Man with Brain Injury Wins Claim against Employer after Workplace Assault

How We Helped Our Client

We arranged for Tim to be assessed by several independent medical experts, so we could prove the extent of his brain injury, and how it would affect his day-to-day life both now and in the future.

After approaching his employer with details of our claim, we managed to obtain significant interim payments of compensation. This meant he could get the rehabilitation, treatment, and ongoing support he needed straight away, rather than have to wait for the claim to be settled in full.

Tim was able to move into his own home and live as independently as he could because of the care and support package that was also funded by the case.

What Was the Outcome?

Tim was awarded £2 million in compensation, which means he can access the care, support, and rehabilitation he needs to live with his brain injury.

This case is notable as the employer didn’t admit liability (fault) at first, but we pushed for information on the firm’s recruitment selection process and how they assess workplace risks.

The employer’s insurer also tried to refuse paying out, saying that the employee acted outside the remit of his employment. Again, this was fought, and the insurance company conceded this argument.

Since ultimately the employer was responsible for what happened, they eventually accepted responsibility, and we managed to reach a compensation settlement without going to Court.

The case settled successfully during a joint settlement meeting, which was done remotely because of Covid-19 lockdown restrictions at the time.

FAQs about Workplace Assault Claims

Can I Claim Against My Employer for My Assault?

Yes, you can claim compensation from your employer if you believe that they failed to protect you and the assault was a result of their failure. Your employer has a duty of care to make sure that you are safe at work, so your assault could be their responsibility. Even if your employer wasn’t directly involved in your assault, they may still be liable, and you may be entitled to compensation.

Contact us today to find out whether or not your claim for compensation is likely to be successful.

Is My Employer Responsible for My Assault?

It can be confusing to know whether or not your employer is at fault. There are many circumstances where an employer can be liable for an assault in the workplace, including:

• Working alone – If you have been left alone to work where you were vulnerable to attacks, your employer may be responsible. For instance, if you’re a security guard or a prison officer, or work in similar roles where you work around people who can challenge you, you will be at risk if left alone.
• Ignoring violent behaviour – If your employer is aware of a member of staff displaying violent behaviour or threatening other staff members and does nothing about it, they can be liable for any attacks that occur. Likewise, if your place of work has been subjected to a number of robberies but your employer hasn’t put any additional security measures in place and you’re injured in a robbery, your employer could also be responsible.
• Training – If you work in a profession where you are likely to interact with angry or violent people, you should receive full training on how to deal with these types of situations. There should be proper protocol in place for these types of interactions, so you know exactly what to do.

If you have suffered a workplace assault, our specialist solicitors can help determine whether you have a case for compensation. We’ll review the details of your case and offer all the legal options that are available to you.

Do I Need to Provide Evidence of the Assault?

Yes, you will need to show evidence that you were assaulted at work, who did it, and how it happened. If your claim is against your employer, then you must also show how they failed to protect you and why they were responsible for the assault.

It will also help your case if you immediately report the assault to the police and follow the proper channels alongside a legal case for compensation. You will also need to allow the police to do their job and investigate the case in full.

How Much Compensation Will I Be Entitled To?

The compensation that you receive will depend on many factors, including the severity of your injuries and the impact the assault has had on your life. For example, if you will need to receive care for the rest of your life, this will be taken into consideration, as the ongoing costs of your care will significantly increase your claim.

Can My Employer Dismiss Me?

If you have filed a claim for compensation against your employer, they are not legally allowed to dismiss you because of this. Your employer must have good reason to dismiss you from your role. If you are unfairly dismissed and you have evidence of this, you should seek legal advice immediately with our experts.

Will I Need to Undergo a Medical Examination for My Claim?

Yes, it’s important that we gather all the evidence we can to strengthen your case for compensation. We will instruct an independent medical professional to examine you and your injuries. They will provide a full report on the extent of your injuries and the impact they will have on your life, whether it’s temporary or permanent. This will allow us to properly consider your case and how much compensation you will be entitled to.

How Will I Pay for My Compensation Claim?

We understand that at a time like this, the last thing you need to worry about is finances. To help you where we can, we may be able to handle your case on a No Win, No Fee agreement. This means that unless your claim is successful, you won’t have to pay a penny towards legal fees. You will have full peace of mind that unless you are awarded a sum of money, you won’t receive a bill.

Our solicitors will discuss your finance options in detail before we get started, so you know exactly where you stand.

Why Choose Simpson Millar

If you have been assaulted at work and feel that your employer didn’t do enough to protect you, you may be able to claim compensation for your injuries.

We can offer you independent legal advice on whether you have a strong claim against your employer for the injuries that you have sustained.

Our expert solicitors are experienced in all types of compensation claims against employers, so we can successfully negotiate and defend your case with full knowledge of your rights as an employee.

Our specialist team has nationally recognised injury claim experts who have a strong track record of recovering compensation for our clients. As a result, we can help you gain access to the support and rehabilitation that you need to help rebuild your life. While compensation won’t change what happened, it can help you move forward and have the cost of your care covered.

We understand that you don’t need to worry about legal costs during a time like this, so we may be able to handle your case on a No Win, No Fee agreement. Contact us today for a free claims assessment and ask us for details about what financial help we can offer you.