Have you been assaulted at work?

comercrawley

the personal injury lawyers

Your questions answered……

Question:  I was severely assaulted at work recently by a work colleague.  I feel that I didn’t do anything to provoke the assault and the police have told me that they are looking to bring charges against the individual concerned.  Please advise me as to whether I may be able to pursue a claim for compensation.

Answer:  You have several options in terms of seeking to claim compensation for theinjuries and associated financial losses and expenses that you have suffered as a result of the assault.

You may be able to puruse a civil claim for damages against your employer.  This is on the basis that an employer will be vicariously liable for the wrongful acts of theiremployees that occur during the course of their employment.  The courts have held that this may include an assault by an employee.  The claim will be dealt with by the company’s employers liability insurers.

You could also pursue a civil claim for damages against the work colleague thatassaulted you.  This is however a less attractive option as the claim will not be covered by an insurance policy. 

Another option is to seek compensation from the Criminal Injuries Compensation Authority.  The CICA basically administers a centrally funded scheme to compensate thevictims of crime.  To succeed with a claim you will need to meet the criteria specified under the scheme.  The amount of any compensation awarded is however likely to be less than you would be able to claim via a civil claim for damages plus the CICA will not pay anything in respect of legal fees.

Finally, if a criminal prosecution is pursued against the person that assaulted you, you can seek for a compensation order to be made as part of the sentencing (assuming of course that a conviction results from the prosecution).  The amount of any compensationis likely however to be very low compared to the other options mentioned above plus thecompensation order will be payable by the person that assaulted you and will therefore depend on his or her means to pay.  

If you have a question for our legal advice team you can submit it by email:enquiries@comercrawley.co.uk or in writing to:  Chancery House, Victoria Road, Diss, Norfolk IP22 4HZ.