An employer must by law ensure that a working environment is safe and that employees are not harmed or injured while in their employment. This includes protecting you from being assaulted at work whether it is an employer, work colleague, client or visitor to the premises who acts in this way towards you. If you can prove that your employer failed in their duty to keep you safe from being assaulted at work, you could be entitled to sue for compensation.

Would My Assault at Work Claim be Valid?

As previously mentioned, if you suffered an assault at work and the incident occurred in the last 3 years, you may be able to seek compensation by filing a personal injury claim. However, you would need to have sufficient evidence that the assault happened through no fault of your own for the case to be valid.

A personal injury lawyer would help and advise you on the type of evidence you would need to prove your case against an employer, bearing in mind that there is a very strict time limit associated with this type personal injury claim.

What is the Definition of An Assault at Work?

An assault at work as defined by the Health and Safety Executive which also covers violence in the workplace, is as follows:

• A situation where one person is threatened, assaulted or abused in relation to their work

It is worth noting that an “assault” does not mean you have to be physically attacked, because you can be verbally abused, attacked whether it is racist, sexist or homophobic abuse.

Assault at Work Statistics

According to a report published in the UK, around 350,000 workers were assaulted in the workplace between the years 2015 and 2016 with just under half being physical attacks and over half of the workers being subjected to verbal abuse and/or threats while they were at work. Although the report suggests that close to 1.4% of workers experienced some kind of assault at work during this period of time, it is thought that the figure could be a lot higher due to the fact that many instances of violence and assault in the workplace go unreported.

What Employees Are Most At Risk of Assault at Work?

Studies have shown that employees who work alone or who work late at night as well as social workers are most at risk of experiencing an assault in the workplace. Other professions that put workers and employees more at risk include the following:

• People who work with the mentally handicapped
• People who handle cash and/or valuables
• Prison officers
• Police
• Security guards
• Nurses
• People who work in the building trade
• Carers
• Train station attendants
• People who work in the public transport sector

Would My Employer Be Liable For an Assault at Work?

An assault in the workplace is more typically carried out by a work colleague or other person is responsible rather than an employer. As such, holding an employer responsible if you are assaulted at work can prove challenging. With this said, all employer’s have a duty to ensure that a working environment is safe and that the risk of harm and injury to employees is minimal. This means that an employer must do their best to ensure that the risk of being assaulted at work is also kept to the minimum.

Should your employer know that a member of staff has violent tendencies towards you, mitigating the risk of an assault at work would be part of their duty of care to keep you safe from harm while you are in their employment. Another scenario where an employer could be deemed liable for an assault at work taking place would be because an employee was not given adequate training when working with mentally handicapped people or people who are known to have violent tendencies.

As such, an employer must provide extra training, support and the correct tools/equipment with an end goal being to reduce the risk of any sort of assault at work from happening. If they fail to do this, an employer could be held liable should you have been assaulted in the workplace. If you believe that your employer could have prevented an assault on you from happening, you should seek legal advice from a lawyer who specialises in assault at work claims.

This type of claim can be complex and as previously mentioned, establishing liability can prove challenging. As such, a personal injury lawyer would help you through the process of determining whether you have a strong case against your employer and they would offer essential legal advice on how best to proceed in filing an assault at work claim against your employer.

Should the solicitor you contact find that your employer could not be deemed liable, they would typically recommend that you contact the Criminal Injuries Compensation Authority otherwise referred to as CICA and to then start legal proceedings against the person who assaulted you at work.

Does My Employer Pay the Compensation Awarded in an Assault at Work Claim?

If you were the victim of an assault at work and are considering filing for compensation, you may be wondering whether it would be your employer who has to pay the amount you could be awarded if your case against them is upheld. Employers must by law hold liability insurance and the cover must meet the legal requirement which is £5 million. A recognised insurance company must issue the policy which not only covers accidents at work that leave employees injured but also workers who develop a work-related medical condition and those who are victims of an assault in the workplace.

In short, it is your employer’s liability insurance provider who would pay your assault at work compensation and it is the insurance company’s legal department that would handle all aspects of your claim against your employer.

Can I Still File an Assault at Work Claim Against An Employer Who is No Longer Trading?

Just because your employer may no longer be in business, does not mean you cannot file an assault at work claim against them. The reason being that although your employer may no longer be trading, but their liability insurance providers would still be in business and as such, providing you know who the insurance company is, you can claim compensation for an assault at work.

If you do not know who your employer’s insurance provider is, an accident at work lawyer would be able to find this out through the Employer’s Liability Trading Office or ELTO.

Does An Assault at Work Have to Involve a Physical Injury?

If you experience any sort of abuse, threats of violence or you are verbally attacked in any way while you are at work, whether the assault is sexist, racist or homophobic, it is deemed to be an assault at work on you. As such, you could be entitled to seek compensation providing you can show that your employer could be held liable for not keeping you safe from harm while you were in their employment.

What Should I Do If I Am Assaulted at Work?

If you are assaulted at work whether the attack is physical or psychological, the first thing to do is remove yourself from any danger and to get to a safe place. If you have been physically attacked and injured, you should seek medical attention straight away as a matter of urgency. The procedure following an assault at work you should follow is as follows:

• Find a work colleague or someone who you can trust and tell them about the assault at work you were subjected to
• Make sure your employer is made aware of the assault on you and what you intend to do which includes seeking medical care for any injuries you sustained
• If you suffered a physical injury, seek medical attention and make sure the doctor who treats you gives you a detailed medical report detailing the extent of the injuries you sustained – this would be needed when calculating the amount of compensation you may receive if your assault at work claim is upheld
• Make sure you note down exactly what happened and do this while everything is still fresh in your mind making sure that you include the smallest of details
• Get the contact details of anyone who witnessed the assault on you
• Make sure you contact the Police and that you complete a “crime report” of the incident – this would be needed when you file your claim for compensation
• Contact a personal injury lawyer who specialises in assault at work claims

If the lawyer you contact feels that your employer cannot be held responsible, you can still pursue an assault at work claim through the Criminal Injuries Compensation Authority (CICA) bearing in mind that an official report of the incident must have been made to the Police as early as possible after the assault at work took place for your claim to be considered by the CICA.

What Level of Assault at Work Compensation Could I Be Awarded?

The level of assault at work compensation you may be awarded in a successful case against your employer would depend on several factors. However, you would be awarded “general damages” for any injuries you sustained which includes the following:

• Physical pain and suffering – this includes physical disfigurement, impairment
• Mental anguish
• Any loss of companionship you may have had to endure
• How much your quality of life has been negatively impacted

The level of general damages you may receive would depend on the extent of your injuries and whether there are any long-term effects that you would have to cope with as a direct result of having been the victim of an assault at work.

You would be also awarded “special damages” which would be to compensation you for the following:

• Any loss of wages you incurred
• The loss of any future earnings and capacity to work again
• The cost of replacing or repairing any damaged property
• The loss of any irreplaceable items and belongings
• Your medical expenses
• The travel expenses you incurred to seek treatment

To be awarded “special damages” in a successful assault at work claim against your employer, you would need to provide receipts of all the expenditures you paid out which relate directly to the injuries you sustained.

Could I Lose My Job If I File an Assault at Work Claim?

You cannot lose your job because you seek compensation by filing an assault at work claim. Your employer would be acting unlawfully should they threaten you with the sack or redundancy because your worker’s rights are highly protected and this includes when you are injured, harmed or assaulted in the workplace.

If your employer objects to you making a claim, you should contact a lawyer who would offer essential legal advice on whether you would be entitled to file further legal action against your employer because they acted in this way towards you.

Should I Sue My Employer If Am Assaulted at Work?

As previously mentioned, your rights as an employee are protected which means that you have the right to seek compensation for any injuries and harm you suffer while working for an employer. As such, you would be entitled to file an assault at work claim providing you can prove that your employer could be held responsible. The incident must also have occurred in the last 3 years through no fault of your own.

Once you file an assault at work claim, your employer’s liability insurance provider would deal with all aspects of the case and this includes settling the compensation you may be awarded when your claim is upheld, whether in a court or in an out of court settlement. It is worth noting that 95% of all personal injury claims which includes work-related cases, are settled by an insurance provider before they go before a judge.

Are There Any Benefits to Working With a Solicitor on an Assault at Work Claim?

If you were assaulted in the workplace and are considering filing for compensation, there are a lot of advantages and benefits to having a lawyer go over your case. If it is found that your have a strong claim against an employer, an experienced solicitor would typically represent you on a No Win No Fee basis. Other benefits of working with a personal injury lawyer includes the following:

• A personal injury lawyer would offer you an initial consultation for which there is no charge. Depending on the complexity of your case, this can either be done over the phone or in a face-to-face meeting. The consultation does not oblige you to continue with an assault at work claim and you only have to move forward with your case if you feel comfortable doing so
• As previously mentioned, once it has been established that you have a strong case, a solicitor would work on your assault at work claim by signing a No Win No Fee agreement which in short, means you would not have to pay for the legal representation you receive until you are awarded compensation whether your case is settled by your employer’s liability insurers out of court or by a judge should your assault at work claim be disputed and therefore goes before a judge in court
• A solicitor would respect the time limits associated with assault at work claims and would make sure that all pre-action protocols are followed
• Personal injury solicitors can access legal libraries when needed and can base your claim on cases that have been won by employees in the past
• A lawyer who works on your case would let you know how much compensation you may be entitled to receive as early as possible
• A solicitor would work hard to ensure you receive the level of assault at work compensation you would be entitled to and if necessary, the solicitor would ensure you receive interim payments if a final settlement takes longer to reach
• A lawyer would ensure that you are examined by an independent medical professional who would provide an invaluable report on the extent of the injuries you sustained in an assault at work. The level of general damages you receive would be based on this medical report
• A lawyer would also ensure that you receive ongoing treatment and therapy should you injuries be such that you require long-term medical care

Is There a Time Limit to Filing an Assault at Work Claim?

An assault at work claim has a strict time limit that must be adhered to. This is 3 years from when the incident took place. However, if you can prove that you developed a medical health issue as a direct result of having been assaulted at work, the 3 year time limit starts from the day you were diagnosed as suffering from a condition and the diagnosis must be carried out by a recognised medical professional. If you were assaulted at work prior to your 18^th birthday, the 3 year time limit begins from the day you turn 18 years of age.

Would a Solicitor Work on a No Win No Fee Basis on My Assault at Work Claim?

If it is found that your case against an employer, work colleague or other person who assaulted you while at work, a solicitor would agree to work on your claim on a No Win No Fee basis. You would not have to pay a retainer for the lawyer to begin their investigations and working on your assault at work claim. There would be no ongoing fees to find as your claim progresses either. The only time you would have to pay for the services the firm of solicitors provided, is when you are awarded the assault at work compensation you sued your employer for.

The No Win No Fee agreement is called a Conditional Fee Agreement and it lays out the Terms and Conditions of the contract which is a legally binding document. It also sets out the agree percentage you would have to pay the firm of solicitors who represent you, but the fee is only payable if you win your assault at work claim. The maximum percentage that can be charged is 25% and this would be deducted directly from the assault at work compensation you are awarded.

Should you lose your case, you would not have to pay the agreed fee to the firm of solicitors that provided the legal services on you assault at work claim. The reason being that when entering into a No Win No Fee agreement with you, the lawyers agreed to waive their charges if you did not win your case which is one of the many advantages of having an personal injury solicitor represent you when filing an assault at work claim.

Informative Links

To find out more about violence in the workplace, the link below provides a lot of valuable information on the subject:

More about violence in the workplace

If you were the victim of violence in the workplace, it is important to know it is not part of the job. The following link provides essential reading on the topic:

Health and Safety Guide to Violence in the Workplace

 

You could suffer post-traumatic stress disorder (PTSD) if you have witnessed a serious accident at work or been involved in an extremely stressful incident in which you sustained an injury. The condition is a psychiatric disorder that can seriously and negatively impact your life and your ability to work. If your symptoms last for over a month following an accident at work, your condition would be classed as post-traumatic stress disorder and you may be able to claim compensation providing the incident occurred in the workplace in the last three years through no fault of your own.

What Are The Symptoms Of Post-traumatic Stress Disorder?

Symptoms associated with post-traumatic stress disorder can vary in severity and can affect people in many different ways. The most common post-traumatic stress disorder symptoms are listed below:

• Stressful memories of a traumatic work-related accident, near miss or event
• Distressing flashbacks of an incident that occurred in the workplace
• Constant nightmares
• Irritability
• Stress and anxiety
• Emotional stress
• An inability to focus and concentrate
• A feeling of numbness

You may also experience physical effects of post-traumatic stress disorder which could include the following:

• Nausea/sickness
• Dizziness
• Aches and pains
• Trembling

You may even feel that taking legal action out on your employer could be too overwhelming, but an experienced accident at work solicitor would understand your circumstances and would do their level best to make the process of filing a post-traumatic stress disorder claim that much easier for you to cope with. You may find that your case can be assessed and handled over the phone rather than in face-to-face meetings.

Would My Post-traumatic Stress Disorder Claim Be Upheld?

Providing you can show that you suffer from PTSD because you witnessed or were involved in a traumatic accident at work and that the incident occurred either through employer negligence or because a work colleague made a mistake, your PTSD claim would be valid. If you were directly involved in a traumatic work accident that left you suffering from PTSD, you would be deemed to be a “primary victim”.

With this said, you may have witnessed an accident at work in which a work colleague suffered a traumatic injury or in a worse-case scenario the incident could have been fatal. In this instance you would be deemed a “secondary victim”. In order to file a PTSD claim, you must be diagnosed as suffering from the condition by a qualified psychiatrist.

If you think that the workplace accident was partly your fault, you may find that you could still file for compensation. An experienced accident at work lawyer would determine whether vicarious liability could be proved. In short, you may find that you and your employer may be liable for the fact you suffer from PTSD following a workplace accident that you witnessed or were involved in.

Who Is Most At Risk of Suffering From Post-traumatic Stress Disorder?

Anyone can suffer from PTSD whether they were involved in a workplace accident or witnessed a traumatic event. However, some workers are more at risk than others and this includes the following:

• Firefighters
• Paramedics
• Ambulance drivers and workers
• People who work in emergency services
• Policemen and women
• Those in the armed forces

With this said, you could witness or be involved in a traumatic accident in any working environment which could lead to you suffering from post-traumatic stress disorder. If you suffer from PTSD and would like to know if you could seek compensation by filing a claim against an employer, the best course of action to take is to contact a firm of lawyer’s who specialise in this type of complicated personal injury claim.

What Level of Compensation Might I Be Awarded for Post-traumatic Stress Disorder?

The amount you may receive in post-traumatic stress disorder compensation would depend on many things which includes the following:

• The severity of the symptoms you are experiencing
• How much your life and ability to work has been negatively impacted
• Whether your symptoms are so severe that you are unable to continue working

It is also worth noting that the amount indicated below only takes into account the general damages you may be awarded in a successful post-traumatic stress disorder claim and that you would also be entitled to receive “special damages” if your case is upheld. The amount of post-traumatic stress disorder compensation you may receive in general damages in a successful claim is detailed below:

• Very severe post-traumatic stress disorder where a person experiences constant nightmares, flashbacks, avoidance sleep disturbance, hyper-arousal, suicidal tendency, and mood disorders, you may be awarded between £52,490 and £88,270
• Moderately severe post-traumatic stress disorder which has a better prognosis that severe cases and where professional help can aid recovery, you may receive between £20,290 to £52,490
• Moderate post-traumatic stress disorder where recovery is positive and effects are not too disabling, you may be awarded between £7,170 to £20,290
• Post-traumatic stress disorder where recovery is achieved within 1 to 2 years with only minor symptoms persisting, you may be awarded between £3,460 to £7,170

The amounts provided above are given as a guideline only. The reason being that all personal injury claims are unique and as such the amount of post-traumatic stress disorder compensation you may receive could differ to the amount another person may be awarded.

How Do  I Start My Post-traumatic Stress Disorder Claim Against My Employer?

If you were a witness to a traumatic accident in the workplace or you were involved in the incident and now suffer from post-traumatic stress disorder, you should seek medical help. When you are strong enough, you should then contact a solicitor who specialises in PTSD claims for employees who would understand what you may be going through and would therefore, be sympathetic to your situation.

A solicitor would provide essential legal advice on the type of evidence that would be needed to file a post-traumatic stress disorder claim against an employer and would help when it comes to gathering all the documentation and proof required to ensure that your claim is successful.

What Can I Include in My Post-traumatic Stress Disorder Claim Against an Employer?

As previously mentioned, you would be awarded both general damages and special damages in a successful post-traumatic stress disorder claim. General damages are awarded to compensate you for the pain and suffering you had to endure as a result of suffering from post-traumatic stress disorder in the workplace. Other factors that are taken into account when calculating the amount of compensation you may be awarded in general damages includes your ability to work ever again.

Special damages are awarded to compensate you for all the expenses you had to pay out as a direct result of suffering from the condition. When it comes to special damages, these cover travel and medical expenses which means that all receipts must be kept as proof of the out-of-pocket expenses you incurred which could also include care costs and other expenses other than travel and medical expenses.

The more evidence you can provide that you suffer from PTSD due to having been involved in a workplace accident or because you witnessed a traumatic incident in the workplace, the stronger your claim against an employer would be and the more in the way of PTSD compensation you may be awarded.

Should I File a Post-traumatic Stress Disorder Against My Employer?

If you were involved in a serious accident at work in which you were injured or you witnessed a horrific workplace incident that left you suffering from post-traumatic stress disorder, under UK law, you have the right to seek compensation from an employer. You would have to prove that the incident that led to you suffering from the condition occurred through no fault of your own and it happened in the workplace in the last three years.

With this said, even if you think that you may be responsible for the workplace accident, you should still discuss your case with an accident at work lawyer who would establish whether vicarious liability can be argued when filing a post-traumatic stress disorder claim against an employer.

Your employer must, by law, have current liability insurance which has to be issued by a recognised provider. The insurance cover must also meet the legal requirement which is currently £5 million. When you file a personal injury claim against an employer, the insurance company who issued the policy would handle your case from the outset to when a post-traumatic stress disorder compensation settlement is reached. It is noteworthy that 95% of all personal injury claims are negotiated out of court and these negotiations are best left to accident at work lawyers with vast experience in communicating with insurers.

It is also worth noting that post-traumatic stress disorder under the Equality Act 2010 is deemed to be a disability if the condition is such that you are left with long-term issues that affect your daily life and ability to work. If this is the case, the amount of PTSD compensation you may be awarded would reflect whether your condition prevents you from working and negatively impacts aspects of your daily life.

Do I Have Worker’s Rights If I Suffer From PTSD?

All employees in the UK have rights which are highly protected. These rights cover many aspects of your working life and includes when you are injured or suffer harm in the workplace. Your rights following a workplace accident that leaves you suffering from PTSD include the following:

• To seek compensation from your employer
• To file a personal injury claim against an employer without the fear of losing your job or being discriminated against

If your employer objects to you filing a post-traumatic stress disorder claim against them, you should discuss your concerns with a lawyer who would provide essential advice on how best to deal with the situation. You should never resign from your job should your employer make your working life very awkward before contact a solicitor unless you feel that you have no other option. A solicitor would establish whether you have grounds to file further legal action against your employer because of their actions and behaviour towards you.

Does My Employer Have Responsibilities in the Workplace?

All employers have a duty of care towards the people who work for them. These responsibilities are set in place to protect you when you are in the workplace. There are many laws and Health and Safety Executive regulations in place which both employers and employees must adhere to in the workplace. An employer’s responsibilities towards you when you are in their employment are as follows:

• You are given adequate training to carry out your job and ongoing training is provided at regular intervals
• The machinery, equipment and tools used in the workplace are in good working order and serviced according to a manufacturer’s guidelines
• That risk assessments are routinely carried out in the workplace to identify dangers and risks that may be present before setting in place all reasonable measures to reduce the chance of an accident occurring
• That you are provided with detailed working practices and procedures
• That you are provided with the correct personal protective equipment which must be kept in good condition and readily available

If an employer fails to keep you safe while you are in their employment and you witness or are involved in a traumatic accident at work that leaves you suffering from post-traumatic stress disorder, you would have the right to seek compensation by filing a personal injury claim against them.

Is There a Time Limit to Filing a Post-traumatic Stress Disorder Against an Employer?

You would have 3 years from the time you were diagnosed as suffering from post-traumatic stress disorder to file a claim against an employer. However, because the nature of the condition is so complex, you may not experience any of the symptoms associated with post-traumatic stress disorder for months or years following a traumatic accident in the workplace whether you were a primary or secondary victim. If this is the case, you may be entitled to file a PTSD claim even if the 3 years has passed and the best course of action is to contact an accident at work lawyer who specialises in this type of claim.

It is far better to begin a post-traumatic stress disorder claim against an employer sooner rather than later. The reason being that it can take a long time to gather all the proof and evidence that is needed to ensure that a claim is upheld. This is especially true should your employer deny liability for the fact that you suffer from PTSD.

Can My Employer Fire Me For Filing a Post-traumatic Stress Disorder Claim Against Them?

If your condition does not prevent you from working and you feel that you can return to work whether you were involved in a workplace accident that left you suffering from PTSD or because you witnessed a serious accident at work that led to you suffering from post-traumatic stress disorder, an employer must allow you to do so. You cannot be fired because you sought compensation from an employer and if you are, you could take further legal action out because your employer would have broken the law.

As such, if you find that you are being threatened with redundancy or the sack because you seek post-traumatic stress disorder compensation from your employer, you should discuss things with a lawyer before doing anything else. A lawyer would offer crucial legal advice on how best to proceed when it comes to filing any other claim against your employer.

Are There Any Benefits to Working With a Solicitor on a Post-traumatic Stress Disorder Claim?

Filing a post-traumatic stress disorder claim against an employer can be a complex legal process that is best left up to a lawyer with vast experience of handling this type of sensitive case for employees. As previously mentioned, suffering from PTSD can make life very hard, more especially if you find yourself in any sort of stressful situation. As such, having a solicitor handle your case and represent you legally, can alleviate any anxiety you may be feeling about filing a post-traumatic stress disorder claim against your employer.

Other advantages and benefits of having the expertise of an experienced accident at work lawyer represent you include the following:

• Personal injury lawyers have an in-depth knowledge of law and can access legal libraries when necessary
• You would be provided with crucial advice on the type of evidence that would be needed to prove your PTSD claim against an employer
• Lawyers who specialise in post-traumatic stress disorder claims can arrange for you to see a mental health expert who would be able to provide a crucial report that would support and strengthen your PTSD claim
• PTSD claims, as previously mentioned are complex legal processes where pre-action protocols have to be respected. Having an experienced lawyer represent you can help speed up the process and would ensure legal pitfalls are avoided
• A personal injury solicitor would communicate with your employer’s liability insurance provider once they are satisfied you have a strong case against an employer. This takes all the pressure off your shoulders
• An experienced lawyer who handles this type of complex claim would ensure that you receive interim payments prior to a final settlement being reached
• A personal injury solicitor would work hard on your behalf to ensure that you are awarded a level of compensation you would be entitled to having developed PTSD following a workplace accident
• The lawyer would also ensure that you receive ongoing therapy should this be necessary

Having an expert lawyer represent you when making a post-traumatic stress disorder claim against an employer takes all the pressure off your shoulders. This is especially important if you suffer from this type of condition which could be deemed a “disability” and as such you may be entitled to receive PTSD benefits.

Would a Solicitor Work on My Post-traumatic Stress Disorder Claim on a No Win No Fee Basis?

When you contact a solicitor about a post-traumatic stress disorder claim, you would be offered a no obligation consultation which allows a lawyer to determine whether you have a case against your employer. This first consultation is free of charge whether you talk on the phone with the solicitor or arrange to meet them face-to-face in their offices. Once the lawyer is happy that you PTSD claim is valid, they would agree to represent you without you having to pay them an upfront fee.

No Win No Fee agreements are legally binding contracts that are known as Conditional Fee Agreements (CFAs) because you only pay for the legal representation you receive when you are awarded the PTSD compensation you seek from an employer. With this said, it is your employer’s liability insurance provider who would deal with your claim and they would pay out the compensation settlement that is reached. Should you lose your PTSD claim against your employer, there would be no “success fee” to pay because the accident at work lawyer undertook to represent you on a No Win No Fee basis.

Informative Links

If you would like to know more on the symptoms associated with post-traumatic stress disorder is diagnosed, please follow the link below which takes you to the NHS website where you will find a lot of useful information:

More about the symptoms associated with post-traumatic stress disorder

To find out more about treatment options for post-traumatic stress disorder, please click on the NHS link below:

Treating post-traumatic stress disorder

If you would like more information on whether PTSD is considered a disability, please click on the link below:

More about post-traumatic stress disorder as a disability