After being attacked in your workplace, you may be wondering how much compensation for assault at work you could be owed. You’re entitled to expect that your employer does all they reasonably can to prevent you from being harmed whilst doing your job. So if you were assaulted by a colleague, a customer or a member of the public, this guide will lay out the essential facts to know to start a claim.
The sections below start by explaining how assault at work compensation could be awarded. Following this, we explain the various factors that can influence a compensation claim following an assault at work. The employer’s liability is explained. Also, we explore who might have eligible grounds to seek compensation if an employer deemed liable for your injuries.
You may have concerns about being dismissed if you start a compensation claim, so we outline your legal right to seek damages. There are also standard time limits for claiming to be aware of and we look at this, alongside the type of evidence that can help your case. The final section outlines how our panel of solicitors can assist you in making a claim and managing it from start to finish under a No Win No Fee Agreement.
Read on to learn more about these topics in depth. Or if you’re keen to discover how much compensation for an assault at work you could be entitled to, get in touch with our advisors for a free assessment of eligibility:
- Ask us a question through the live chat.
- Contact us online here to submit a claim.
- Call on 0800 408 7826 to see how much compensation for assault at work you could be entitled to.
Frequently Asked Questions
- How Much Compensation For Assault At Work Could I Get?
- What Factors Determine The Average Payout For Assault At Work?
- What Forms Of Assault Can I Claim Compensation For?
- Is My Employer Liable If I’m Assaulted In The Workplace?
- Can I Make An Assault At Work Compensation Claim?
- Could I Be Sacked For Making An Assault At Work Claim?
- How Long Do I Have To Claim Compensation For Assault At Work?
- What Do I Need To Prove To Claim Workplace Assault Compensation?
- How Our Advisors Can Help Your Claim
- More Information
How Much Compensation For Assault At Work Could I Get?
How much compensation for an assault at work will vary between successful claims. Claims will always have various factors that make them differ, and so it’s useful to seek the opinion of an expert for a more accurate assessment. However, we will be discussing what factors will go into deciding how much personal injury compensation a successful claimant could be awarded below.
The table below is compiled from entries in the Judicial College Guidelines (JCG). This is a tool often used by those involved in calculating compensation, as it provides guidelines for various injuries based on their location and severity. Please note, they are strictly suggested amounts, and the first line is not from the Judicial College Guidelines.
Compensation Guidelines
| LOCATION OF INJURY | HOW SEVERE? | COMPENSATION GUIDELINES | NOTES |
|---|---|---|---|
| Multiple instances of severe injury and Special Damages | Severe | Up to £1 million plus | In awards of this size, the person typically experiences more than one type of severe injury and claims Special Damages for lost income, medical expenses and counselling. |
| Head/Brain | (b) Moderately Severe | £267,340 increasing to £344,150 | A serious level of disability that requires substantial reliance on others going forward because of marked impairment of cognitive abilities or limb paralysis. |
| (d) Less Severe | £18,700 increasing to £52,550 | Despite suffering initially significant problems, the person makes a good level of recovery and can return to work. | |
| Psychiatric Damage | (a) Severe | £66,920 increasing to £141,240 | A distinct problem dealing with work or personal relationships and a negative prognosis indicated. |
| Arm | (b) Injuries resulting in substantial and permanent disablement | £47,810 increasing to £73,050 | Serious fractures to one (or both) forearms and a permanent functional or cosmetic disability remains. |
| Post Traumatic Stress Disorder (PTSD) | (b) Moderately Severe | £28,250 increasing to £73,050 | Claims in this category may have started as severe but professional counselling has helped. |
| Skeletal Injuries | (e) Jaw fracture (i) | £37,210 increasing to £55,570 | Serious multiple fractures that require prolonged treatment and leaves pemanent pain, restriction of movement and nerve damage. |
| (a) Frontal Facial Bones | £29,060 increasing to £44,840 | Cases of Le Fort fractures and damage to frontal facial bones. | |
| (b) Multiple fractures | £18,180 increasing to £29,220 | Cases of multiple facial bone fracture that leaves permanent deformity. | |
| Injuries Affecting Sight | (f) Seious | £28,900 increasing to £48,040 | Serious but incomplete vision loss in one eye but not significant risk of reduction of sight in remaining eye. |
What Factors Determine The Average Payout For Assault At Work?
Typically, the process for calculating compensation looks at two areas called general and special damages. As how much compensation a claimant is awarded under each area will vary so significantly, it isn’t worth determining the average payout for an assault at work as it will have no impact on your own claim.
The first area calculates a figure for physical and psychiatric harm, while the second examines the related financial damage. General damages also apply a value for issues such as:
- The severity and complexity of the injuries.
- The expected duration of recovery.
- Whether a permanent disability was created.
- What impact the event has had on the person’s ability to participate and enjoy life as before (loss of amenity).
Special damages can be included in the claim if there is evidence of monetary harm caused by the workplace assault. This evidence can consist of the following examples:
- Payslips or statements showing lost earnings caused by time away from work.
- Proof of any private medical costs after the assault.
- The fees for any professional care or the time family and friends gave up to look after you.
- Proof of travel to essential appointments.
- The invoices or receipts that prove costs associated with adaptations needed in your home or to your vehicle to help with permanent disability.
- The cost of seeing a counsellor for psychiatric support.
- Proof of damage to your personal possessions in the assault (such as eyewear or a mobile phone).
The solicitors on our panel will use the available evidence to calculate a compensation amount that includes both general and special damages. To find out how much compensation for assault at work you may be entitled to, please call our advisors today.
What Forms Of Work Assault Can I Claim Compensation For?
There are numerous circumstances where it’s possible to suffer assault at work, whether it’s from other colleagues, customers or the general public. Here are some examples that might form the basis of a compensation claim against a negligent employer:
- A worker in a betting shop was left without a working panic button in the store. This allowed an irate customer to attack the staff member, leaving them with facial bone damage and a fractured jaw.
- The security screen in a petrol station was broken. Management was aware of this issue but failed to make the necessary repairs. On a late-night shift, a worker was punched and kicked after a person got through the screen. The worker suffered a broken forearm.
- Staff in a late-night fast food restaurant in the city centre were not given the necessary training or supervision to deal with a brawl that occurred in the restaurant. As a result, several workers sustained multiple injuries such as cuts, soft tissue injuries and bruises.
- The culture in an office workplace allowed bullying to take place. A worker was physically attacked by another colleague, causing physical and emotional injuries.
- A case worker in a benefits office experienced threatening behaviour from a client as they left work. CCTV cameras failed to alert security because they were broken. This failure to enhance security resulted in the worker being badly beaten in an attack one evening and suffering a permanent eye injury.
These are just a few general examples of assaults in the workplace. Your example may differ, but the premise is the same. If you experienced verbal or physical assault at work because health and safety standards were not met, speak to us to see how much compensation for assault at work you could claim.
Is My Employer Liable If I’m Assaulted In The Workplace?
By law, an employer can be held responsible for certain acts by their employees. This is called vicarious liability. As part of the employer’s duty of care to staff, there are health and safety obligations that need to be in place to protect those in workplaces. Employers should:
- Regularly risk assess the level of harm employers might face.
- Promote open dialogue about workplace harassment and bullying, and ensure that clear reporting channels are available.
- Ensure that essential security arrangements are in place and functioning properly, including CCTV, key access systems, panic buttons, and security personnel.
- Ensure staff are trained to recognise warning signs of violence and handle volatile situations (as relevant to their job).
- Provide all necessary personal protective equipment (PPE).
The employer is not automatically liable for every event that takes place in their workplace or between their staff. However, if you feel that your assault occurred because of poor safety standards at work, speak to our team about your grounds to start a compensation claim.
When Will I Need To Claim With The CICA?
If your attacker is not an identifiable work colleague and your employer is not liable for negligent standards, you might need to claim compensation through the Criminal Injuries Compensation Authority (CICA). This is a government-funded agency. It was set up to pay compensation to people in England, Scotland and Wales who have been physically and/or mentally injured because of violent crime.
The CICA can award compensation even without an identified perpetrator, arrest, prosecution, or conviction. They have core eligibility criteria that must be met, such as:
- You must have suffered a serious physical and/or mental injury as a result of violence in England, Wales or Scotland.
- A 2-year time limit applies to make the claim (rather than the standard 3-year limit in personal injury claims). This starts from the date of injury.
- The crime must be reported to the police as soon as reasonably practicable.
- You must be willing to cooperate fully with the police and CICA’s investigations.
- A claim can also apply if you witnessed a serious assault taking place to a loved one, which could include a colleague you are close to.
Awards are made from a set, separate CICA tariff. A solicitor from our panel can help you navigate the criteria of CICA criminal injury claims. Call to see if they can help you.
Can I Make An Assault At Work Compensation Claim?
Yes. However, to make a claim after a workplace assault, you need to show that you meet the following three criteria:
- The employer owed a duty of care to you at the moment of injury.
- They failed to uphold this duty of care correctly.
- As a result, you were assaulted and harmed.
If you can demonstrate all three points, you could move ahead with a claim for compensation. You can do this independently or with the help of a personal injury solicitor. Why not take a moment to see if those on our panel could help? The call is free, and there’s no obligation to move forward with a claim. Additionally, an advisor can estimate how much compensation you could get after being assaulted at work.
Am I Able To Claim If I Was Assaulted By A Vulnerable Person?
Some people work in environments where physical and verbal assault are a built-in risk, such as prisons, psychiatric wards and late-night pubs or nightclubs. One area where staff frequently experience assault is while working with vulnerable adults. This term usually indicates a person who is mentally incapacitated in some way and not fully responsible for their actions.
The basis of a claim for compensation would need to demonstrate that the employer failed in their health and safety obligations, which allowed the assault to occur more easily. Some examples might be:
- A carer was punched by a client with special needs because the carer was not properly trained to deal with the situation.
- A paramedic was not accompanied on a call-out and suffered serious injury when a person in a mental health crisis attacked them.
Again, your particular example may differ. If you feel the right health and safety rules were not followed and this led to the assault at work, speak to our advisory team about your compensation options.
Could I Be Sacked For Making An Assault At Work Claim?
You cannot legally be sacked from your job for starting a personal injury claim for compensation against your employer. However, you can be dismissed from your job if the employer deems you responsible for gross misconduct or any actions that contributed to the injuries you experienced in an assault. An advisor can help determine if you are partially responsible for your injuries and whether you could make a split liability claim. Call now to discuss how much compensation for an assault at work.
How Long Do I Have To Claim Compensation For Assault At Work?
The Limitation Act 1980 establishes a time limit of 3 years in which to start a personal injury claim. This begins from the date of the incident and injury. There are variations to this standard limitation period:
- Persons under 18 years of age cannot claim independently until they reach the age of 18. The 3-year limit then commences from that date.
- A person lacking sufficient mental capacity is not restricted by the 3 year time limit unless their mental ability returns. In which case, the limitation period would start from their date of recovery.
- Alternatively, while time limits are paused for these groups, a family member (or other party involved) can act as a litigation friend. In this role, they carry out the essential duties involved on behalf of the injured person.
- As mentioned above, if your claim is being made through the CICA, the time limit is 2 years from the date of the incident (but exceptions apply).
Please contact the team if you have any questions regarding time limits or the role of a litigation friend. Additionally, we can help answer any general questions you may have about how compensation for a work-related assault is calculated.
What Do I Need To Prove To Claim Workplace Assault Compensation?
You need evidence that the employer breached their duty of care to make a claim for personal injury compensation. As an essential part of the claims process, it’s important to draw together as much proof as possible that shows the negative impact of the assault at work. The following are some examples:
- Medical evidence of the assault at work. This can include GP notes, x-rays, scans and any reports from specialists who needed to treat you (such as mental health counsellors).
- Any workplace CCTV footage that filmed the assault taking place.
- The contact details of colleagues or members of the public who witnessed the incident and are willing to provide a statement later on.
- Photos of the visible injuries.
- A copy of the crime number and any police reports.
- Proof of lost income and financial losses related to the assault.
Why not find out if you’re eligible for free legal advice about this? Call our advisors and see if a solicitor from our panel can calculate how much compensation for assault at work may apply to you and help you with your claim.
How Our Advisors Can Help Your Claim
Our advisors can give a free assessment of your claim. As part of this, they can estimate your compensation and provide guidance on collecting evidence to support your claim. Furthermore, if you meet the eligiblity, they can connect you with one of the personal injury solicitors from our panel. There are a wide array of good reasons to see whether a solicitor on our panel could help with your workplace assault claim:
- If they can take it up, you’ll receive expert care and attention on your claim.
- They’ll calculate a full and fair compensation amount for you.
- All communication with your employer or their insurer is handled.
- The solicitors can ensure your medical treatment and rehabilitation needs are best met.
- An independent medical assessment can be organised. The report that this creates can be used as evidence to support your claim.
- They’ll gather witness statements and help you compile evidence.
- All the deadlines and court requests are taken care of.
- And if your claim does need to go to court, the solicitor can ensure the perfect barrister is selected to represent you.
Conditional Fee Agreements
In addition to all these outstanding benefits, our panel of solicitors can also offer their services on a No Win No Fee basis. They offer these services through a Conditional Fee Agreement (CFA). This means that there is no need to pay any upfront solicitor’s fees for work to start on your claim. Also, they won’t ask for payment for any services performed on your case going forward.
Under the terms of a CFA, you only need to pay a small percentage from the compensation if your claim wins. This amount is called a success fee and is paid to your solicitors after the claim settles. The Conditional Fee Agreements Order 2013 places a legal ceiling on the percentage that can be taken. This means the person who used this funding option for legal services can keep virtually all of their compensation.
Does this sound of interest to you? Why not take this opportunity to connect with our advisory team for a free assessment? If you have eligible grounds to move forward, they can connect you to a solicitor from our panel to handle your workplace assault claim.
Contact How Much Compensation
- Call on 0800 408 7826 to see how much compensation for assault at work you could be entitled to.
- Ask us a question through the live chat.
- Contact us online here to submit a claim.
More Information
In addition to this article about how much compensation for assault at work you may be owed, these other resources provide more:
- This article looks at how much compensation for assault can apply in more depth.
- Here we explain claims for psychological damage.
- Additionally, you can learn about general claims for compensation due to breaches of health and safety.
Help from external resources:
- This resource looks at advice from the Health and Safety Executive (HSE) about protecting workers from violence.
- Also, you can find out how to request CCTV footage of yourself.
- Lastly, read about personal safety for high-risk individuals.
To close, we hope that this article on how much compensation for an assault at work you might be owed has been useful. For any other questions or queries, please call. Or you can email or ask a question in the dialogue box below to connect with advisors instantly.
