Case study of a successful assault at work compensation claim where the victim recovered £27,000
We were approached by a man in his 60s who had been the victim of an assault at work. There had been some minor issues between staff regarding a coffee machine in the workplace that was intended for customer use only. A member of the cleaning team had raised a complaint, which led to staff being asked to refrain from using the machine to make drinks for themselves.
On the day of the incident, our client was walking towards his office when the same member of the cleaning team made a comment about making himself a coffee with the machine. Our client responded stating he would not do that, as he did not want to get into trouble. He thought no more about the exchange, understanding it to have been a joke between the two men as they had always got on well at work.
Once back in his office he had his back to the door when he heard someone enter the room. As he began to turn around, he was struck on the side of his face with such force that it knocked him to the ground.
Our client reported the assault to his employer and felt shaken by the experience. He went to see his GP and was signed off work for one month. However, he felt he did not wish to return to work following the incident and resigned.
We specialise in cases involving assaults including claiming compensation on behalf of people nationwide who have been the victim of an assault at work. We therefore assessed the facts of the case and took the view that he had a valid case against his employer. This was on the basis that an employer can be held responsible for the behavior and conduct of their employees if it takes place ‘in the course of their employment’. In this case we felt the assault had taken place in the course of the assailant’s employment and we therefore agreed to take the case on, working on a No Win, No fee basis.
However, the employer alleged that our client was equally to blame for the assault, despite being presented with consistent evidence gathered by us confirming this was an unprovoked attack. As the employer was determined to defend the claim we commenced formal court proceedings against them.
It initially appeared that the value of our client’s claim was relatively modest as the injuries to his face resolved within a few months. However, we were concerned that the assault may have affected him in psychologically and we therefore arranged for a psychologist to provide an expert report. This confirmed that he was indeed suffering ongoing psychological symptoms stemming from the assault. As a result of this the value of his compensation claim increased significantly.
Once the extent of the man’s physical and psychological injuries was clear, we looked into what private medical treatment would be available to help him and included those costs in the compensation package, along with other losses and expenses incurred. This included a claim for lost earnings as a result of his time off work following the assault at work.
Following negotiations with our client’s employers we were able to secure him compensation of £27,000.
If you have been injured in an assault at work and are looking for specialist solicitors to deal with your compensation claim on a No Win, No Fee basis then call our Free Legal Helpline on or send an email with brief details of your claim to us at [email protected]ell.co.uk