Assaulted at work claims
If you're an employee who's been attacked or assaulted at work by a service user, manager, customer or colleague, it's likely you're feeling frustrated and upset - possibly still in shock about what happened and unsure what to do next.
No-one should have to experience being psychologically, sexually or physically attacked at work. If this has happened to you, we understand what a difficult time you're going through. The incident may have caused painful physical injuries and may also have affected your relationships and mental wellbeing.
Your employer has a legal duty to protect you from any risks, including assault, while in your workplace. Their duty to ensure the welfare of their employees is set out in the Health and Safety at Work Act 1974. If they fail to do this, you may be able to make an assault at work claim.
We know that this may not feel easy, and you may be worried about what will happen. Rest assured that we're here to help you every step of the way and can give you free, confidential advice on your options. Get in touch with our legal experts today to find out if you can make an assault at work claim.
What is a workplace assault?
What is a workplace assault?
No one should ever be put in danger at work, but sometimes assaults unfortunately happen. If you've been involved in an incident and are wondering what is classed as being assaulted at work, the Health and Safety Executive defines it as ‘any incident in which a person is abused, threatened or assaulted in circumstances relating to their work'.
The European agreement says that an assault at work can happen in many forms, including physical, psychological and/or sexual abuse. It may be a one-off incident or part of repeated behaviour. Situations such as being punched, kicked, slapped or physically attacked at work in any other way would be classed as assault.
Verbal abuse is also classed as being assaulted at work, for instance being shouted at, threatened, or racially or ethnically abused - however, a claim needs a clear and diagnosed medical condition arising from the abuse. Examples would include conditions like post-traumatic stress disorder (PTSD) or clinical depression. This is a complex medical and legal area so there are neither quick fixes nor hard and fast rules. You should seek professional advice at the earliest opportunity.
If you're an employee who's been assaulted at work by a customer, manager, co-worker or otherwise, please don't hesitate to get in touch with our legal team who may be able to help you make things right.
What to do if you are assaulted at work
What to do if you are assaulted at work
We know that being assaulted at work is hugely traumatic and you may not know what to do next. The first thing you should do is take yourself to a safe place away from the attacker and seek medical help for the injuries you have. You should make sure your doctor has details of your injuries and ask someone you trust to take photographs if necessary if you feel comfortable doing so.
After being assaulted at work by a manager, customer or colleague, you need to report it to your employer and/or HR department. Write a statement about the incident as soon as you can, while the details are still fresh in your mind. If you've been unable to work and had seven days or more off because of your injuries, you should also check that your employer has notified RIDDOR of the incident as such incidents must be officially recorded.
Reporting an assault at work to the police is also important, as your case may need to go through the Criminal Injuries Compensation Authority. You should try to gather as much evidence as possible after you got assaulted at work, for instance requesting CCTV footage, taking photos or noting down the names and contact details of any witnesses.
We understand it may be difficult to know what to do if you are assaulted at work - so please know we're here to help you figure it out. You can get in touch with our friendly lawyers who'll give you free, confidential advice and let you know if you can make a claim for compensation. You could also start your claim online today. There's absolutely no pressure to go ahead - you make the decision that's right for you.
I was assaulted at work - what are my rights in the UK?
I was assaulted at work - what are my rights in the UK?
No matter where you work, your employer has a legal duty to protect you from harm. This includes providing any personal protective equipment (PPE) you need, doing risk assessments and putting things in place to reduce any risks.
If your employer fails to protect you and it results in you being assaulted at work, you can report the incident to the police and to your manager or HR department. If you've had to take time off because of your injuries, you'll be entitled to Statutory Sick Payor contractual sick pay if this is included in your employment contract.
We understand that making an assault at work claim may seem daunting and that you may be worried about what will happen afterwards. Please know that you can't be sacked for making a claim and you can't be treated any differently either. The law is firmly on your side and is there to stop this from happening to you.
If you'd like any more information on what your rights are after being attacked at work, speak to our friendly and compassionate advisors. They'll take the time to listen to what happened and give you legal advice on what to do next.
Can I claim compensation for being assaulted at work?
Can I claim compensation for being assaulted at work?
Usually, to be able to make an assault at work claim against your employer, you need to show that the incident was preventable. For example, if the attacker had been aggressive or violent in the past and your employer didn't do enough to protect you and other employees. Or, if your workplace was understaffed and you were attacked by a service user or customer, you may be able to claim against your employer.
You may be able to make an assault at work claim if you were:
- Assaulted at work by a service user.
- Assaulted at work by your manager or supervisor.
- Assaulted at work by a customer.
- Assaulted at work by another employee.
We know that after being assaulted at work, compensation can't take away what happened or the distress you've endured. But it may give you some of the financial support you need to get your life back on track, particularly if you can't work due to your injuries.
If you're unsure if you can make an assault at work claim, speak with our team of legal experts who'll be happy to talk everything through with you confidentially. Once we have an understanding of what happened, we'll be able to let you know if we think you may have grounds to make a claim.
How much compensation can I get for an assault at work?
How much compensation can I get for an assault at work?
Unfortunately, we can't give you a quick answer on how much compensation you can get for an assault at work, as it will depend on what's happened to you. To work out the compensation you may receive if your case is successful, your lawyer will take several different things into account, like the severity of your injuries, recovery time, the circumstances and the effect the incident has had on your life in general. These are known as general damages. Then there are special damages and these cover any financial losses you may have experienced, such as loss of income.
If you'd like to make a claim after being assaulted at work, your lawyer will look at things like:
- Any earnings you've lost if you've had to take time off work.
- Any costs you've had related to your injury, like medical bills, prescription costs or travel to the hospital.
- Any changes you've had to make to your home or car because of your injury.
- Any impact the injury has had on your quality of life, for example if you can't take part in your usual hobbies.
- Any effect the incident has had on your mental health.
Our expert legal specialists could help you get the compensation you deserve after a work attack. Please don't hesitate to speak to us on , request a call back or start your claim online today and we may be able to help you make it right.