Assault in the Workplace Claims

According to the HSE in 2018 /2019 there were 356,000 assaults in the workplace with 54% of assaults on workers resulting in injury.

In about 1 in 3 cases the assault is by a person known to the victim at work and liability to pay compensation can be established against the employer/their insurers where a sufficient connection is established between the perpetrator's act and the discharge of their duties albeit by an unauthorised mode.

In many cases employers can act defensively tending to close ranks with the perpetrator to avoid reputational harm and will try to defeat claims for injury and loss sustained by the victim. This is a specialist area and we have had success in the past in establishing vicarious liability following denials of liability by the defendant and insurer

In the majority of assault in the workplace cases however the assault is perpetrated by non- colleagues often members of the public, service users or patients and liability on the part of the employer/their insurer can arise where the injury could have been prevented had an appropriate risk assessment been done and reasonably practicable control measures devised and implemented such as providing adequate supervision, staffing levels, information and training or suitable Personal Protective Equipment. In such cases the claimant begins at a disadvantage often away from work and without immediate access to evidence or witnesses before they have been debriefed by the employer.

In all such cases it is important to promptly report the assault, seek medical attention, and in appropriate cases to contact the police and to preserve evidence that may later become important.

We can also represent clients who have been sexually assaulted to include assisting where requested with Criminal Injuries Compensation Authority Claims.