How Much Compensation Can I Claim For An Assault At Work?
By Stephen Hudson. Last Updated 8th September 2023. Have you been assaulted at work? If so, you could be entitled to make a claim for assaulted at work compensation. This guide has been created to explain how you could do so, so please read on to learn more.
We are supposed to feel safe at our place of work. The last thing we should anticipate is an assault. Although some working environments are more dangerous than others, such as bars and clubs and care homes and prisons, this does not mean we should suffer any type of physical or verbal abuse.
Assaulted at work
Employers need to put measures in place to reduce the chances of this occurring, and if they have failed to do so, you will be able to launch a claim against them. Of course, even if your employer has provided thorough training, acted on violence records, and supplied the required PPE, you can claim the person that has assaulted you via the CICA. This is something we can assist with.
To get in touch with our team, simply:
- Write to us
- Call us now on 0800 073 8804
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Select a Section
- What is an assault at work?
- What to do if you are assaulted in the workplace
- Can I claim compensation if I have been verbally assaulted in the workplace?
- I Got Assaulted At Work By A Customer – Can I Claim?
- Compensation For Being Assaulted At Work
- Claiming With A No Win No Fee Lawyer If You’ve Been Physically Assaulted At Work
- Useful links
What is an assault at work?
Workplace assault is any unwanted action or remark in the workplace that undermines, insults, humiliates or causes physical or emotional harm.
An assault at work can be physical or verbal. There are three, broadly-defined categories of workplace violence, which are as follows:
- An unprovoked act of violence committed by an individual that has a legitimate connection to the company. This could be an employee’s spouse or a delivery person. It could also be an assault at work by one or more colleagues.
- An act of unprovoked violence that has been committed by a customer, patient, or client.
- An unprovoked act of violence committed by a person with no legitimate connection to the business. This could be a burglar, for example.
The most common forms of workplace violence include the following:
- Physical attacks i.e. punching, kicking, scratching, etc.
- Verbal abuse or threats of abuse, including those of a sexual nature
- Sexual abuse or harassment, ranging from unwanted touching to rape
- Unwanted flashing
- Soliciting sex in return for hiring or promotion
- Pressuring a work colleague or employee into going on a date
- Threatening to dismiss an employee should they air their grievances or voice a complaint
- Insisting a work colleague or employee carries out an action that is against company policy
- Threatening an employee with demotion or dismissal unreasonably
- Drawing a weapon on someone aggressively
An assault in the workplace is classed as an accident at work claim. If you’ve been affected in any of these ways, get in touch with our team for free legal advice on claiming compensation for assault.
What to do if you are assaulted in the workplace
If you have been assaulted in the workplace, it is vital to take the necessary steps to gather evidence to support your assaulted at work compensation claim. This includes doing the following:
- Visit a medical professional – Needless to say, this doctor is important for the sake of your health. But it is also essential for your case too. This is because the medical report the doctor provides will document your injuries, as well as the recommended course of treatment and the severity of your suffering. This will then be used to determine how much compensation you will receive.
- Get witness contact information – Did anyone witnesses the assault? It is crucial to get their contact information – their name, address, and telephone number. Witness statements can really help to strengthen your case.
- Make notes about the incident – As soon as you get the opportunity, it is a good idea to note what happened. Don’t leave out anything. This will ensure that you do not forget anything important later down the line.
- Keep proof of expenses – You will need to keep evidence of all of the expenses you have encountered due to the incident. This can be anything from loss of earnings and medical bills to the cost of travelling to the hospital and childcare expenses. So long as the expense occurred due to the assault, you could claim it back.
- Report the incident to your employer – Unless your employer is the one that has assaulted you, you should report the incident to them. All employers must keep an accident book by law, and the incident will need to be recorded in there. Plus, this helps to prove that the assault did take place.
Top tips on proving assault at work claims
As mentioned above, gathering witness contact details for your solicitor to obtain witness statements can be a useful way of backing up your claim. However, there are other forms of evidence that could be helpful. The more relevant evidence you have, the greater your chances of success can be.
Here are some additional examples:
- CCTV footage – Some workplaces are equipped with video surveillance systems. As such, the instance of assault may have been captured. If the attack itself is not present in the footage, then it’s possible that there may be supporting images such as of you being threatened by a coworker. You can request the footage from your employer.
- Medical records – Following treatment, details regarding your injuries will be contained in an official document that you could request access to.
- Photographs – Images of your physical injuries can be very useful. Not only can they establish that the injuries were authentic, but they can also give an indication as to how severe they were before healing began.
If you need more information, get in touch. If you work in the medical field, we can also let you know whether or not you can claim due to being assaulted at work by a patient, or even assaulted at work by a resident.
Physically Attacked At Work – Claim Time Limits
If you were physically attacked at work, and are seeking compensation, the time you have to do so will depend on the type of claim you are making.
If you are claiming against a vicariously liable third party who breached the duty of care they owed you, in this instance, your employer, you would generally have three years to begin your claim. Alternatively, if you were making a claim for assault in the workplace through the CICA, you would generally have two years to seek compensation.
In some cases, exceptions to the time limits could apply. For more information on how long you have to start a claim if you were assaulted at work and the compensation you could be awarded, get in touch on the number above.
Exceptions To The Time Limit When Making An Assault At Work Claim
If your employer is found to be vicariously liable and you make the claim directly against them, the time limit for starting an assault at work claim can work differently under certain circumstances. If, for example, the injured party lacks the mental capacity to start a claim, then the time limit is suspended indefinitely. A court-appointed litigation friend could claim instead on behalf of the injured party. If this does not happen though, and the injured party later recovers their mental capacity, then the time limit will instead start from the day of recovery.
If the injured party who was assaulted at work is under the age of 18, then the time limit will not start for them until the day of their 18th birthday. A claim could be made on the injured party’s behalf by a litigation friend. If this doesn’t happen, then the injured party will have three years to start their own claim for getting assaulted at work once they turn 18.
To learn more about your eligibility to claim, or to ask about other aspects of claiming, such as the average payout for an assault at work, contact our advisors for free today.
Can I claim compensation if I have been verbally assaulted in the workplace?
Any type of verbal abuse in the workplace can have devastating consequences. Many people worry that they cannot claim verbal assault, as they won’t have bruises or suffered any type of physical damage.
Luckily, UK employment legislation enables us to claim on your behalf if you have been the victim of discrimination, harassment, or bullying. After all, verbal assault can also cause internal scars, which a person carries with them for a long time, and this type of psychological damage is not something that should be overlooked or downplayed.
A physiological injury can be just as traumatic as a physical one. Such incidents also come in many different forms. Verbal harassment could be sexist comments, sexually explicit references, derogatory name-calling, or racism. No matter what type of verbal abuse you have suffered, please do not hesitate to get in touch. We will ensure you receive the maximum assaulted at work compensation payout you are entitled to for your mental torment.
I Got Assaulted At Work By A Customer – Can I Claim?
If you were attacked at work and injured by a customer, you may be eligible to make a criminal injury claim. As we had previously said, you would do this by making a claim through the CICA and applying for compensation from the tariff offered in the Criminal Injuries Compensation Scheme (2012).
However, if your assault at work happened because your employer neglected their duty of care, then they could be held liable for your injuries. This could be the case if your employer failed to take necessary precautions or actions when there was just cause to have done so. For example, if you had expressed repeated concerns about a customer, but your employer had taken no measures to protect you from harm, leading to an injury, you could potentially hold them liable for compensation.
If you were assaulted at work by a customer then please speak to one of our advisers to learn about whether you could be eligible to claim.
Compensation For Being Assaulted At Work
If you’ve been physically attacked at work, compensation for being assaulted at work could include general damages and special damages.
General damages aims to compensate you for the physical and psychological effects of your injury. You could be eligible for special damages if you have also experienced financial loss due to your accident or injury.
Solicitors can use compensation amounts from the Judicial College Guidelines (JCG) to assist them in valuing general damages.
The amounts in the compensation table below are taken from the April 2022 edition of the JCG. They are not guaranteed amounts for a claim, as all claims will be assessed individually.
| Reason for compensation | Typical compensation amount | Comments |
|---|---|---|
| Very severe brain damage (a) | £282,010 to £403,990 | The level of award is impacted by the extent of physical limitations, life expectancy, and the degree of insight. For the maximum payout, there will be little, if any, language function and meaningful responses to the environment. |
| Severe psychological damage (a) | £54,830 to £115,730 | In these cases, the claimant will have marked problems with regards to their ability to cope with work and life, future vulnerability, the extent to which treatment would be successful, and their relationships with friends and family members. Plus, the prognosis will be very poor. |
| Moderately severe psychological damage (b) | £19,070 to £54,830 | These cases are similar to the above. However, the prognosis will be a lot more optimistic. |
| Moderate psychological damage (c) | £5,860 to £19,070 | For these cases, there will be some problems with the likes of future vulnerability and the person’s ability to cope. However, prognosis will be good, and by the time of the trial there will be marked improvement. |
| Less severe psychological damage (d) | £1,540 to £5,860 | The level of award granted will take into consideration the length of the period of disability. It will also consider the extent to which sleep and daily activities were impacted. |
| Digestive system – damage from a traumatic injury - severe (a) (i) | £43,010 to £61,910 | Severe damage with continual discomfort and pain. |
| Digestive system – damage from a traumatic injury – serious (a)(ii) | £16,790 to £27,760 | Serious non-penetrating injuries, which cause permanent or long-standing complications. |
| Digestive system – damage from a traumatic injury – stab wounds / lacerations (a) (iii) | £6,190 to £11,820 | Industrial lacerations or penetrating stab wounds. |
| Fracture of the jaw (e) (iii) | £6,460 to £45,540 | The bottom end of the payout is for simple requires that require immobilisation but a complete recovery is made. At the higher end of the payout spectrum, we have very serious, multiple fractures, followed by permanent consequences and prolonged treatment. |
| Fracture of cheekbones (d)(iii) | £2,320 to £2,990 | At the lower end of the payout, we have simple fractures, which do not require surgery. At the higher end, payout is for serious fractures that require surgery yet still have lasting consequences. |
| Minor brain or head injury (e) | £2,210 to £12,770 | In these cases, brain damage will be minimal – if there was any. The level of compensation awarded depends on the absence or presence of headaches, the extent of the continuing symptoms, the recovery period, and the severity of the initial injury. |
| Fractures of nose or nasal complex (c) (iv) | £1,710 to £2,520 | The lower payout is for simple undisplaced fractures with a full recovery. The higher end of the payout is for multiple or serious fractures, which require numerous operations and/or result in permanent damage. |
Sometimes, you will not be able to claim directly against the person who assaulted you. This can be for a variety of reasons, but one possibility is that they don’t have the funds available to compensate you.
If this is the case, the table above would not be relevant. Instead, your injuries would be compensated in accordance with the CICA tariff. Through this scheme, each injury is assigned a specific value.
However, if your claiming for multiple injuries only the most valuable injury is awarded to you in full. After that, the second and third most valuable ailments can still be included in your compensation, but only at 30% and 15% of their respective values.
I Was Assaulted At Work – Can Compensation Include Special Damages?
If you make a successful claim after being assaulted at work, your compensation settlement might also include special damages. This head of claim compensates you for the financial losses you suffered due to your injury after getting assaulted at work.
Some of the financial losses you could be compensated for include:
- A loss of income.
- Medical expenses.
- Care expenses.
- Travel costs.
Providing relevant evidence of these losses could be beneficial in your claim for special damages. For example, payslips, receipts and bank statements could be used as proof of these losses.
It is also important to note that if you are making your claim through the CICA, the compensation you may be awarded could differ.
To learn more about the differences between a claim against an employer, and a claim via the CICA, you can contact our advisors.
Claiming With A No Win No Fee Lawyer If You’ve Been Physically Assaulted At Work
If you suffered injuries in an assault at work and are eligible to make a personal injury claim, one of our lawyers could help you. They have experience with various types of claims, including those for assault at work compensation. If one of our lawyers agrees to take on your case, they may offer their services under a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA).
When you make a claim with a No Win No Fee lawyer under this arrangement, you won’t have to pay any upfront or ongoing fees for their services. Furthermore, if your claim is unsuccessful, you won’t be required to pay them for the work they have done on your claim.
If your lawyer is successful, they will take a legally capped success fee out of your compensation award.
If you’ve been physically assaulted at work, you can get in touch with our advisors to see whether you could be eligible to make a personal injury claim. If they think you have a strong case, they could connect you with one of our lawyers.
To speak to an advisor:
- Start your claim online.
- Call 0800 073 8804
- Use our live chat.
Useful links
In this last section of our guide on what to do if you’ve been assaulted at work, we’ve included some other guides you may find useful.
HSE workplace harassment and violence
This takes you to the Government’s Health and Safety Executive website where you will find information on work-related violence. This includes the law on such matters and guidance on preventing workplace harassment and violence.
How Much Compensation Can I Claim For Bullying At Work?
If you have been the victim of bullying at work, find out if you can claim compensation contact LegalExpert.co.uk for free advice.
Citizens Advice website harassment at work
This link takes you to the harassment at work section of the Citizens Advice website. You will find useful information on the Equality Act 2010 and guidance on the different types of harassment.
Bullying.co.uk on bullying at work
This link provides you with plenty of advice on bullying at work. This includes relational bullying at work, workplace bullying and your emotional health, the signs of workplace bullying, and how workplace bully can affect your family.
Government website on workplace bullying and harassment
This link takes you to the UK Government website, where you will find information on bullying and harassment. This includes examples of bullying and harassment and details regarding the law and what to do if you feel you are being bullied or harassed.
Check out some of our other guides on accident at work claims:
- How to claim for a minor injury at work
- 10 things to know about accident at work claims
- What to do if injured from work activities
- Firefighter accident at work claims
- Agency worker accident at work claims
- Night shift accidents
- Emergency service worker accidents
- Part-time worker accidents
- Accidents caused by inadequate protective equipment
- Paralysis injury claims
- Work accidents caused by tools
- Office accident claims
- Injuries caused by dangerous machinery at work
- Workplace accident claims
- Can you make an injury claim against a colleague?
- Agency worker accident claims
- Forklift truck accidents
- Can I be sacked for making a workplace accident claim?
- Do I get sick pay after an accident at work?
- Steps to take when injured at work
- Manual handling claims
- One person and two-person lifting and handling cases
- How to claim for a ladder accident
- How to get compensation for a cut finger at work
- Scaffolding accident claims
- Warehouse accident claims
- Defective work equipment cases
- Industrial deafness claims
- Our accident at work claims FAQs page
Thank you for reading our guide on assaulted at work compensation claims.
