By Stephen Hudson. Last Updated 18th September 2024. If you are physically assaulted at work, you are entitled to seek damages against your employer, the perpetrator or through what’s known as a criminal injury claim. To help break down these different avenues, we have created this guide to claiming assault at work compensation.
We provide more information on important topics such as the duty of care owed by your employer, the evidence you can use in this type of claim, and, while there is no average payout for assault at work, we nevertheless explain how these compensation figures are calculated.
Towards the bottom of this page, there is a short overview of the type of No Win No Fee agreement our solicitors can provide legal services under, with a particular focus on how you can benefit when starting your claim.
To ask our advisors any questions or for a free consultation regarding your eligibility to seek compensation for assault at work, get in touch today using the contact information provided here:
- Call the team on 0800 073 8804.
- Start your claim online by completing our call-back form.
- Open the live chat on your screen now.
To learn more about how much compensation you can claim for an assault at Work, please keep reading. You can also watch our video which gives you the key points from the guide:
Select a Section
- Calculating The Average Assault At Work Compensation Payout
- What Is An Assault At Work?
- Eligibility For Assault At Work Compensation Claims
- What To Do If You Are Assaulted In The Workplace
- Claiming With A No Win No Fee Lawyer If You’ve Been Physically Assaulted At Work
- Useful Links For Claiming Assault At Work Compensation
Calculating The Average Assault At Work Compensation Payout
You may be asking whether there is an average payout for an assault at work if you successfully claim against a vicariously liable third party. The amount of compensation you may be awarded will depend on factors such as the type of injury you suffered, what treatment is required and how long your recovery period will be.
Your assault at work compensation payout could include general damages and special damages. General damages provides compensation for the pain and suffering caused by the injuries you suffered in the assault.
The list below features some of the compensation guidelines included in the Judicial College Guidelines (JCG 17th edition, published in 2024). This is a document that may be used by those valuing your claim against a vicariously liable third party for general damages. It lists various kinds of injuries together with guideline compensation brackets.
Compensation Amounts
The amounts given below should be viewed as a guide only. Please note that the first bullet point is not from the JCG.
- Multiple very severe injuries in to addition to substantial financial losses could result in compensation of up to £1 million or more.
- Very Severe brain damage where there is little to no environmental response, requiring full-time care, could be valued between £344,150 to £493,000.
- Total blindness may be valued in the region of £327,940.
- A severe back injury involving damage to both the spinal cord and nerve roots may receive a payment of between £111,150 and £159,770.
- Severe hip injuries where there has been a dislocation of a low back joint and bladder rupture, for example, could be valued from £95,680 to £159,770.
- Very severe facial scarring in relatively young claimants where there is severe cosmetic and psychological impacts could be awarded between £36,340 to £118,790.
- Severely disabling elbow injuries can be valued between £47,810 and £66,920.
- Damage to Teeth where there is significant chronic pain over a number of years could receive a payment of up to £46,540.
Special Damages For Assault At Work Claims
Your assault at work compensation may also include special damages to compensate for the incurred expenses caused by your injuries.
For instance, if you’ve needed to take time off from work to recover from your injuries, then any loss of earnings that have occurred could potentially be claimed back under special damages. You could also receive compensation for:
- Money paid for private medical treatments for your injuries.
- Travel costs for essential appointments.
- The cost of prescriptions or any over-the-counter medicines bought to aid your recovery.
You will need evidence to claim special damages, which could include certain documents like bank statements or wage slips.
For more advice on how much compensation could be awarded for an assault at work claim, contact our advisors for free today.
Calculating Compensation For Claims Made Through The Criminal Injuries Compensation Authority
As we’ve seen above, in some situations, your employer won’t be liable for an assault that takes place at work. In these cases, it’s still possible to receive compensation. Rather than being paid by an insurance company, compensation is awarded by the Criminal Injuries Compensation Authority (CICA).
Payouts in CICA claims differ from those you can see in the table above. Figures are instead worked out in accordance with the CICA’s Tariff Of Injuries. Through this scheme, each injury is assigned a specific value.
If claiming for multiple injuries, the most valuable injury is awarded to you in full. After that, the second and third most valuable injuries are awarded at 30% and 15% of their respective values.
The CICA may also award you a special expenses payment. This is to cover the necessary and reasonable costs that you experienced as a direct result of the assault at work, such as loss of earnings.
What Is An Assault At Work?
Workplace assault is any unwanted action or remark in the workplace that undermines, insults, humiliates or causes physical or emotional harm.
The most common forms of workplace violence include the following:
- Physical attacks i.e. punching, kicking, scratching, etc.
- Verbal abuse or threats of abuse, including those of a sexual nature
- Sexual abuse or harassment, ranging from unwanted touching to rape
- Unwanted flashing
- Soliciting sex in return for hiring or promotion
- Pressuring a work colleague or employee into going on a date
- Threatening to dismiss an employee should they air their grievances or voice a complaint
- Insisting a work colleague or employee carries out an action that is against company policy
- Threatening an employee with demotion or dismissal unreasonably
- Drawing a weapon on someone aggressively
An assault in the workplace is classed as an accident at work claim. If you’ve been affected in any of these ways, get in touch with our team for free legal advice on claiming compensation for assault.
How Common Are Assaults At Work?
To give you an idea of just how common assaults at work are, we conducted our own research into the number of assaults made against NHS staff.
Approximately 14% of NHS staff members have reported suffering at least one incident of physical violence from patients, service users, relatives or other members of the public in the last 12 months, according to the latest NHS staff survey.
The NHS is one of the UK’s biggest employers and looks after all types of patients, some of whom pose a risk of assault. If the right safety features aren’t in place, staff members can get hurt, which is exactly what we found. Head here to learn more about our research.
Eligibility For Assault At Work Compensation Claims
There are several avenues through which you could make a criminal injury claim after being assaulted at work.
For example, you could claim directly against the perpetrator, if they have the funds to pay compensation and have been identified. Alternatively, you could claim against a vicariously liable third party, such as an employer. If neither of these avenues are accessible, you could claim via the Criminal Injuries Compensation Authority (CICA).
Read on to learn more about these different ways of claiming. Or, get in touch to discuss the route you need to take to seek assault at work compensation with an advisor by calling on the number above.
Can I Claim Against My Employer?
You could claim against a vicariously liable third party, such as your employer, if they breached their duty of care and this led to the incident in which you suffered harm.
While you are attending to work-related duties, your employer has a legal duty to ensure, as far as reasonably practicable, your health, safety and welfare. This is their duty of care as set by the Health and Safety at Work etc. Act 1974 (HASAWA).
If you would like to seek compensation for a workplace assault, you must meet specific eligibility criteria.
As such, when claiming compensation for an assault at work, you will need to prove that:
- You were owed a duty of care by your employer.
- There was a breach of this duty.
- You sustained injuries as a result. These could be physical injuries and/or psychological injuries.
For example, if another employee had been making threats of violence towards you and these were ignored by your employer, this could be a breach of their duty of care. If that employee were to attack you and your employer failed to take any steps to prevent this, you may be able to make a claim.
Can I Claim Assault At Work Compensation Through The CICA?
If you sustained an injury in an assault at work and your employer was not vicariously liable, and you are unable to claim directly against the perpetrator, you may be able to make a claim through the Criminal Injuries Compensation Authority (CICA). The CICA is an executive agency that deals with compensation claims from those who have been injured in a violent crime in Great Britain. They administer the Criminal Injuries Compensation Scheme 2012.
However, in order to make an assault at work claim through the CICA, you must satisfy the eligibility requirements. You must be able to prove that:
- You are within the time limits to claim through the CICA. This is generally two years from the date you were attacked at work.
- The incident happened in England, Scotland, Wales or another relevant place.
- You made a police report. Your police reference number will be needed to claim through the CICA, but you will not need to wait for the assailant to be convicted.
- You suffered injuries (either mental or physical) in a crime of violence. The Scheme 2012 defines a crime of violence as an attack, a violent act that causes harm, the threat of an attack where you had reasonable firmness to fear harm will occur, sexual assault or arson.
If you suffered injuries due to being abused, threatened or assaulted while at work and would like to discuss the compensation claims eligibility criteria, get in touch with us today.
What To Do If You Are Assaulted In The Workplace
If you have been assaulted in the workplace and are claiming against your employer for vicarious liability, it is vital to take the necessary steps to gather evidence to support your assaulted at work compensation claim. This includes doing the following:
- Visit a medical professional – The medical treatment you receive and any injuries you are diagnosed with can be noted down in your medical records.
- Get witness contact information – Did anyone witnesses the assault? You can collect the contact details and they can provide statements later on in the claims process.
- Make notes about the incident – As soon as you get the opportunity, it is a good idea to note what happened. Don’t leave out anything. This will ensure that you do not forget anything important later down the line.
- Keep proof of expenses – You will need to keep evidence of all of the expenses you have encountered due to the incident. For example, payslips can help you recover your loss of earnings. Whereas receipts and invoices can help prove your medical bills, travel costs to appointments and childcare expenses. If the expense occurred due to the assault, you could claim it back.
- Report the incident – You should inform your employer and you may also wish to report the incident to the police. All employers must keep an accident book by law, and the incident will need to be recorded in there. Plus, this helps to prove that the assault did take place.
What Evidence Is Needed For Assault At Work Claims Made Through The CICA?
When you claim through the CICA for assault at work compensation, you may be asked to provide evidence such as:
- Proof that you meet the residency requirements.
- Medical evidence highlighting that you suffered an injury the Scheme can compensate for.
- Proof of any financial losses, such as lost income.
- Evidence that you reported the incident to the police.
For more information on evidence that could help support your criminal injury claim for assault at work compensation, call an advisor on the number above.
Claiming With A No Win No Fee Lawyer If You’ve Been Physically Assaulted At Work
If you suffered injuries in an assault at work and are eligible to make a personal injury claim, one of our lawyers could help you. They have experience with various types of claims, including those for assault at work compensation. If one of our lawyers agrees to take on your case, they may offer their services under a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA).
When you make a claim with a No Win No Fee lawyer under this arrangement, you won’t have to pay any upfront or ongoing fees for their services. Furthermore, if your claim is unsuccessful, you won’t be required to pay them for the work they have done on your claim.
If your lawyer is successful, they will take a success fee out of your compensation award. The amount that your assault at work lawyer can take is a percentage that is limited by the law.
If you’ve been physically assaulted at work, you can get in touch with our advisors to see whether you could be eligible to make a personal injury claim. If they think you have a strong case, they could connect you with one of our lawyers.
To speak to an advisor:
- Start your claim online.
- Call 0800 073 8804
- Use our live chat.
Useful Links For Claiming Assault At Work Compensation
In this last section of our guide on what to do if you’ve been assaulted at work, we’ve included some other guides you may find useful.
HSE workplace harassment and violence
This takes you to the Government’s Health and Safety Executive website where you will find information on work-related violence. This includes the law on such matters and guidance on preventing workplace harassment and violence.
How Much Compensation Can I Claim For Bullying At Work?
If you have been the victim of bullying at work, find out if you can claim compensation contact LegalExpert.co.uk for free advice.
Citizens Advice website harassment at work
This link takes you to the harassment at work section of the Citizens Advice website. You will find useful information on the Equality Act 2010 and guidance on the different types of harassment.
Bullying.co.uk on bullying at work
This link provides you with plenty of advice on bullying at work. This includes relational bullying at work, workplace bullying and your emotional health, the signs of workplace bullying, and how workplace bully can affect your family.
Government website on workplace bullying and harassment
This link takes you to the UK Government website, where you will find information on bullying and harassment. This includes examples of bullying and harassment and details regarding the law and what to do if you feel you are being bullied or harassed.
Check out some of our other guides on accident at work claims:
- How to claim for a minor injury at work
- 10 things to know about accident at work claims
- What to do if injured from work activities
- Firefighter accident at work claims
- Agency worker accident at work claims
- Night shift accidents
- Emergency service worker accidents
- Part-time worker accidents
- Accidents caused by inadequate protective equipment
- Paralysis injury claims
- Work accidents caused by tools
- Office accident claims
- Injuries caused by dangerous machinery at work
- Workplace accident claims
- Can you make an injury claim against a colleague?
- Agency worker accident claims
- Forklift truck accidents
- Can I be sacked for making a workplace accident claim?
- Do I get sick pay after an accident at work?
- Steps to take when injured at work
- Manual handling claims
- One person and two-person lifting and handling cases
- How to claim for a ladder accident
- How to get compensation for a cut finger at work
- Scaffolding accident claims
- Warehouse accident claims
- Defective work equipment cases
- Industrial deafness claims
- Our accident at work claims FAQs page
Thank you for reading our guide on assaulted at work compensation claims.
