Truth Legal was founded by Solicitor Andrew Gray specifically to represent people who had been assaulted at work, and have suffered injury. Andrew Gray had previously been working as a specialist Violence at Work solicitor at a national law firm when he decided to set-up a new law firm dedicated to representing people who had been subjected to Violence at Work.
Read Andrew Gray’s experience of being assaulted on the first day at work as a personal injury lawyer here.
Assault at work compensation claims are a niche area of personal injury law and require specific, bespoke legal expertise. Truth Legal are your Violence at Work specialist solicitors. We represent people who have been injured because of Violence at Work throughout the country, in multiple industries.
Specialist Assaulted at Work solicitors should be used for compensation claims because they understand and have experience in proving that an employer was at fault for the assault. Unlike an accident at work compensation claim, it is usually much more complicated to prove that the direct actions of another person were caused or contributed to by your employer. It’s essential that your lawyers know how to obtain the correct evidence from your employer in order to win your claim.
Violence at work can happen to any person at work, however, some sectors have a higher incidence of assaults at work. See our article on Violence at Work Statistics to compare your sector with others.
3 types of Assault at Work Compensation
When someone has been attacked at work and has sustained injury, there are three separate and overlapping claims that can be brought, all at the same time. Each claim requires a different degree of proof, has different percentage chances of winning and pays different levels of compensation.
Below we set out the three types of Assault at Work Compensation Claims
Compensation Claim Against your Employer
If you have sustained injury because you have injured yourself in an accident at work, for example, you have been injured following a slip or because of faulty work equipment, then you can bring an Accident at Work claim (link to that page). Similarly, if you were doing your job and someone has deliberately injured you – be it a patient, resident, pupil, customer or colleague etc, then you can bring a No Win, No Fee compensation claim against your employer. In reality the compensation claim is brought against your employer’s Employers’ Liability insurers. Employers’ Liability insurance is compulsory, so your employer ought to have a policy and the policy certificate ought to be visible on a noticeboard.
Generally in order to be successful in a claim against your employer, you need to be able to demonstrate that the assault at work was predictable – that is, that the attack was likely to happen. It could be that there have been multiple attacks at work and your employer has done nothing, or very little, to reduce the risk of further attacks. It could be that there was a shortage of staff, or a failure to train the staff properly. Sometimes an assault at work is entirely unpredictable and your employer was not legally at fault.
If you can prove that the attack at work was your employer’s fault, then the value of your personal injury claim compensation will be calculated using the same method as would be the case for an Accident at Work claim. If successful with your claim, you would be entitled to compensation for pain, suffering and loss of amenity, as well as compensation for any financial losses and care and assistance. See our blog on what you can claim for.
Criminal Injuries Compensation Authority (CICA) claim.
At the same time as bringing an Assault at Work injury claim against your employer, you can also submit a claim to the Criminal Injuries Compensation Authority (CICA). The CICA is administered by the Government. It is a scheme which pays compensation to people who have been injured through violence. Sadly, the Government has reduced the budget to the CICA. As a result, the compensation paid by the Government has fallen in recent years.
Usually, in order to make a successful CICA compensation claim, you need to have been an innocent victim of violence and that you reported the crime to the police quickly and cooperated with the police throughout their investigations, attending court if necessary. Deductions from compensation are often made by the CICA if you have a criminal record.
Compensation paid by the CICA is usually a lot less than you would receive had you been able to win 100% an Assault at Work claim against your employer. If you win both claims against your employer and to the CICA, then the CICA usually wants to recover their compensation award.
A CICA claim can be lodged online here: https://www.gov.uk/government/organisations/criminal-injuries-compensation-authority. You do not need a solicitor or legal executive to bring the claim for you, but it is often prudent to use a qualified legal representative to submit a CICA claim. Often the first decision by the CICA – whether to award compensation and if so how much – needs appealing because the decision is wrong. There are strict time limits for appealing/reviewing a CICA award.
Compensation Claim Against your Attacker
People who attack others aren’t usually sued because, more often than not, they tend not to have any money. However, if your assailant does have assets, then you are able to bring a claim against them. After all, they are the ones who injured you.
By way of example, Truth Legal brought a personal injury claim against a wealthy celebrity as a result of an assault the celebrity committed on our client. The wealthy celebrity paid our client compensation, paying the legal costs as well.
As it is impossible to buy an insurance policy to protect yourself in the event that you assault someone, sadly it is only the wealthy attackers who are ever sued. Poorer attackers usually escape having to defend a compensation claim.
If an attacker is convicted in a criminal court of the assault on you, or accepts a police caution, then the attacker will automatically lose any civil compensation claim brought by you against them. This is because the standard of proof is higher in a criminal court – as it is “beyond reasonable doubt”. In a civil court, which would adjudicate on your compensation claim, the standard of proof is “on the balance of probabilities”.
Compensation ordered by the courts
If your attacker has been convicted in a criminal court for the assault on you, then a court may order the criminal to pay you – the victim – some compensation. If this happens, the sums ordered to be paid are not substantial and usually are paid by the attacker every month.
Assaulted at work – your rights
You have the right to report the assault to the police and to the organisation that you are working for. If you are off work for 7 days or more due to the injuries, then your employer should send a RIDDOR form to the Health and Safety Executive.
In terms of sick pay, your employer should pay you contractual sick pay if you have this right in your employment contract, or Statutory Sick Pay (SSP) if you don’t have a right to contractual sick pay.
You have the right to have appropriate Personal Protective Equipment. You have the right to receive a risk assessment for your job. You have the right to submit a grievance, and the right to submit a Subject Access Request.
You have the right to submit a compensation claim against your employer. You have the right to make an application to the Criminal Injuries Compensation Authority for compensation. You have the right to sue your attacker, but only sue your attacker if they have any money to pay you. You have the right to work in a safe environment.
Read our 14 things to do after an assault at work article.
Types of Assault at Work Cases We Can Help With
We are a Harrogate based law firm, with a presence in York, London and Manchester, our dedicated team of Assault at Work solicitors – both personal injury lawyers and employment lawyers – are willing and able to assist you today. The consultation will be conducted confidentially. There is no obligation to instruct us nor to take the matter further.