources to victims.
  6. High-Stress Environments: Workplaces characterised by high stress, intense competition, or demanding performance expectations may be more prone to incidents of aggression and violence. Pressure to meet deadlines, achieve targets, or pressured circumstances relating to their work can lead individuals to assault in the workplace.

What should I do following an assault in the workplace?

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:

  1. Seek Medical Attention: It is crucial to prioritise your physical and mental well-being. If you have sustained 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.
  2. 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.
  3. 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.
  4. 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.
  5. Seek Emotional Support: Dealing with the aftermath of an assault can be emotionally taxing. Consider seeking support from friends, family members, or mental health professionals who can provide emotional support and guidance during this challenging time.
  6. 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.
  7. Follow Up on Workplace Policies: Familiarise yourself with your company’s policies and risk assessments regarding workplace violence and employee safety. Ensure that your employer takes appropriate action to address the incident and implement measures to prevent future occurrences.

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 claim

Making a claim for compensation 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.

If our clients have any questions regarding the legal process, we are always more than happy to provide them with any further information which they may require.

For more details on the claims process for a claim, please see our page on this specifically.

How much compensation could you receive from an assaulted at work compensation claim?

The amount of compensation you receive for your assault injury will vary depending on a number of factors. We will base the valuation of your general damages on recent case law, as well as guidelines set out by the Judicial College.

You will also be able to make a claim for special damages, which include additional financial losses sustained as a result of your injuries. These can include:

  • Loss of earnings if you required time off due to the accident or if you have been required to change or leave your employment as a result.
  • Travel costs – for travel to and from medical appointments.
  • Parking costs at medical appointments.
  • Care and Assistance compensation for any paid or additional unpaid care required as a result of the accident; this can include care provided by a family member.
  • Medical treatment costs.
  • Costs of making any required adjustments to your home as the result of your injuries.

You should ensure that you keep all receipts and invoices for your additional losses, as these will be required to prove your losses.

No Win, No Fee claims

At Beacon Law, we offer our services on a no-win, no fee basis. This type of funding means that, in most circumstances, you will not be required to pay anything if your claim is unsuccessful. In some cases, interim payments can be obtained during the case to assist with legal fees.

If your claim is successful, we will deduct a percentage of your compensation to cover our fee, and a small amount will also be deducted to cover the cost of an After the Event Insurance Policy. To find out more about our fees, have a look at the funding section on our website.

Time limits for assaulted at work 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. 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) who have set up a Criminal Injuries Compensation Scheme in England and Wales.

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.

Why choose Beacon Law?

Beacon Law are a law firm of specialist personal injury solicitors. We have helped many of our clients obtain the compensation they deserve for their injuries sustained as the result of an assault in the workplace.

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.

You can request an initial consultation by completing the online help form, and an experienced solicitor will contact you to discuss your case. Alternatively, you can call us on 0330 1332 857, and we will be happy to assist you with your query.

Beacon Law are authorised and regulated by the Solicitors Regulation Authority. To find out about our no win, no fee funding options, have a look at the funding section on our website.

Make a Claim

Contact us today to find out if you have a claim.

Use our Contact Forms or Call 0330 1332 857

Contact Us

 

General Enquiries:

0161 428 1234

New Claims:

0330 1332 857

Fax: 

0161 239 1072

Address

Beacon Law

1st Floor

Shirley House

12 Gatley Road

Cheadle

Cheshire

SK8 1PY