Assaults in the Work Place

In today's working landscape, a safe and respectful workplace is crucial for employees to thrive. Unfortunately, incidents of workplace assault can shatter this sense of security, leaving victims with physical, emotional, and financial burdens. We can assist you in making a personal injury and Criminal Injuries Compensation Authority (CICA) claims as necessary.

What is an assault at work claim?

If you're an employee who's been attacked or assaulted at work by a service user, manager, customer or colleague, it's likely you are unsure where to turn and worried. The incident may have caused painful physical injuries and may also have affected your relationships and mental wellbeing. 

To make an assault at work claim against your employer, you need to show that the incident was preventable. We need to show that the assault happened, that it was preventable and that the employer breached their duty to you.  

No-one should have to experience being psychologically, sexually or physically attacked at work. If this has happened to you, we can help and support you investigate compensation.

Your employer has a legal duty to protect you from any risks, including assault, while in your workplace. Their duty to ensure the welfare of their employees is set out in the Health and Safety at Work Act 1974. If they fail to do this, you may be able to make an assault at work claim. The Health and Safety Executive defines it as ‘any incident in which a person is abused, threatened or assaulted in circumstances relating to their work'. 

What constitutes assault at work?

Assault at work can happen in many forms, including physical, harassment, psychological and/or sexual abuse. It may be a one-off incident or part of repeated behaviour. The aftermath can be overwhelming, affecting victims both professionally and personally.

Situations such as being punched, kicked, slapped or physically attacked at work in any other way would be classed as assault. Victims may experience physical injuries such as bruises, fractures, or long-term health issues. Additionally, the emotional toll can lead to anxiety, depression, and post-traumatic stress disorder (PTSD).

Verbal abuse is also classed as being assaulted at work, for instance being shouted at, threatened, or racially or otherwise abused - however, a claim needs a clear and diagnosed medical condition arising from the abuse.

If you're an employee who's been assaulted at work by a customer, manager, co-worker or otherwise, you may have a claim.

For example, if the attacker had been aggressive or violent in the past and your employer didn't do enough to protect you and other employees or your workplace was understaffed and you were attacked by a service user or customer can all be examples of situations which contributed to your assault in the workplace.

You may be able to make an assault at work claim if you were

  • Assaulted at work by a service user.
  • Assaulted at work by your manager or supervisor.
  • Assaulted at work by a customer.
  • Assaulted at work by another employee.
  • Working alone or understaffed: Members of staff who are left to work alone or in a short-staffed environment can be particularly vulnerable to attacks or assaults. Security guards, prison officers and carers for people with challenging behaviour can be at particular risk
  • Ignoring previous violent behaviour from another member of staff, patient or client who has committed violent acts in the past (or about which they could have easily found out) but fails to take any or adequate action and that person assaults a member of staff, then the employer may be liable.
  • If a place of work has been subject to a series of robberies in the past but no extra security measures are taken and a member of staff is injured in a subsequent robbery
  • Lack of training or PPE (Personal Protective Equipment): When working in a profession where you are likely to encounter angry, violent or difficult clients or customers, it is important that you receive training on how to diffuse potentially dangerous situations. As a last resort, PPE should be provided to try and prevent or limit the seriousness of the injury. It is important that all safety equipment such as panic alarms etc. are in full working order.

Why take a personal injury claim?

  • Any earnings you have lost if you've had to take time off work.
  • Any costs you've had related to your injury, like medical bills, prescription costs or travel to the hospital.
  • Any changes you've had to make to your home or car because of your injury.
  • Physical injuries
  • Any effect the incident has had on your mental health.

Compensation Routes

If you or a loved one has been assaulted at work, don't hesitate to contact us. We offer a free initial consultation to evaluate your case and discuss your legal options. Let us help you seek justice and hold those responsible accountable for their actions. There are time scales and you should contact us as soon as possible to investigate an action for you

Your well-being is our priority, and we are committed to providing you with the legal representation you need during this challenging time.

Our solicitors understand the complex and long-lasting challenges posed be assaulted in the course of your employment.

Contact Us

If you or a loved one has experienced assault at work reach out to Speir Buchan today. We are here to provide not only expert legal guidance but also an understanding of the physical, emotional, and financial challenges you face. Together, we will work towards securing the justice and compensation you deserve.

Further reading and support

Criminal Injuries Compensation Process

Criminal Injuries Compensation Authority

Victim Support Scotland

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Discuss Your Case

Are you are seeking legal representation for "No Win No fee" complex litigation matters? Speir Buchan is your trusted partner, specialising in: Medical Negligence, Workplace Accidents, MOD (Ministry of Defence) Claims and Road Traffic Accidents.