Assault at work compensation after breaches of statutory duty leaves employee exposed to risk of injury
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Home > News > Client wins accident compensation from employer after criminal injuries claim rejected

16th February 2009

Client wins accident compensation from employer after criminal injuries claim rejected

When our client was injured by an intruder at her place of work, she asked for our personal injury compensation claim advice.

Her claim for accident compensation through the Criminal Injuries Compensation Authority was rejected but we fought her accident claim on the basis that there had been a breach of statutory duty by her employer. They had failed to provide a safe system of work, and a safe place of work and this was in breach of the Workplace, Health, Safety and Welfare Regulations. Had they carried out an appropriate risk assessment, they would have foreseen the risk to which our client was exposed.

Exposed to risk of assault at work

Early each morning, part of our client’s duties was to open up the building where she was employed as a domestic assistant. This involved unlocking the premises and entering the darkened empty property before switching on the lights as she moved around the building.

Some time prior to the assault at work on our client, these duties had been carried out by two people. This second person had been removed, leaving our client to enter darkened premises alone.

Since the assault took place, the second person has been re-instated so that no-one is allowed to enter the building alone. In addition, security locks have also been installed.

Injuries suffered as a result of the assault at work

As she was opening a rear door, an unknown person pushed her to one side and ran from the building.

Falling awkwardly, she injured her ankle and was taken to hospital where X-rays were taken and she was treated for shock. She also received treatment from her GP and was initially unable to work for several weeks.

However, when she returned to work, her injury was inflamed and she was forced to take more time off. It was some several months before she was recovered sufficiently to be able to return to work, although she still suffers some effects of the injury at work, with sharp pains and swelling of her foot.

Breach of the Workplace, Health, Safety and Welfare Regulations

Our client had suffered an assault at work due to her employer’s negligence. Clear Answers’ solicitors successfully argued that in breaching these regulations, they had failed in their duty of care in several significant areas, including making sure that they provided a safe workplace.

Securing assault at work compensation

The defendant's insurers refused to negotiate a settlement and it was necessary for our specialist assault at work lawyers to issue court proceedings. However, before the trial, we were able to secure satisfactory settlement terms and our client was awarded £5,000 in personal injury compensation.

Assault at work compensation claim

Clear Answers has extensive experience in all types of accident at work claims, including those involving assault. Whether it was the result of negligence on the part of your employer, or some other cause, they 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 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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