As an employee, you deserve to be protected from dangers in the workplace. This includes attacks, assaults or other acts of violence from both co-workers and service users.
The law is clear on the duties of an employer to protect their employees, and Truth Legal believe that every employer should be held accountable when they fail to do so. If you have been assaulted at work, our expert Personal Injury lawyers are on your side.
Assaulted at Work by a Co-Worker
Your employer is responsible for the behaviour of their employees. This means that if you are assaulted at work by one of your colleagues, not only is your assailant liable for your injuries, but your employer may be also.
For example, if the attack takes place while your co-worker is on the clock, your employer may be liable whether that person was on the business premises not.
Moreover, if your employers were aware that your co-worker was more likely to commit an act of violence, whether is be due to previous history or disclosed criminal history, your employer should have known about the risk to other employees. In this case, the employer would be liable for negligent hiring practices and/or retention of high-risk staff.
If you have been assaulted at work and want to find out about your options, contact us today.
Assaulted at Work by a Service User
Although employers cannot always predict whether a service user might perpetrate an act of violence, they might still be liable if you are attacked by a service user when performing your duties.
If a service user is known to an employer as posing a greater risk than others, perhaps due to a history of violent or aggressive behaviour, your employer has a duty of care to take reasonable steps to ensure your safety. This might include training on restraint and de-escalation techniques, or even just ensuring teams have a sufficient number of staff members to care for that individual.
If your employer fails to do this and you are assaulted at work as a result, your employer will be liable.
In this case, you are eligible to make a claim for an assault at work and receive the compensation you deserve.
Assaults at work claims FAQ
Claims Against Employers
If your employer knew an attack was likely to occur and did not take any, or sufficient steps to reduce that risk, you are entitled to compensation.
Criminal Injury Claims
The Criminal Injuries Compensation Authority (CICA) is a government run scheme established to pay compensation to victims of criminal injury.
Claims Against the Assailant
If you know the identity of your attacker,, Truth Legal can assist you in holding them accountable by bringing a civil claim and a criminal claim against your assailant.
Employees are required to produce evidence of where and when they were assaulted at work, what happened during the assault, and who was the perpetrator.
To make an assault claim against your employer, you must prove that your employer failed to take adequate precautions for the care and safety of you and your colleages. You also need to prove that they were responsible for the assault taking place.
No matter what, if you are assaulted at work, you should report the matter to the police.
Why Claim with Truth Legal?
An assault at work claim can face many obstacles. Claiming against your employer can be complex, and establishing employer liability can be difficult. If you are looking to bring an assault at work claim, having a team of experts on your side is invaluable.
Truth Legal are here to help. By instructing us, you receive:
Specialist technical knowledge and experience – so you can rest assured that your case is in the best hands.
Practical advice – tailored to your situation.
Strong representation – fighting for the compensation and outcome you deserve.
Support and compassion – friendly, knowledgeable experts, on your side through a difficult time.