Assault at work by colleague UK claim

Levenes have settled a claim against an employer for an employee who was punched by his co-worker.

Most work injury claims we deal with are the result of an accident. We have conducted tens of thousands of cases, where clients were injured by a defective machine, hit by a forklift or in some other accidental way, they have suffered injury at work.

Not all injuries at work are accidental. Our client was working in a care home. He blew the whistle when he saw one of his co-workers mistreating a resident in the home. Having reported the incident, his manager assured him that action would be taken and that his report would remain confidential. However, the employer failed to take action against the other employee except for moving him to a different job.

What to do if a co-worker assaults you?

This employee then began behaving aggressively towards our client and then eventually, he punched him in the face. It was clear that he had found out that our client had reported him.

The employee and our client had not had any interaction out of work.

The employer denied liability. They denied any knowledge of any previous incidents, though they admitted that our client was punched.

The issue which the court would have had to decide was whether the incident was so closely connected to work that the employer should be held liable. We argued that it was but the employer said that it was not.

Thankfully, the employer agreed to settle the claim.

Our client has suffered damage to teeth and his settlement will enable him to pay for ongoing treatment.

Are claims caused by the deliberate actions of co-workers difficult to win?

Claims against employers for injuries deliberately caused by co-workers are not easy and each case needs to be assessed on its merits.

There must be a close relationship between the attack and work. If for example, the two men were supporters of rival football teams and an argument broke out at work over that, this would not have been connected with the workplace.

If a worker has a propensity to be aggressive, then employers should take action to ensure that workers behave appropriately to each other, which did not happen in this case.

Assaults by co-workers

These cases are complex and need very careful consideration. It is no part of the job to use physical violence against a fellow employee, and so the argument will be that the employer cannot be responsible for the actions of their employee who was violent.

Each case is decided on its facts and if you have been assaulted by a co-worker, Levenes will advise you if you have a claim. Additionally, you may also be entitled to make a claim for Criminal Injuries Compensation.

However it was that you came to be injured due to the actions of your co-worker, Levenes will advise you, and guide you through the process to get the best possible result for your claim.

Legal help for serious injury

Our specialised lawyers can help accident victims recover their compensation. You will need expert advice on what actions can be taken to obtain accident compensation. You can trust the experience and expertise of our team of professional serious injury solicitors to win the maximum amount you are entitled to.

Get in touch today and find out within 1 hour if you have a claim. Call us on 0800 048 2355 or request a call back now.