Who can I claim compensation from?
If you have been assaulted at work there are usually three possible ways to claim compensation.
- You can claim from your employer if they failed to comply with a safe system of work.
- You can claim against the employee who assaulted you.
- You can make a CICA claim for criminal injuries compensation.
Claiming compensation from your employer
An employer owes its employees a duty of care to provide a safe system of work. It should not allow any threats of assault let alone acts of violence in the workplace. As soon as it is aware of this, it should commence a proper investigation. It is not sufficient to say, it was simply a minor incident and not investigate. Each incident however trivial should be investigated.
Where an employer is aware of a particularly volatile employee it should apply reasonable employment procedures to provide protection to other employees. If it does not and someone is then assaulted, the employer may well be liable for the employee’s injuries.
Claiming compensation from the employee who assaulted you
This type of assault claim is the easiest to prove, as you are claiming from the person who injured you. The main problem with this route is ensuring that they can afford to pay you compensation. They may lose their job as a result of the assault. They may even be imprisoned. So the likelihood of them being able to pay compensation is limited.
Claiming compensation from the Criminal Injuries Compensation Authority
Often this is the best route to take. You do not need to worry about the financial circumstances of your attacker. You do not need to prove that your employer ought to have done more to ensure the safety of its employees. Providing the assault is reported to the police and your injuries are sufficiently serious a claim for compensation under the Criminal Injuries Compensation Scheme 2012 is likely to be the best route for compensation.
How can you apply for assault at work compensation to the CICA?
There are two routes to applying. Either directly using the government portal, or apply for compensation using CICA Solicitors who specialise in such claims.
Is it better to apply directly to the CICA or use CICA Solicitors?
It is cheaper to apply direct, and the CICA make it easy to submit a claim. What they do not tell you is how difficult it is to prove your claim and ultimately receive compensation. Many claims are rejected or simply given up, as the CICA is very particular with what information it requires before it will pay compensation. Using CICA Solicitors will cost more, but they will know what information is needed and ensure your claim is on track. They will have a higher success rate and are likely to increase the amount of compensation you receive. Most solicitors will offer you a ‘no win no fee agreement’, so you do not have legal costs unless you are successful. They will usually agree a fee of 25%, which means you, will keep 75%.
If you would like to contact solicitors who specialise in assault at work claims, you could try Winston Solicitors.
