Workplaces must be safe for all, but unfortunately, assaults may still occur. Being assaulted in the workplace can lead to injuries, stress, and concern for the future.
A lot of employees are not aware that they are eligible to claim compensation for workplace assaults. In the UK, you have rights if you are attacked at work. These rights allow you to seek justice and financial support. This blog explains assault at work claims, compensation, and payouts in simple terms.
What is Assault at Work?
Workplace assault occurs when someone attacks or threatens you while at work. It can be being hit, pushed, grabbed, or threatened with injury. Verbal assault is also considered assault if it causes severe distress.
The assault may come from a colleague, customer, or even a stranger. No matter who assaults you, the employer still has a duty of care. Their job is to protect you from harm while working.
Employer’s Duty of Care
Employers in the UK must keep workplaces safe. They should provide proper training and safety measures for staff. If the employer fails to protect you, they may be responsible.
For example, not acting on past threats could be negligence. Employers must also deal with violent customers or staff properly. If they ignore risks, employees can claim against them. A safe environment is a basic right under workplace laws.
Can You Claim Compensation After Workplace Assault?
Yes, you may claim compensation if assaulted at work. Claims depend on who was responsible and how it happened. If your employer failed to protect you, you may claim against them.
Sometimes, the attacker may be directly responsible for compensation. If nobody is able to pay, you can apply via the Criminal Injuries Compensation Authority (CICA). CICA compensates victims of violent crime in the UK. This ensures support even if the attacker has no money.
Types of Assault in the Workplace
Workplace assaults can take different forms. Some assaults involve physical attacks such as hitting or kicking. Others are threats, harassment, or continuous bullying.
Workplace sexual assault is also sadly very common in some cases. All of these types of assault may lead to trauma, physical and emotional. The law recognises these impacts when handling claims. Even if you were not badly hurt, you can still claim. Psychological harm is also a valid reason for compensation.
What Compensation Can You Claim?
Compensation after workplace assault covers several areas. You may claim for physical injuries like bruises or broken bones. Mental impacts of anxiety or PTSD are also covered.
Lost wages for time spent away from work can be claimed. You may also claim for the costs of medical care or counselling. Long-term disability benefits might apply in extreme cases. Each case varies, and so the compensation varies based on your circumstances.
How Are Payouts Calculated?
Payout amounts depend on injury type, severity, and recovery time. Minor injuries may receive smaller payouts. Serious injuries or trauma may lead to larger settlements.
Loss of income is also considered. If you cannot go back to work, the amount is higher. Courts and the CICA use guidelines to determine the amount. Medical reports and witness statements are evidence that assist in the calculation. Getting legal advice means that you do not lose out on reasonable compensation.
Criminal Injuries Compensation Authority (CICA)
CICA is a government scheme for victims of violent crime in the UK. You can apply if assaulted and no other claim is possible. The scheme pays fixed amounts for different injury types.
Time limits usually apply, often within two years of the assault. You must report the assault to the police before applying. CICA may cover physical and mental injuries, plus lost income. It acts as a safety net when attackers cannot pay damages.
Steps to Take After Workplace Assault
If assaulted at work, report it to your employer immediately. Make sure an official report is recorded. Seek medical attention for any injuries, no matter how small. Also, report the incident to the police if it is violent.
Collect evidence like witness details, photos, or messages. These records help in building your case. Contact a solicitor for legal advice on workplace claims. Acting quickly improves your chances of a fair payout.
Time Limits for Assault at Work Claims
In most cases, you have three years to make a workplace assault claim. This starts from the date of the assault or from when you first noticed the harm. For claims under CICA, the standard limit is two years.
There might be certain exceptions that extend the time, such as if you couldn't act sooner. It is necessary to take advice promptly so as not to miss deadlines. Time is of the essence to get justice and compensation.
Why Legal Advice Matters
Handling assault at work claims can feel complex. A solicitor helps guide you through the process. They know what evidence is needed to support your case. They also handle communication with employers, insurers, or CICA.
Having an attorney makes your chances of a just settlement higher. Most solicitors provide no-win, no-fee deals. This implies that you only pay when your claim wins. Legal counsel minimizes stress and enhances your case results.
Conclusion
Workplace assault is a critical problem that impacts numerous employees in the UK. Victims are usually subjected to physical harm, emotional stress, and economic loss. Fortunately, the law offers avenues to access compensation.
Claims are usually brought against employers, attackers, or under CICA. Payments are based on the gravity of injuries and their impact on your life. Acting promptly and consulting with a lawyer is crucial. Remember, you are entitled to safety and justice at the workplace.