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Home > Accident Types > Public Liability > Criminal Assault

Criminal Assault

Criminal assaults give rise to several possible ways to claim compensation.

First, it is always possible to sue the assailant direct. However, this is rarely advisable because of the difficulty of enforcing any judgement

Secondly, if the assault happens at work, it is possible that a claim can be made against the employer. Such claims are sometimes possible, particularly if the employer has exposed you to an unnecessary and foreseeable risk of injury which reasonable care would have avoided. For example, a nurse who is left alone without proper training with a known violent psychiatric patient may have a reasonable claim to bring.

Thirdly, and most commonly, it is possible to make a claim under the Criminal Injuries Compensation Scheme 2001. This is a statutory scheme designed to compensate the victims of crimes of violence.

It is important to note that:

  • There is a strict 2 year time limit for making claims

  • No legal costs are payable

  • Trivial injuries valued at less than £1,000 are not compensated

  • Awards are made strictly within a tariff

  • Multiple injuries are compensated according to a formula, with 100% for the most serious injury, 30% for the next injury and 15% for the third

  • No award is made for loss of earnings until after 28 weeks incapacity and then any award is capped at one and a half gross industrial earnings. In other words, if you are a high earner you will not be awarded your full loss of earnings, and you get nothing for the first 28 weeks in any event. All benefit payments are deducted in full.

It is possible to make a claim under the scheme as well as a claim against the employer, where appropriate, but any compensation received from the claim against the employer is deducted in full from the scheme figure.

The scheme is a complex one and it is always important therefore to obtain prompt specialist advice.

Clear Answers specialist lawyers will be able to advise you whether a claim for compensation arising out of a criminal assault is possible and can give guidance and assistance on how it can be pursued

If you do have a valid personal injury compensation claim and you decide to instruct Clear Answers to deal with the matter for you, we will recover our legal fees from the person responsible for your injury, ensuring that the entire procedure is cost-free for yourself. Telephone us now on 0800 783 9019 or complete one of our online compensation claim forms.

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