By Cat Grayson. Last Updated 8th November 2023. Going to work every day seems like such a safe thing to do. We don’t expect to be assaulted in the course of our working day, but for some people, this is a reality. Some workplaces have a higher risk of assault, such as clubs, bars, hospitals, GP surgeries, care homes, and prisons, but wherever you were assaulted, you can be sure that if it isn’t your fault, you could claim compensation.
Within the sections below, you can find out more about what constitutes an assault at work, how we can help you see the amount of compensation you could recover, as well as information on the personal injury claims time limit for an assault at work in the UK.
Your claim could be made against your employer or the Criminal Injuries Compensation Authority (CICA), but for the purposes of this guide we are only looking at assault claims made against employers. We also answer questions such as how to start a personal injury claim, the reasons a No Win, No Fee personal injury solicitor is a good choice for many people and how Advice.co.uk can support you with this type of claim.
If you have further questions about claiming after being assaulted at work, then you can call us on 0161 696 9685. Alternatively, you can also contact us through our website or write to us using the Live Chat window now on your screen.
Assault at work claims guide
Select A Section
- Am I Able To Claim Compensation For An Assault At Work?
- How Long Do I Have to Claim Compensation for An Assault at Work?
- What Evidence Could Support My Assaulted At Work Claim?
- How Much Compensation For An Assault At Work?
- Claim With No Win No Fee Solicitors For Being Assaulted At Work
- Additional Resources for Victims of Workplace Assaults
Am I Able To Claim Compensation For An Assault At Work?
The first step in claiming compensation for an assault at work is identifying whether your claim meets the criteria, which states that you must be able to prove:
- You were owed a duty of care.
- This duty was breached.
- As a result, you were injured.
Employers owe their employees a duty of care under the Health and Safety at Work etc. Act 1974 (HASAWA). Under this legislation, employers must take all reasonably practicable steps in order to ensure the safety of their employees while working.
As we’ve already mentioned, in some cases, you would claim for an assault through the CICA. However, if you were assaulted at work because your employer breached their duty of care, then you may be able to make a claim against your employer.
For example, if a coworker has made threats of violence towards you and you report this to your employer, they should act on this. If they don’t, and you are assaulted, then this could be considered a breach of their duty of care.
Can I Claim If Assaulted At Work By A Service User?
You might be wondering if you can claim if you were assaulted at work by a service user. Similar to the above, you may be able to claim against your employer for assault by a service user if you can prove that they breached their duty of care.
For example, if you are asked to work with a service user without being informed that they have a history of violence, this could result in an assault. In this case, you may be able to make a claim against your employer.
Similarly, if you have been threatened or previously assaulted by a service user, and your employer takes no steps to put any safeguards in place, you may be able to claim against them if you are assaulted again.
Contact our team of advisors today to learn more about claiming compensation after being assaulted at work.
How Long Do I Have to Claim Compensation for An Assault at Work?
There are always limits in place for compensation claims. Below, you can see them laid out in the table. Should you have a query about whether you’re in time to claim, then we can help – just get in touch and we’ll provide free advice.
Incident Limit in years from incident date
Work accident 3 years from the date of the accident
Illness (Industrial) 3 years from the diagnosis of an illness or injury
RTA 3 years from the date of the accident
Medical Negligence 3 years from discovery of an injury or illness
CICA 2 years from the date of the criminal incident
What Evidence Could Support My Assaulted At Work Claim?
Examples of evidence that could be gathered to support an assault at work claim may include:
- Medical records that confirm the injuries you suffered due to the assault and the treatment you’ve received for them.
- Photographs of any visible injuries, such as cuts, bruising or swelling.
- Any video footage (such as CCTV footage) that shows the assault at work taking place.
- Contact details of any witnesses that saw the assault.
- A copy of a report made about the assault in your employer’s work accident book.
If a solicitor is supporting you, then they should be able to assist you with gathering evidence for your claim.
Contact our advisors today to see if you could be eligible to work with one of the solicitors on our panel.
How Much Compensation For An Assault At Work?
If you’ve been injured in a physical assault at work, you might wonder what your claim could be worth. Personal injury claims could be made up of two heads; general damages and special damages.
General Damages For A Physical Assault At Work
Firstly, in a successful claim, you would claim general damages to compensate for your pain and suffering. For example, if you’ve been assaulted at work by a customer, you may have a psychological injury in addition to your physical injury, you can claim for both under general damages.
Examples from the latest update of the Judicial College Guidelines (JCG) are in the table below. The JCG provides a rough guide to legal professionals valuing claims. As it is only a rough guide, the figures are for illustrative purposes only.
New table
| Injury | Severity | Potential Compensation | Notes |
|---|---|---|---|
| Brain Damage | Very Severe (a) | £282,010 to £403,990 | There is little to no language function, and there is no meaningful response to the surrounding environment. There is a need for full-time professional nursing care, and some return of waking and sleep patterns. |
| Brain Damage | Moderately Severe (b) | £219,070 to £282,010 | There is very serious intellectual or physical disability, with changes to personality and a depending on professional care. |
| Neck Injuries | Severe (a) (i) | In the region of £148,330 | Cases where the injured person has little to no movement in the neck, despite the constant wearing of a collar for 24 hours a day over a period of two years. |
| Neck Injuries | Severe (a) (iii) | £45,470 to £55,990 | This bracket includes injuries causing fractures, dislocations, and damage to soft tissues that result in chronic conditions and disabilities. |
| Facial Injuries | (a) | £23,810 to £36,740 | This bracket includes Le Fort fractures of the frontal facial bones. |
| Facial injuries | (e) | £30,490 to £45,540 | Very serious multiple fractures to the jaws followed by prolonged treatment and causing permanent consequences. |
| Scarring | Very Severe (a) | £29,780 to £97,330 | This bracket addresses relatively young claimants, where the cosmetic effect of the scars are very disfiguring, and there is a severe psychological reaction. |
| Scarring | Less Severe (b) | £17,960 to £48,420 | The psychological reaction here is significant, and the cosmetic effect is disfiguring. |
| Chest Injuries | (a) | £100,670 to £150,110 | Total removal of one lung, and/or serious damage to the heart, causing severe pain and suffering. |
| Chest Injuries | (c) | £31,310 to £54,830 | A relatively simple injury, such as one penetrating wound, causing permanent damage to tissue but having no permanent effect on lung function. |
Special Damages For A Physical Assault At Work
You might also be entitled to special damages. This part of your claim allows you to recover costs incurred due to your injury if you can prove them. For example, if you were assaulted at work by a supervisor, you might require therapy that isn’t provided by the NHS. The costs can be recovered if you have the invoices or receipts.
You could also recover:
- Loss of earnings.
- Transport costs.
- Home/vehicle adaptations.
This list is not exhaustive. Various factors impact what you could claim under special damages. Call our advisors for free guidance on what to do if you are physically assaulted in the UK.
Claim With No Win No Fee Solicitors For Being Assaulted At Work
If you’ve suffered due to an assault at work, compensation could be owed to you. If so, you may find it helpful to seek the aid of a No Win No Fee solicitor. When claiming with a No Win No Fee deal in place, you pay your lawyer a legally capped, small fee if your claim is successful. If you don’t receive compensation, you are not required to pay your lawyer.
All of the lawyers on our panel can work on a No Win No Fee basis and could help you claim for a physical assault at work. Get in touch with our advisors today for free:
- Call us on 0161 696 9685
- Contact us through our website
- Use the pop-up chat window in the corner
If you’ve been physically assaulted at work and need free guidance, our advisors are here to help on a 24/7 basis.
Additional Resources for Victims of Workplace Assaults
- Harassment/Violence in the workplace – An HSE guide
Below, you can find links to lots more guides on accidents at work:
- Accidents at work FAQ
- How to make an accident at work claim
- Agency worker accident claims
- How to make a claim if injured as a temporary worker
- I hurt myself at work, can I make a claim?
- Can you sue your employer for an accident while still employed?
- How to prove an injury at work
- Will claiming against my employer create problems?
- Advice on claims if injured working for cash
- Do I need accident at work solicitors near me?
- Employers’ responsibilities after an accident at work
- What happens if an employee does not report an accident or injury at work?
- How long after an accident at work do you have to claim?
- Do I need a lawyer if I get an injury at work?
- New employee had an accident at work – can they claim?
- I had an accident at work, what are my employers’ responsibilities?
- I didn’t take time off work after an accident, can I still claim?
- Who pays my work injury medical expenses?
- How to claim for a work accident
- What to do if I injured myself at work?
- Workplace accident claim time limits
- Accidents caused by tiredness and fatigue
- Can you be fired for a work-related accident?
- Foot injuries caused by a lack of safety books
- Could I make a workplace injury claim if I’m not an employee?
- Tendon injury at work claims
- Can you claim for an accident at work if you suffered no injury?
- How to claim for an injury at work when self-employed
- Can I be sacked for having an accident at work?