Assaults in the Workplace Compensation Claims
Should you be assaulted during the course of your employment it may be possible to pursue a successful claim for personal injury compensation depending upon the circumstances in which the assault took place.
Assaults at work tend to fall into three broad categories:-
- Assaults by fellow employees;
- Assaults by individuals under your care (e.g. a resident at a care home or a pupil at a school);
- An assault by a stranger during the course of your employment (e.g. an assault by a family member whilst making house calls).
Where an assault is committed by a fellow employee this may be deemed to be outside the scope of their employment and should this be the case their employer would not be held responsible. This is a complex area of law and will be determined by the Court on the individual facts of the case.
Individuals who are assaulted by people under their care may be able to pursue a claim for personal injury compensation against their employer.
To do so it will be necessary to establish that there was a foreseeable risk of such an assault but that the employer failed to take reasonably practicable steps to reduce that risk.
In most cases it is unlikely that it will be possible to pursue a claim against an employer where an assault is undertaken by a stranger although this may depend upon the circumstances of the employment and the assault itself.
A personal injury compensation claim could be brought against the individual responsible for the assault although in most cases they will not have the funds available to meet a claim for compensation and the associated legal costs.
An alternative course of action is to apply to the Criminal Injuries Compensation Authority.
At Sintons our personal injury specialists have a wealth of experience in pursuing claims arising from assaults at work.
All personal injury claims are pursued on a No Win No Fee basis so you can rest assured that there is no financial risk.
We can also assist in submitting an application or appeal to the Criminal Injuries Compensation Authority.
To begin a personal injury compensation claim or obtain further advice with no obligation contact Sintons 24/7.