Assaults can have devastating consequences for employees, affecting both physical and mental well-being. If you have been assaulted in the workplace, you may be wondering how to sue for assault at work compensation. This guide provides advice on your rights, how to pursue a criminal injury claim, and how our panel of solicitors can help you seek compensation on a No Win No Fee basis.
You could claim assault at work compensation against your employer, against the perpetrator directly, or through the Criminal Injuries Compensation Authority (CICA). Our guide will explain the full process and your options in detail, while showing how we can provide services to support you through your workplace injury claim.
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Jump To A Section
- How To Sue For Assault At Work Compensation
- How To Claim Through The CICA
- How Much Compensation For Assault At Work Could I Get?
- Forms Of Assault That Can Happen In The Workplace
- What Can How To Sue Help Me With?
- Assault At Work – Frequently Asked Questions
- Learn More
How To Sue For Assault At Work Compensation
You could sue for assault at work compensation if your employer breached their duty of care and this led to the incident in which you suffered harm. Employers may be vicariously liable for the actions of others in the workplace if they failed to take reasonable steps to prevent foreseeable risks.
While you are carrying out work-related duties, your employer has a duty of care to take reasonable and practicable steps to ensure your health, safety and welfare. This duty of care is established under the Health and Safety at Work etc. Act 1974. If your employer failed to uphold this duty and you suffered physical injuries or psychological harm as a result, you may be entitled to claim compensation.
To be eligible to make a criminal injury claim for a workplace assault against your employer, you must be able to show:
- You were owed a duty of care by your employer
- That duty of care was breached
- You suffered injuries as a direct result
For example, if a colleague had been making violent threats and your employer failed to take action, and you were subsequently attacked, this could amount to a breach of their duty of care. In such circumstances, you may be able to seek compensation for the injuries sustained.
You do not need to face this process alone. Contact us today for a free consultation and to find out how to sue for assault at work compensation with a solicitor from our panel on a No Win No Fee basis.
Is My Employer Liable For Workplace Assault?
Your employer may be held legally liable for a workplace assault if they failed to comply with the health and safety laws that are in place. This is called ‘vicariously liable’.
An employer may be vicariously liable if:
- A colleague assaulted you during work-related duties.
- They ignored warnings or complaints about threatening behaviour.
- There was a failure to prevent a foreseeable assault identified through risk assessments.
- Inadequate training or supervision contributed to the incident.
- The assault involved faulty equipment or unsafe work environments.
In some cases, claims are made directly against the employer’s insurance policy. This means you are not personally suing your boss, but holding the business accountable for failing to keep you safe.
Let us help you determine whether your employer is liable. Call now for advice and take the first step toward assault at work compensation.
How To Claim Through The CICA
If your employer is not vicariously liable for your workplace assault, and if the perpetrator either cannot be identified or doesn’t have the finds to compensate you, you may still be able to claim compensation through the Criminal Injuries Compensation Authority (CICA). This government scheme provides compensation for people who suffer physical or psychological injuries as a result of violent crime in Great Britain.
To be eligible for a CICA claim, the following must apply:
- You were harmed as a result of a violent criminal act. This can include physical attacks, violent conduct or behaviour, threats that cause serious fear, sexual offences, or deliberate acts like arson.
- The incident occurred in England, Wales, Scotland or a relevant jurisdiction, such as a vessel registered in one of these nations.
- The incident was reported to the police within a reasonable timeframe.
- Your application is submitted within the required time limit (we explain this in more detail later in one of the following sections).
Even if your attacker has not been identified or convicted, you could still receive an award, provided you meet the CICA’s eligibility rules.
Our panel of solicitors can help you navigate the CICA claims process with confidence. Call now to start your claim with tailored guidance and support regarding how to sue for assault at work compensation.
Do I Have To Report The Assault To The Police?
Yes, if you wish to make a claim through the CICA, the assault must be reported to the police as soon as reasonably possible. Failure to do so could mean your claim is refused unless you can show exceptional circumstances.
You should:
- Make a formal police report immediately
- Keep a record of your crime reference number
- Cooperate with the investigation fully
- Retain any police statements or correspondence
For advice on reporting and how to sue for assault at work compensation, speak to our team today.
What Evidence Will Be Needed To Sue?
If you’re making a criminal injury claim against your employer, you may need to gather the following:
- Copies of your medical records showing the extent of your physical injuries or psychological harm.
- Personal diary entries with details of your treatment and symptoms.
- Police reports and crime reference numbers.
- Contact details from anyone who saw the assault (e.g. from colleagues). They can provide a witness statement at a later stage in the claims process.
- CCTV footage or photographs of the incident or injuries.
- A copy of the entry from the workplace accident book.
- Evidence of financial losses, such as sick pay and medical expenses.
- Any documentation showing your employer failed to meet their legal duty, such as ignoring previous threats
If you’re making a criminal injury claim through the CICA, you will need to supply:
- A police reference number to prove that the incident was formally reported
- Proof that you meet the residency criteria set out by the CICA scheme
- Medical evidence confirming the injuries you are claiming for
The CICA can contact the police directly for any further details they require to process your claim
Please contact us today to find out whether our panel of solicitors can help you gather and organise the above evidence to build a strong and successful case.
Do I Have To Sue Within A Set Time Limit?
Yes, time limits apply whether you’re claiming against an employer or through the CICA:
- If claiming against your employer: you generally have 3 years from the date of the assault to start a claim, as per the Limitation Act 1980.
- If claiming through the CICA: you generally have 2 years from the date of the assault to start a claim.
However, for both of these time limits, there are exceptions. To learn about these exceptions and whether they apply to you, please ask us today.
How Much Compensation For Assault At Work Could I Get?
If you are eligible to sue for assault at work compensation, the amount of compensation you could get may depend on two different heads of claim: general damages and special damages.
General damages compensate you for the physical and psychological pain and suffering caused by your assault injuries. The value of general damages might be assessed with reference to the Judicial College Guidelines (JCG), which provide guideline compensation brackets based on injury type and severity.
Factors that can affect the value of general damages include:
- The nature and severity of the injury (physical and/or psychological).
- Recovery time and whether there are any lasting effects.
- The impact on your day-to-day life and ability to work.
- Whether the injury has affected your relationships, independence or mental well-being.
On the other hand, special damages cover the financial losses and expenses directly resulting from the assault. These are calculated based on evidence such as receipts, payslips and medical invoices.
Common forms of special damages include:
- Loss of earnings due to time off work.
- Future loss of income if your ability to work is permanently affected.
- Medical treatment and rehabilitation costs.
- Travel expenses related to treatment or legal appointments.
- Adaptations to your home or vehicle, if needed.
- Care costs or support services.
Guideline Compensation Table
The figures in the table below are based on the JCG (except for the top row) and are intended as guidelines only. These are just some examples of injuries that can be sustained after a workplace assault.
| Injury type | Severity | Guideline compensation |
|---|---|---|
| Multiple serious injuries, plus special damages | Serious | Up to £1,000,000+ |
| Brain damage | Very severe (a) | £344,150 to £493,000 |
| Less severe (b) | £18,700 to £52,550 | |
| Pelvis & hips | Severe (a)(i) | £95,680 to £159,770 |
| Moderate (b)(i) | £32,450 to £47,810 | |
| Psychiatric damage | Very severe (a) | £66,920 to £141,240 |
| Moderate (c) | £7,150 to £23,270 | |
| PTSD | Severe (a) | £73,050 to £122,850 |
| Moderate (c) | £9,980 to £28,250 |
Please note: These are guideline ranges and cannot be guaranteed, as every claim is unique.
How Are CICA Payout Amounts Determined?
If you are making a claim through the CICA, your injuries will be valued using the fixed tariff of injuries listed in the Criminal Injuries Compensation Scheme 2012. This means that if your claim is successful, you will receive a set amount that directly corresponds to the type and severity of your injury as defined by the scheme.
You may also be eligible to be reimbursed for special expenses in your CICA compensation claim. Special expenses can cover financial costs that are necessary, directly caused by the injury, reasonable, and not available for free elsewhere.
Examples of special expenses include:
- The replacement cost of essential physical aids damaged during the assault, such as glasses or hearing aids.
- Items or equipment needed to help you manage your injuries, like adapted kitchen tools or a modified vehicle.
- Home adaptations, such as installing a stairlift or wheelchair ramp.
- Care costs relating to food preparation or bodily functions.
- Supervision costs if you’re at risk of causing harm to yourself or others.
- Administrative costs for managing your personal affairs, if you lack mental capacity due to the injury.
You will need to provide evidence that these costs arose because of your injury and that they are not covered by other services.
You can also claim for a loss of earnings through the CICA. However, certain eligibility requirements must be met.
To learn what your specific case could be worth, speak to our team today. We can assess your injuries and losses to give you a clearer estimate with no obligation.
Forms Of Assault That Can Happen In The Workplace
Workplace assaults can take many forms, ranging from overt physical violence to more coercive or threatening behaviour. Any of these actions, when causing physical or psychological harm, may give rise to a criminal injury claim.
Examples of assault in the workplace include:
- Physical violence, such as being punched, kicked, shoved, scratched, or otherwise physically attacked.
- Verbal threats or intimidation, including sexually suggestive or abusive language.
- Sexual harassment or abuse, including inappropriate touching, exposure (flashing), or more serious sexual violence.
- Coercive behaviour, such as being pressured into sexual activity in exchange for career progression or job offers.
- Persistent unwanted romantic advances, such as being pressured into going on a date.
- Intimidation involving weapons or threatening gestures intended to cause fear or distress.
- Retaliatory threats, such as being told you’ll be dismissed or demoted for raising a complaint.
- Being forced or pressured to carry out tasks that breach company policy or safety regulations.
Assaults like these can cause serious injuries, both physically and mentally, and often leave long-term effects on your well-being and career.
If you’ve experienced any of these situations at work, you may have a right to claim. Contact us today to speak confidentially with our team about how to sue for assault at work compensation.
What Can How To Sue Help Me With?
Our panel of solicitors understand how distressing it can be to deal with the aftermath of an assault in the workplace. That’s why they offer comprehensive support to help you claim compensation with confidence and ease. They are experienced in handling assault at work cases and will work with you every step of the way.
Services our panel of solicitors can offer include:
- Working on a No Win No Fee basis.
- Arranging access to treatment providers such as physiotherapists, psychologists, occupational therapists, and other rehabilitation specialists.
- Booking an independent medical assessment to support your injury claim.
- Assisting with the collection of supporting evidence and witness statements.
- Breaking down complex legal terms so everything is easy to understand.
- Guiding you clearly through the entire claims process.
- Handling settlement negotiations to pursue the maximum compensation that you could be eligible for.
- Communicating with third parties, insurers, and the courts on your behalf.
- Helping you apply for interim payments where appropriate.
- Facilitating travel support, including access to a taxi account if needed.
- Taking on claims from across the country, so there’s no need to be local to us.
Our panel of solicitors operate under a Conditional Fee Agreement (CFA) specifically, which is a type of No Win No Fee agreement. This means you won’t pay anything upfront, during the process, or if your claim is unsuccessful for your solicitor’s services. If your case succeeds, a pre-agreed success fee will be deducted from your compensation. The maximum percentage that can be taken as a success fee is also limited by the law.
Contact Us
To benefit from help you can trust, reach out to us now. We offer a completely free initial consultation with no obligation to proceed:
- Call 0800 408 7827
- Fill out our Contact Us form.
- Message in our live on-screen chat box.
Assault At Work – Frequently Asked Questions
Do I Need To Attend A Medical As Part Of My Claim?
Yes, in most cases, you will need to attend an independent medical assessment to verify the injuries sustained. This report supports your claim for general damages.
Will I Need To Go To Court If I Claim?
Most claims are settled outside of court. However, if liability is disputed, court proceedings may be necessary. Our panel of solicitors will guide you through every step if this happens.
Can My Employer Sack Me For Claiming Against Them?
No. It is against employment law for your employer to dismiss you for making a legitimate claim. If this happens, you could be eligible for further legal action for unfair dismissal.
What If My Attacker Has Not Been Convicted?
You can still seek compensation from the CICA if you reported the crime and cooperated with the police. A conviction is not required to receive an award.
Learn More
For more support and guidance, please browse our other related guides:
- How to claim GBH compensation.
- How to claim ABH compensation.
- Learn more about accident at work claims.
For further reading, please browse these other pages:
- Gov.UK – workplace bullying and harassment information.
- Citizens Advice – what to do if you’re being harassed or bullied at work.
- Health and Safety Executive (HSE) – managing violence and aggression at work.
If you’ve been wondering how to sue for assault at work compensation, we are ready to help you take the next step. Contact us today at any time.