Can I claim compensation for being assaulted at work?

Workers can face assault in many situations at work, including from managers, customers or colleagues. These can be extremely shocking and stressful situations for those affected. The act itself can be traumatic, but an employee’s experience of the workplace is essential to their mental wellbeing.

Workplaces are obligated by law to protect their employees from any risks they may face, which includes assault at work. If the workplace did not take substantial measures to prevent an assault from occurring, then they have neglected their duty of care to their employees and could be liable to pay compensation under the Health and Safety at Work Act 1974.

What is classed as assault at work?

Under this act, assault can constitute verbal abuse as well as physical attacks. It defines assault as ‘any incident in which a person is abused, threatened or assaulted in circumstances relating to their work’. This could include threats, being shouted at, or being abused due to a protected characteristic such as race, sexuality or gender. Verbal abuse does have a higher standard of proof, as a diagnosis for a mental health issue such as PTSD is often required to evidence the abuse. The claim itself is a type of personal injury claim.

How can I seek compensation from an assault at work?

Seeking compensation in these situations can be difficult for the assaulted party, who may be worried about the impact that seeking compensation could have on their career, as well as any trauma arising from the assault itself. While those making claims cannot be sacked for making claims, it’s often best to seek legal advice in order to ensure a complaint is filed correctly and with the maximum likelihood of being upheld. 

The first thing to do to prepare a claim is to create a written statement which describes the incident in detail. Next, try to gather evidence of what occurred, including witness statements, CCTV footage or anything else which may help to prove an account. Some assaults will need to be reported to the police.

If you have been assaulted at work, then DFA Law is on hand to help. We can help you with all aspects with your claim and the sensitive aspects of your experience. Get in touch on 01604 60 95 60, or email info@dfalaw.co.uk.