If you’ve been the victim of a physical attack at work or have suffered the emotional and psychological impact of assault, you may be entitled to make an assault at work claim and seek workplace assault compensation.
Many individuals who face such incidents are often unsure about the next steps to take. A common question that arises is: What is the average payout for assault at work in Blackburn? This question can be crucial in understanding the potential compensation and the steps to claim it.
According to the Crime Survey for England and Wales, there were around 642,000 incidents of work-related violence, including 290,000 assaults, in the most recent reporting period. These figures reveal that workplace violence remains a serious issue across the UK, including in Blackburn. If you are struggling with such situations, it’s time to take action and get legal support. Contact Cooperhall Solicitors now.
This detailed guide to Blackburn compensation will assist you in understanding every step of the process, from how to claim compensation and determine who may be liable for your injuries, to when your employer’s negligence in workplace safety could make them responsible.
What Counts as an Assault at Work?
An assault at work refers to any physical attack at work or threat of violence that causes injury or emotional distress. It can involve being pushed, hit, grabbed, or even verbally abused. In legal terms, assault doesn’t always mean a physical strike; even the threat of violence can qualify.
Examples of workplace assault include:
- A customer hits a shop worker.
- A colleague is making repeated violent threats.
- A patient attacking a nurse or care assistant.
- Intruders are physically harming staff.
These incidents cause not only compensation for physical injury but also compensation for emotional distress at work and psychological injury compensation.
Case study: The Asghar Badshah case is a local tragedy in which a Bradford bus driver was kidnapped and killed in 2019. This case study dramatically displays the potentially devastating (even fatal) impact of uncontrolled violence in the workplace where safety is disregarded.
How Common Are Workplace Assaults in the UK?
The figures of workplace assault in the UK depict is an increasing concern in most industries. According to the reports provided by the Health and Safety Executive (HSE), over 688,000 workplace violence cases occur annually in England and Wales.
Recent local statistics provided by Lancashire Police indicate that workplace assaults in hospitals, schools and shops are increasingly being reported in UK. This underscores the importance of increased safety responsibility in the workplace and more effective methods of reporting workplace violence.
According to the NHS England 2024 Staff Survey, 14.38% of NHS staff experienced physical violence from patients, relatives, or the public.
Despite the improved reporting systems and increased awareness, a lot of employees in Blackburn and other areas are still reluctant to make an assault claim due to the fear of retaliation or the fear of losing their jobs.
Can I Claim Compensation for an Assault at Work?
Yes, you can. Victims of workplace violence are legally entitled to seek workplace assault compensation. You can make a personal injury claim against your employer or a CICA compensation claim if the assault was a criminal act.
You need to demonstrate one of the following to qualify:
- The assault happened during your employment.
- The employer has not fulfilled its duty of care.
- As a consequence of the assault, you were physically or psychologically injured.
Who Can Make a Workplace Assault Claim in Blackburn?
You can make an injury at work claim in case you are:
- An agency worker, an employee, or a contractor
- An employee of the state (nurse, teacher, police personnel)
- A self-employed person was attacked while working in a controlled environment
Remember, the legal time limit of making a workplace assault claim is usually three years after the assault incident or the time the injury was diagnosed.
Average Payout Amounts for Workplace Assault Claims
The severity of the injury, lost wages, and psychological and emotional effects of the assault all affect the average compensation for workplace assault.
Injury Type | Average Payout Range (Approx.) | Type of Damage |
Light bruising or soft-tissue trauma | £1,000 – £3,000 | Physical injury compensation |
Broken bones or fractures | £5,000 – £12,000 | General damages and special damages |
Psychological trauma (PTSD) | £8,000 – £25,000 | PTSD after assault compensation |
Serious long-term disability | £25,000 – £100,000+ | Pain and suffering compensation |
These figures are based on the judicial college guidelines compensation system applicable to UK courts and solicitors.
How Compensation for Workplace Assault Is Calculated
Understanding how compensation payouts are calculated helps you estimate your case value. Solicitors assess:
- Severity of physical and psychological injuries.
- Loss of earnings compensation and future wage loss.
- Medical evidence for compensation claims.
- Cost of therapy or compensation for injury to feelings.
The court considers general damages versus special damages.
- General damages cover pain, suffering, and long-term effects.
- Special damages reimburse financial losses like travel costs and unpaid time off work.
The CICA Scheme and Eligibility Criteria
If your assault was a criminal act, you can claim through the Criminal Injuries Compensation Authority (CICA). This government body compensates victims of violent crime.
Difference Between a CICA Claim and an Employer Liability Claim
CICA Claim | Employer Liability Claim |
For criminal assaults | For negligence in workplace safety |
Run by the government | Filed against the employer |
Fixed tariffs based on injury type | Variable payout based on the case |
Requires a police report | Requires proof of employer fault |
Whether to pursue a CICA claim or an employer liability claim will depend on the manner in which the assault occurred and the party to blame. Being aware of both possibilities assists victims in Blackburn in seeking the most appropriate method of receiving reasonable compensation due to assault at work.
Steps to Take After an Assault at Work
Understanding the proper legal procedures to follow in workplace violence can significantly strengthen your claim.
- Make a formal report about the assault to your employer.
- Immediately file a police report on the assault at the workplace.
- Get medical evidence for compensation claims from your GP or hospital.
- Keep receipts for financial losses after workplace assault.
- Contact Blackburn personal injury solicitors for immediate workplace injury legal advice.
Employer Responsibilities and Preventing Workplace Violence
The Health and Safety at Work Act 1974 requires employers to take workplace assault prevention measures. These include:
- Routinely evaluate risks at the workplace.
- Install alarms, cameras, or any other security equipment.
- Train employees on workplace violence reporting.
- Provide trauma support to workplace assault victims.
Ignoring complaints, not looking into previous threats, or not disciplining aggressive coworkers are typical instances of employer liability in assault cases. Such carelessness can boost workplace assault compensation and support a compelling employer negligence claim.
Blackburn Case Studies
- A clinical support worker assaulted by a patient received a £5,000 compensation settlement after legal action for the employer’s failure to protect staff.
- A police officer left with a life-changing knee injury following an on-duty assault had his compensation (CICA award) increased after representation.
- A residential carer injured during an assault at work received about £15,000 in compensation after a personal injury claim.
- A care worker in Blackburn received £18,000 in workplace violence compensation after a patient attack caused ongoing anxiety and back injuries. Another retail worker earned £12,500 for psychological harm compensation and lost income.
How Cooper Hall Solicitors Can Help You Claim Compensation
Cooper Hall Solicitors are Blackburn workplace compensation experts with years of experience helping assault victims.
We provide:
- Free workplace injury legal advice.
- Help gather medical evidence for compensation claims.
- Guidance through CICA and employer liability routes.
- Maximum payout using the compensation calculator based on the UK and the Judicial College guidelines.
Choosing solicitor support for assault victims in your own area ensures better communication and understanding of local legal processes. Visit Cooper Hall Solicitors to get legal help for employees assaulted at work today.
Additional Resources For Victims of Workplace Assaults
If you need extra support for victims of workplace assault, the following organisations can help:
Remember, you’re not alone. Through appropriate claim advice on workplace assault victims, you will be able to reclaim emotionally and financially.
FAQs
Acting quickly ensures better documentation and compliance with the time limit for workplace assault claims. Delays complicate the process of gathering witness testimonies or proving the existence of liability.
Homicide is the most expensive crime in England & Wales, considering the emotional, medical, legal, and social costs involved, with an estimated unit cost per victim at approximately (around) £3.2 million. Although crimes such as rape are less costly per incident, they are significantly more abundant in non-fatal crimes.
CICA (Criminal Injuries Compensation Authority) claims typically require around 12 months to determine. However, more complex cases may require more time.
While “average payout” depends heavily on the injury and details, CICA and other criminal injuries compensation sources often show that successful claimants receive from a few thousand pounds to tens of thousands of pounds. For example, London CICA claimants recently averaged ≈ £8,091 per successful claim for violent crime.
Minor to moderate cases normally lead to settlements within £9,630 and £33,880. Severe injuries like spinal cord injuries may result in a settlement of over £100,000.
The most serious standard assault charge is “Grievous Bodily Harm (GBH) with intent” (Section 18 of the Offences Against the Person Act 1861). It involves intentional serious injury and carries a maximum penalty of life in prison