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Home > News > Assaulted at work by patient who had suffered brain damage

5th May 2009

Assaulted at work by patient who had suffered brain damage

Our specialist personal injury lawyers were able to secure assault at work compensation for our client when she was injured in a violent attack at work.

It was necessary to issue court proceedings when the other side’s insurers refused to negotiate an acceptable settlement. However, some time before the trial date, we were able to negotiate in excess of £40,000 in assault at work compensation, which our client was pleased to accept.

Assault at work

Our client worked at a care home which was designated for the elderly mentally infirm. On the day of the workplace assault, she and a colleague approached a patient who was blocking an access. This patient was suffering from an acquired brain injury and should have been allocated to another unit nearby, which specialises in the care of patients with such conditions.

As this access was the only means for the patients to move around the unit, they had no option but to try to remove him. Our client tried to talk to him and persuade him to move, and at the same time, each gently took an arm to restrain him.

Suddenly, and without warning, the patient violently threw our client off. She fell heavily, sustaining an injury to her coccyx. After several periods of being unable to work, our client was advised that she would be unable to continue in her patient care occupation and that she would be unable to do any work of a heavy nature in the future.

No alternative work was available with her employer and she was eventually allowed to take early retirement on the grounds of ill-health. Given the few years remaining before her planned retirement age, it is unlikely she will be able to secure alternative employment.

Breach of regulations leading to injuries at work

The defendant, our client’s employer, failed to provide a safe system of working, and also failed to take action following complaints of staff about this patient’s frequent violent actions and violent behaviour towards staff and other patients. They had also knowingly exposed our client to risk of injury by allowing her to work with a patient whose condition was not suitable for his being cared for in this unit.

Shortly after the assault at work, the patient was transferred to the nearby separate unit that cares for patients with this type of brain damage. The employer's negligence had been compounded by their failure to provide appropriate training for dealing with violent patients.

Each of these failures is a breach under the Workplace (Health, Safety & Welfare) Regulations 1992. This assault at work compensation claim was fought on the basis of these breaches and our specialist personal injury lawyers successfully negotiated substantial accident compensation for our client.

Assault at work compensation claims

Should you decide to instruct Clear Answers to represent you in your claim for personal injury compensation, our teams of specialist assault at work lawyers are waiting to help you. We have extensive experience in all types of assault at work and accident at work claims, whether it was the result of negligence on the part of your employer, or some other cause.

Our personal injury lawyers will be happy to provide you with expert legal advice, talk you through the claims process in plain English and answer any questions you may have regarding your accident claim.

If you or a family member has been injured in these circumstances, please ring us on 0800 783 9019 and speak to one of our advisers. Alternatively, you may prefer to complete one of our on-line compensation claim forms and one of our representatives will contact you as quickly as possible.

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