Nurses & Healthcare Workers

Compensation claims for assaulted at work cases

///Nurses & Healthcare Workers
Nurses & Healthcare Workers 2018-11-08T11:41:16+01:00

At Truth Legal we will specialise in dealing with personal injury claims arising from violence against NHS and healthcare staff.

Few solicitors will bring workplace violence claims against employers because they are thought not to be sufficiently profitable.

Many incidents of violence in the NHS go unreported, so the true scale of the problem is unknown. Truth Legal is currently undertaking a survey of violence in the NHS, and will publish the results on the ‘Campaigning’ section of our website. However we do know that figures in some Trusts are high and rising. NHS Protect has compiled statistics for each NHS Trust.

Typical Scenarios

  • Nurses or health care assistants are assaulted by a patient because of staff shortages on the ward.
  • A known aggressive patient is allowed to wander the corridors attacking staff randomly.
  • Security personnel are injured when they restrain a dangerous patient.
  • A failure to adequately risk-assess a patient leads to a violent assault on an unsuspecting member of staff.
  • An unstable patient threatens to attack staff but his threats are not taken seriously until it is too late.
  • Equipment, such as panic alarms and radios, do not work and fail to prevent an attack.

In each of the scenarios above, the victim could make any or all of three overlapping claims:

  • A civil personal injury claim against a Trust or employer
  • A civil claim against the assailant, if they have assets
  • A Criminal Injuries Compensation Authority (‘CICA’) claim

It is worth remembering that you cannot ‘double recover’ (get paid twice for the same injury), so if you are awarded a CICA payment and your civil claim succeeds too, the government can reclaim the CICA compensation.

How to fund your claim for an assault at work in a nursing or care home

Funding for injury claims is complicated, so we recommend that you discuss your options with us on a free, no-obligation basis. Click here for our contact details. What do you have to lose?

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