Can I claim injury compensation if I’m assaulted by a patient or service user?

By Ian Morris | Updated June 22nd, 2023

140 questions have been answered on this subject, why not ask your own?

Whether you support the elderly, children or vulnerable adults, work in schools, care homes, mental health or the NHS, you’ll know that things can sometimes go wrong.

We get regular enquiries from people who work in the healthcare sector after they’ve been assaulted by a patient or service user. Here, we’ll talk you through your rights, and explain when you might be entitled to make a claim for your injuries.

What counts as an injury or assault in healthcare?
Do I have a valid assault at work claim?
What should I do if I’m injured by a patient or service user?
Should I always seek medical treatment for the injury?
How much can I claim for assault?
Let us help
Comments – your questions answered

What counts as an injury or assault in healthcare?

Medical, care and support worker injuries can be sustained in a whole range of scenarios (see the comments below for an idea). This is particularly true when supporting people with behavioural problems, mental health issues, high stress levels or addiction issues.

As such, it might be that you’ve been assaulted when trying to do your job, or found yourself caught in the middle of a wider altercation. It might even be that the injury you’ve suffered is a psychological or emotional one.

The Health and Safety Executive (HSE) defines work-related violence as ‘any incident in which a person is abused, threatened or assaulted in circumstances relating to their work’. This covers all serious and unprovoked acts of physical or verbal aggression, including racist, sexist or homophobic abuse.

Do I have a valid assault at work claim?

Health and care work carries more risks than a standard office job, but that doesn’t mean injuries or assaults should be seen as unavoidable. In fact, the opposite is true.

All employers have a legal duty of care for the safety of their employees. They have a responsibility to assess any potential risks you might face, to keep you informed of them, and to take all reasonable steps to meet any required safety standards.

They also need to make sure you have the training to deal adequately with the people you’re helping. In some support work roles, this would be expected to include Management of Actual or Potential Aggression (MAPA) or Managing Violence & Aggression (MVA) training. Employers should also ensure that the individuals you’re supporting have up-to-date care plans and risk assessments, as well as informing you if they have any potential risky behavioural traits.

If your injury has been sustained as a result of a lapse in your employer’s duty of care, or due to the negligence of one of your colleagues, you could well be eligible to make a claim. If, for example, your employer was aware – or should have been aware – that an individual had a history of violence and aggression, but had neglected to inform you, this could strengthen your case.

Bear in mind too that routine work accidents also happen to support workers, just as they do to people in any other job. If you’ve been badly injured by a trip hazard, a falling object or something similar – and another party was to blame – we can advise you’re eligible for accident at work compensation.

What should I do if I’m injured by a patient or service user?

All injuries sustained, either in a regular workplace or while undertaking support work, should be reported to your employer at the earliest opportunity.

Employers should have official accident and injury books for you to fill in, but in other situations you may have to make a report independently. Try to include as much specific detail as you can, covering where, when and how the injury occurred. You should also highlight any possible areas that would show employer negligence.

Care work often involves solo, one-on-one support, so in the absence of other witnesses, making an accurate incident report can be key. If other people did witness the incident, however, it would be very useful for your claim to keep a record of their details.

If you’ve been unable to report the injury, or your employer prevented you from making an official record, don’t panic – we can help you to do so.

Remember, you have legal rights after a work injury, for example, being able to request lighter duties while you recover. So make sure you understand them.

Should I always seek medical treatment for the injury?

Absolutely. We would always recommend seeing a medical professional. If you’ve been severely hurt this goes without saying, but all other injuries should also be assessed, whether that’s by your GP, at a NHS walk-in clinic or through a registered mental health therapist. Remember that telephone or online appointments can often be arranged when it’s impossible to attend in person.

Keep a record of all treatment you receive and any medication you’re prescribed. If your case is successful, medical evidence will be one of the things that’s used to work out the compensation you’re due.

If you need any advice or help with this, please call us on 01225 430285.

How much can I claim for assault?

This will be determined by the impact the injury has had on your life. Successful personal injury claims tend to have two parts.

The general damages portion of a claim compensates you for the pain and suffering you’ve endured, and also includes loss of amenity, which covers your overall enjoyment of life.

The special damages portion looks at the impact your injury has had on your working life. In the case of a valid claim, you would likely be in a position to recover the loss of income (including future income) caused by your injuries, as well as any other expenses you’ve incurred as a result.

It’s important that you can prove these expenses, so you should always keep receipts for any taxi fares, hospital car parking, petrol costs, massage therapies, prescription costs or physio treatments.

Each incident is different, of course, but if your case is successful, our long experience in claims work means we’ll be able to ensure you receive the sum you’re fairly due.

Let us help

You’re in safe hands with Direct2Compensation. Our claims process is transparent and effective, and you’ll have the peace of mind that comes with our no-win, no-fee approach.

To find out more, or to start your claim today, call us 01225 430285. If you prefer, we can call you back. After just a few minutes on the phone, we’ll have enough information to allow our solicitors to get your claim started.

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Questions

Read on for questions and advice about claiming, plus support worker assault claim examples...

I was injured while working and I was home for 4 weeks. I was only paid the statutory sick pay without compensation.
I resumed back to work again and a client was violent and twisted my hand at the same spot again. Now I’m been asked to sit in the house without pay

If we can show that your employer failed to do all that could be expected of them to minimise the risk of you suffering an injury at work with the client in question, we will be able to recover your lost income and also compensation for the painful injury that you have suffered. Please call us on 01225430285 so that we can find out more about the incidents in which you were injured at work, advise you about your rights and whether you can pursue a No Win No Fee personal injury claim.

I was bitten badly by a dementia resident whilst trying to comfort her, her bite drew blood and bruised so I had to go to a&e to get 2 injections and also required stitches. My hand was bandaged for 4 days with my unable to use it or drive. My work do not do sick pay so I had to get lifts into work and be on light duties but it was very difficult to do so when working on a dementia ward and my hand was very painful. No risk assessment or return to work was ever carried out by my manager. On 2 days my finger was so painful I had to leave work and will not be paid for those days. One one day I had a doctors appointment to get stitches removed and for them to look at wound. I had to take the day off unpaid as my manager said ‘we don’t do sick pay’ even though I wasn’t off sick. He then said to me he was ‘doing me a favour even letting me work as I can’t do my full duties’ even though I explained to him I had no choice to work because I needed to pay my bills. I have now lost out on money where I’ve had to leave work or have the day off for a doctors appointment. Is it even worth me doing a claim or do I not stand a chance?

There is certainly a chance of succeeding with a claim for personal injury compensation in such circumstances and we are very happy to look in to this for you.

I was Assaulted At Work By A Patient in an NHS setting. This patient was found guilty in a court of law. Do I have a case? I have since left the NHS after 20 years service because of the assault & lack of after care.

The scenario you describe would indicate that you have valid grounds to pursue a claim for personal injury compensation. The main concern we have in this matter is that there is very little of your 3 year claim limitation period remaining available. Although individuals are afforded 3 years to make their claim, it is important that claims are made at the earliest possible opportunity as it can take some months to build a robust claim and when less than 6 months are available, many Solicitors are unable to pursue a claim on a No Win No Fee basis due to the increased risks of not being able to process the claim and succeed within the short time available.

Was assaulted by a service user with learning difficulties Feb this year, ear bitten through and sustained whiplash – been off work since. I had hospital treatment and now have a psychiatrist and mental health nurse. Hospital took photos. I still have bad nights due to that assault and myself mentally scarred and still attending physio…don’t know if u can help because I live in Scotland?

We are able to assist with personal injury compensation claims under Scottish legislation on a No Win No Fee basis and would be happy to have your situation looked in to. To get further help, you can either use our website form to provide further details and request a call, or you can liaise with us directly on email at justice@direct2compensation.co.uk

A service user was attacking staff. We placed him in arm restraint however his legs were not restrained and he proceeded to kick me as I was restraining his arm. He kicked me in the side of the knee. I fell to the floor and was unable to walk. I was then carried over to another patient on 1:1 and told to observe him whilst seated. I was left on 1:1 for around 20 minutes before being taken over and then I was sent straight to a&e as I was unable to walk. I was x rayed and I have split a ligament in my left leg. I am unsure if I have a claim?

We feel that it is likely that you do have a valid claim for personal injury compensation. Please provide further details so that we can investigate this potential claim for you.

If the restraining of the service user was not completed sufficiently or correctly and this allowed them to cause your injury you would have a viable claim. Likewise, if the staff on duty had not received the correct training in restraining service users or if the risks posed by the service user in question had not been adequately noted and advised to staff, you could pursue a claim.

We know your rights and can advise you further. Our specialist Solicitors are well used to acting on behalf of care and support worker staff and will be able to advise you in detail on your potential claim.

I was hit in the forehead with a walking stick by a resident with dementia, it was unprovoked and he was not known to be violent. It is only a small cut which was glued and a butterfly stitch, can I claim?

There is the potential to pursue a claim if it can be shown that there were steps that the employer could have taken to reduce the risk of this incident, but failed to do so. Our specialist Solicitors will be able to advise you about this and will gladly act if it is felt that there are reasonable prospects of succeeding.

Our Solicitors undertake a considerable amount of work for people injured by service users – people such as care workers and support workers. Although the individual service users can pose risks of unpredictable violence, employers do have a duty of care to ensure that they take every possible step to protect their staff. This includes ensuring that all staff are appropriately trained, that adequate risk assessments are undertaken and that correct staffing levels are maintained.

To enable our Solicitors to consider your claim and advise you further, please contact us – either by completing our initial website form or by calling us on 01225430285.

Hello,
I am a support worker in a low secure forensic unit. A patient with a history of violence and abuse was being antagonised by another patient and went into the lounge area(where there were other patients also). Myself and another nurse (who is half my size ) went into the lounge to see if they were ok. The patient picked up a large wooden TV cabinet and threw it at the nurse. However as he threw it I turned the nurse around to protect her and the cabinet hit the back of my neck and shoulder. They then started to punch the nurse and I blocked these trying to protect her, therefore getting punched in the head several times. The nurse attack alarms were pulled and threw all the restraint etc somehow the patient bit my arm drawing blood. As staff managed to get my arm released, I could not move my right arm and my shoulder had dropped. I was checked by the on call doctor who suspected a dislocated shoulder. I was driven to the hospital and had two x-rays with dislocated shoulder confirmed. I was given antibiotics for the bite mark and put in a sling. I have been off work for 5 weeks but my arm and shoulder are still in considerable amount of pain and a longer absence is more than likely.
Just wondered what my options were.
Thanks

Please use the form to our website to provide further details to us. Our specialist Solicitors can then advise you on the specifics of your situation.

Our specialist Solicitors have a track record of success in acting for support workers, care workers and Health Care professionals injured as a result of unpredictable and violent service users. They will be able to consider your situation and if viable, pursue a claim for you on a No Win No Fee basis.

I’m a care worker visiting elderly people in their home. I was attacked by one of my patients and had a cup thrown at my face which has smashed and left me cut and bruised. I’ve visited A&E and luckily I’m only bruised and swollen, however this has really affected my confidence and mental health. I don’t feel able to work at the moment however won’t be paid. Is there anything I can do?

Make sure that this incident is reported (in writing – such as an accident book or by email) to your employer and you should also detail the injuries both physical and psychological to your employer and your GP.

As you will appreciate, the work you undertake does involve providing services for some people who are confused, disorientated and perhaps aggressive. However, employers do have a duty of care to ensure that care workers are given the appropriate training, support and care plan information to enable them to work as safely as possible. We have Solicitors who have a proven track record of acting for care and support workers injured whilst at work and we would be happy to further investigate your potential claim.

I was assaulted by a service user in January 2020 whilst at work. I work in mental health within the NHS. The patient in question had autism and learning disabilities, but was known to be aggressive and was in long term segregation because of this.
As a result, I was left with lots of bruising and had some hair ripped out.

I was working under the staffing ratio through no fault of my own and when I attempted to claim through the RCN, I got no joy as they stated thatI was at fault for not following the care plan – even though I had no choice as we were understaffed!

The staff who I attended to the service use with were agency and were not trained to restrain. The colleague didn’t respond to the panic alarm call and the result was that I was left injured. I had 6 months off work before I went back on a phased return basis and I am now working in a different ward.

Would it be worth talking with someone? Thank you.

Not following a care plan could be a reason for an employee who was injured as a result not succeeding with a claim. However, if the care plan was impossible to follow due to reasons beyond the workers control – as in this case (insufficient staffing levels), it should be possible to provide mitigation and for a claim to be further considered.

The main concern we would have at this stage is that you appear to only have a month or two of your 3 year claim limitation period available to pursue this matter. This does make it very hard for a Solicitor to build and submit a robust claim in such a short space of time.

We do have Solicitors who can consider your claim and whether anything further can be done.

How can I claim for an injury I sustained during a restraint of a teenage resident in the home I work in?
I have been off work since January due to my injury.

We have specialist Solicitors who handle a considerable amount of claim work for support workers and support staff injured whilst trying to work with service users who demonstrate challenging behaviours. Employers in such environments need to ensure that the staff that they are placing at risk are appropriately trained, that the correct ratio of staff are available and that risk assessments and care plans are properly updated.

We can help you to pursue your claim and our specialist Solicitors will be able to act for you on a No Win No Fee basis.

I recently sustained a moderate hand sprain by a resident with dementia in the care home I work in. I have been to hospital and the sprain has been confirmed. This also happened out of the blue. This resident is not violent nor have they ever done anything like this before. I have been signed off work until June 15th.

As the individual who injured you had not previously displayed any violence or aggression, it may be hard to succeed with claim. However, if the employer has not provided you with appropriate training in handling sudden acts of violence or aggression from residents or if they hadn’t appropriately risk assessed the individual in question, you could pursue a claim for personal injury.

It would probably be sensible to have a no-obligation discussion about this with our specialist Solicitors as they will be able to identify whether or not you can pursue a claim. Our No Win No Fee service guarantees that you would face no costs should we either not pursue your claim, or if it were to fail, so you can investigate this further without worrying about legal costs.

I’m a support worker for an agency and go to different service users. I was assaulted by a service user who is well known for being physically violent to staff and for being violent to the other people he lives with along with causing damage in the house he lives in.

We strongly recommend that you make a full written report of the incident for the workplace and the agency who sent you there. It would seem that you avoided physical injury, but you may well have been left emotionally distressed and anxious. If you have needed any medical treatment for the stress and anxiety caused to you, you could potentially pursue a claim for personal injury compensation.

I work in a special needs school and I suffered a back injury after a child held onto my arm then dropped to the floor resulting in a pulled back – could I get any compensation as I only received basic statutory pay?

You can only recover lost salary if you can establish that the school/employer had been negligent and failed to prevent an avoidable injury. Clearly, in a workplace such as yours, where children may struggle to behave in a ‘normal’ way or to control themselves, there is an inherent risk of injury to the staff working there. However, employers have an obligation to minimise the risk of injury and prevent injuries where possible. In this case, we must therefore look at what training you had been provided with to see whether the employer has failed in their duty of care, or whether there was an appropriate risk assessment in place for the student in question.

I work as a HCA for NHS. I was punched in the face by a large confused male patient. I now have whiplash type injuries and I have been off for 5 weeks so far due to this as I can’t carry out normal everyday things due to severe neck pain and lack of neck mobility. Can I Claim?

There are two potential routes through which you may be able to claim personal injury compensation.

Firstly, you may be able to pursue a claim against your employers insurance if it can be shown that they could have prevented you suffering injury. Clearly, the patient in question was confused, but if the employer knew, or should have known that he posed a risk of violence and failed to act to warn you or colleagues, or if a more senior qualified colleague or someone with training to deal with patients of this type should have been assigned to work with them, you could establish a breach of duty on the part of the employer and pursue a claim.

Secondly, if there is no way of establishing any breach of duty on the part of the employer, you could make a claim for criminal injuries compensation through the criminal injuries compensation authority (CICA) scheme for the victims of criminal assaults. To qualify for this statutory scheme, a claimant MUST have reported their attack to the Police and provided supporting statements if required to do so. The claimant must also have sought appropriate medical attention.

I was assaulted at work by someone I was caring for. The assault happened twice, and the first time it busted my lip. During my time at this work place, proper procedures weren’t followed whilst I was looking after the service user. Staff members were routinely breaking all types of protocols. They seemed to get away with it as they’d been there for years and I was new. I think the accident could have been avoided had the proper protocols been followed.

This assault has affected me mentally, I was already suffering with acute depression and anxiety but I have now had to leave the job after the assault which has made things worse.

Am I able to claim?

You may well be able to make a claim for personal injury compensation. Your belief that the incident could have been avoided if the employer had ensured that all staff followed correct procedure and practice protocols indicates that the employer may have been negligent. Our specialist Solicitors have successfully assisted numerous care and support staff injured as a result of employer negligence and a failure to follow the correct procedures and they will be able to consider your claim enquiry in detail before pursuing the matter for you on a No Win No Fee basis.

I work in a dementia unit with some residents can be violent and aggressive, I was hit in the face by a resident causing a black eye, nose bleed and permanent eye damage, we have had no MVA training, could I claim please?

All employers have a duty of care to ensure that their staff can work as safely as possible, with the risk of injuries at work minimised. Whether you work in a low risk job like an office or in a more high risk workplace like a construction site, all employers have the same obligations. The work that you do clearly carries inherent risks given the unpredictable nature of the residents who can be confused, aggressive and violent. With this in mind, the fact that your employer has not provided you with the appropriate training is a clear case of employer negligence and you can certainly make a claim with us.

We’ll help you on a No Win No Fee basis to recover compensation for your injury and any other costs and losses such as income or medical fees. Along with compensation for the more minor physical injuries, our specialist Solicitors would ensure that an appropriately qualified and acknowledged medical expert is instructed to provide a detailed report of the eye injury you sustained, if any treatments may improve this for you. They’ll also look at the impact on your mental health and psychological well-being (such as anxiety or a loss of confidence) caused by the attack and this will help our Solicitors to ensure that your settlement is maximised and that you are correctly compensated for the impact that such an injury will have on you.

I was injured at work when a patient attacked. I’m an NHS employee. I tore my ACL, sprained my PCL, tore my miniscus and have lost cartilage in my knee. I was off for six months. I did receive pay while off. However my Orthopaedist said that even though I was showing signs of arthritis in the knee that was starting to cause an issue, this accident caused all cartilage to disappear. It speeded up the process by ten to fifteen years. I will now need a knee replacement that we are trying to hold off fifteen years. Also the NHS did not follow the phased work plan to return agreed upon. I have lost the ability to do things I enjoy and will effectively lose fifteen years of mobility. Can I seek compensation even though still employed? This incident was in March 2021. Thank you

If you have not already started a claim for compensation, you can do so now. Personal Injury Compensation claimants have 3 years to pursue a claim, so your limitation period won’t expire until March 2024.

I was assulted as a support worker by an electric wheelchair user who damaged my lower back, it was a deliberate act and Police were called. This person has a history of violence and it has all been documented no risk asessments were in place.

Our specialist Solicitors will advise you as to your rights and options to pursue a claim for personal injury compensation.

Hi I am a support worker and have been hit, kicked, punched, verbally abused, ended up with a swollen wrist and pain shooting up arm and neck. I didn’t seek medical advice I just took pain killers and put a support bandage on. This has been going on for six months, incident reports and abcd reports and witnesses reports have all been done but now can not be found. I’m a lone worker nights and get no support. Since this i got told by a manager that it’s a part of the job and maybe support worker job is not for me, it says user has challenging behaviours but no training was given until last week, where can I go from here? thank you

Although the nature of the work you were undertaking does pose some risks to safety that are hard to mitigate (unpredictable and uncontrolled behaviours etc), the employer does have a duty of care to ensure that staff are afforded the appropriate training, assistance and guidance to ensure that they can work as safely as possible. In this case, you mention that you were not given the appropriate training until you had already been injured and you also mention a lack of support from the employer. As such, this matter certainly warrants further investigation and consideration by our specialist Solicitors. Our No Win No Fee service affords you the opportunity to make further enquiries without the worry of costs.

I got injured at work about two years ago, the patient broke my finger nail and there was bleeding. Also the patient destroyed my laptop. Can I claim compensation for this?

If the employer failed to ensure that they had done all that could reasonably be expected of them to reduce or prevent the risk of injury at work, you can pursue a claim for your injury and lost/damaged equipment on the basis of employer negligence.

Patient in hospital threw gown over my head and strangled me. I have a fracture in my hand. It happened when I tried to free myself. I not got any support from the hospital.

Our staff will be able to help you to understand your rights as you were injured at work and will be able to ascertain whether or not you can pursue a claim for personal injury compensation for the injury to your hand and any associated losses or costs you may have incurred.

Hi i’ve been assaulted at work and the individual i was supporting stabbed the back of my head with a regular knife which has left an open wound. He then went in to headbut me in my nose which has caused swelling, am i entitled to claim?

Our Solicitors have previously and are currently representing clients in claims of an identical nature to the one you describe. Sadly, support workers, care staff and NHS professionals often face aggression whilst fulfilling their duties and whilst the work does carry some inherent risks, employers are obliged to ensure that the risks of staff being injured at work are minimised.

I was recently attacked at work whilst undertaking my duties as a support worker. A service user with a history of assaulting staff threw hot water in my face and struck me with a tin resulting in an injury very close to my right eye. Coming very close to potential impairment of sight or worse has caused me considerable psychological stress and my GP was kind enough to sign me off sick for approximately six weeks. On my return to work I was placed with another service user whom I subsequently discovered also has a history of assaulting staff and on my second shift he ripped the headrest off the car we were travelling in. Management then decided to relocate me again but I am now being placed on stage 1 sickness. I would like to know if I can claim compensation as I consider their actions to be negligent, (as far as I know the first service user is still allowed unsupervised access to a kettle despite these multiple incidents)

It would certainly appear that you have valid grounds to pursue a claim on the basis of employer negligence.

Please visit the start your claim page of our website to provide both your contact details and a summary of the incident mentioned here. We’ll then call you to discuss the matter further and make arrangements for one of our specialist Solicitors to assist you on a No Win No Fee basis.

Hi, I work in a low secure forensic unit. I was in restraint with a patient who was struggling, but was not behaving actively aggressively towards the staff, and I felt agonising pain in my left wrist. When the pain began I pulled my emergency alarm but for 30 minutes not a single member of staff responded and I was left in the restraint in pain and even cried in front of the psychiatric patients. Day & night staff were in the unit during this time. However, when I got out of the restraint, it turns out I sustained a fracture to my left wrist. Am I entitled to anything?

It would appear that you may well have valid grounds to pursue a claim for compensation and we would like our Solicitors to consider this matter for you.

If you haven’t already done so, make sure that there is a written record of the incident with the employer stating what happened and how you were injured as this will provide important evidence to support your claim.

Hi
Last February 2020 I was sexually assaulted by a patient on the acute assessment mental health ward where I worked as a housekeeper. I reported the incident to the nurse in charge who filled out an incident form and told me to report it to the police – which I did. I was really shaken up by what had happened and I got no support whatsoever and the patient was left on the ward. I didn’t feel safe on the ward anymore and it affected my confidence and my own mental health and I was off with anxiety for around 3 and a half months.

I contacted health and well-being who were very supportive and I also contacted unison but got no support whatsoever. I was left feeling helpless and very upset by the lack of support I received and I lost so much money during the time I was off. It caused me great distress. I would like to know if it is still possible to claim compensation against my trust ?

We would like to help you to investigate the options to recover compensation for the mental anguish caused to you and the loss of income you sustained as a result of this awful incident at your place of work.

We offer a No Win No Fee service, so allowing our specialist Solicitors to consider your situation and advising you as to what can be done will not present any financial risk to you. If you would like further help, please provide more information on the ‘start your claim‘ page of our website and we’ll be in touch so that your rights can be upheld.

Hi there I work in a care home and care for people with learning disabilities, I was asked by my team leader to assist a service user which I did, but he attacked me and this was before I had completed my training.

I have now been off work for 6 months as I have nerve damage in my neck which effects my whole left arm and hand. Everyday life can be a struggle some days and the simplest of tasks can be hard. Also after the incident, the parent of the individual who attacked me told me that he didn’t like people with blonde hair and this was not in his care plan.

Given the incident you describe and the two key issues – that you had not been fully trained and that important safeguarding information was not included within the care plan – my view is that you have a valid claim that should be started as soon as possible.

If you have not already got a Solicitor acting for you to recover compensation for your injuries and the loss of income, please call us on 01225430285 or use the ‘start your claim‘ form on our website so that we can help you.

hi I’m a health care worker working in mental health, while escorting a patient to the shop he shoved me into an on coming car, all the witness evidence went missing 2 weeks after the incident. I was not given any support or allowed to have time off and was treated unfairly. They would not allow me to report it to the police and the incident form was done before i got chance to do it myself. Now the hospital has admitted neglect, where do i stand regarding a fair pay-out?

Your injuries were caused as a result of a criminal act, albeit an act by someone suffering a mental health crisis. As a result, your only route to compensation would be by way of the Criminal Injuries Compensation Authority scheme. However, to be able to make a claim to this scheme you will need to have reported the assault to the Police.

Hi,
I have recently sustained an eye injury, as a result of a punch that came from a patient, while I was on shift. I work at a mental health hospital for children and adolescent within NHS. Am I eligible for any financial compensation?

We have specialist Solicitors who have acted for numerous Health Care professionals, support and care workers who have been injured in a similar way to that in which you have been injured.

We would be more than happy to investigate the specifics around your injury at work and if possible, pursue a claim for compensation for you.

I’m an agency worker. I went to one place had hand over but did not mentioned he bites. I was bitten on my ring finger and little finger badly. When this happened she was laughing and saying he bit the other agency yesterday but did not tell me till it happened. To cut it short next day I went to hospital and ended up staying in for four days on iv drip and surgery as I was septic.

It would appear that you have valid grounds to pursue a claim on the basis of inadequate handover and failure of the employer to provide necessary risk information to you.

I was kicked in my lower back unexpectedly by a patient awaiting a mental health act. I was taking bloods from another patient at the time. Later in the shift i had to be booked in and xrayed. I have an extensive medical history with my back including multiple slipped disks in the area that was kicked. I was told the sudden jolt in a slightly twisted position caused a sprain in my lower back. I have had to cancel 2 overtime shifts, so now lost out on money and still in agony. Do i take this further even if this is a mental health patient

Although the person who caused your injury would be deemed to be of diminished responsibility due to their mental health situation, you may still have a claim. It will depend on whether the employer followed correct procedures in risk assessments and care plans for the individual and whether they adequately assessed the risks posed to you and your colleagues on the day.

Our specialist Solicitors can certainly consider this for you and advise you as to whether or not any further action can be taken.

I work in a hospital. I was strangled by a patient and hurt. Its caused me emotional damage. Am i in any way entitled to a claim?

If you have not been properly trained to work with aggressive or dangerous patients or if the employer failed to make you aware of the risks posed by the patient who assaulted you, you can make a claim for compensation.

Our specialist Solicitors would be more than happy to discuss this matter with you in an effort to identify whether a claim for psychological injury and physical injury compensation can be made.

I work as support worker and fractured my ankle falling down steps at the front door when exiting the house, the steps were in a state of disrepair, can i claim compensation from my employer?

It may be possible to claim from the employer – if they knew that the steps were disrepaired and had failed to take any action. Alternatively, you could make a claim against the property owners.

I was attacked by a student at my workplace, I was thrown to the ground and damaged my back and this student is known to be aggressive, however myself, who has no restraint training was placed to be alongside this student in lessons. Subsequently I was injured and I’m not sure if this is my fault.

Your employer has been negligent in placing you in a position of risk, without having mitigated (so far as possible) the risks of injury – namely the failure to provide you with the appropriate and needed restraint training.

We feel you have a valid claim for compensation and would like to help you. You can call us on 01225430285.

I was headbutted by an autistic child (I was his 1:1 at the time)at work this has resulted in being diagnosed with PTSD I now suffer with flashbacks,anxiety,nightmares, struggles within changes in my job role. I was taken to hospital with damage to my face , bruising and swelling .Contacted solicitor through my union but my claim has been refused.

As you will appreciate, the work that you do – and the nature of the vulnerable children with whom you work – does pose some inherent risks of unpredictable behaviour and even aggression. That said, employers do have a duty of care to ensure that the risk of injury or assault is minimised so far as possible.

Therefore, in the scenario you describe, we need to look at whether the employer could or should have done more to protect you from the injuries you have sustained. Did they have an up to date and correctly researched risk assessment in place for this child? Was the correct care plan in place? Were you correctly trained and experienced in dealing with such children? Were the correct safety measures (staffing etc) in place?

I am a support worker at a mental health home. I was assaulted on the 16th october causing injury by a mental health client. I am still off sick due to myself suffering mental health problems. My manager has given me no support.

If your employer has failed to ensure that all appropriate safeguards are in place to allow you to work as safely as possible, you could pursue a claim against them for the injuries (both physical and emotional) that you have sustained.

Clearly, working with mental health patients does pose some risk and it is impossible for an employer to 100% guarantee safety, but they do have a duty of care to ensure that they have done all that they could be expected to to protect you and colleagues from injury. With this in mind, we would be keen to know more about the risk assessments in place for this individual, the care plan that they are covered by, what training you have had and whether the correct staffing levels and policies were in place at the time of the incident.

I am a support worker and whilst on shift I slipped in the wet room at work injuring my back can i make a claim?

As the room is a wet room, it would be expected to be wet and potentially slippery. However, there may be a valid claim and we would like to speak with you to find out more about the wet room and whether the employer has taken appropriate steps to minimise the risk of injury within the wet room, such as whether there is non-slip flooring installed or if matting or signage is in situ?

I work as a health care assistant for the NHS, my ward got closed and me and all of our other staff members have been moved around continuously to other wards and other specialties. Whilst working one day I was putting mittens on a patient who had a dolls in place because she kept taking off the oxygen mask. She became very agitated and aggressive with me. She pinched all of my arm drawing blood whilst I got one mitten on. (These pinches have now left me with scares on my arm).The patient then proceeded to punch me in my stomach which caused me to loose my balance and made me become side ways on to her where she then kicked my knee side ways on. This resulted in my knee becoming dislocated. I reported it to the nurse in charge but was unaware I had dislocated my knee at the time. At no point did the nurse in charge tell me to go to a&e to have it checked out and so I remained and continued to work for the remainder of my shift (8 hours). I finally went to a&e after 3 days as I thought I’d just badly bruised my knee but they believe that my knee was dislocated. I have been off work now for a month and am not expected to be back in work for another month. I currently have to use crutches and a hinged leg brace to support my knee and move around. Because of this incident I had to cancel my driving test and it has put many plans on hold. Do you think it is worth me making a claim for compensation as I have missed out on a lot of pay and driving test.

If the employer had failed to make you aware of the risks posed by caring for the patient who assaulted you, you could pursue a claim against them for the injuries sustained. Also, if you were not trained specifically in the handling of patients with aggressive or violent tendencies, a claim can proceed.

I work at a care home for dementia residents with challenging behaviour.
Yesterday I was appointed to take a fairly new resident to hospital for an MRI scan on my own .
This resident is known to grab and bend fingers back and twist arms around. He is also extremely unsteady on his feet ,so is unable to walk safely. He is also known for trying to put himself on the floor.
Whilst in the waiting room this resident was in a wheelchair and kept trying to get up and also to throw himself on the floor of the waiting room. I had to stand Infront of him to stop him from trying to stand up and walk which would have resulted in him having a fall as I was on my own.
For three hours I stood Infront of him and as a result I was punched , kicked, scratched and head butted. He continually grabbed my wrists and twisted them completely around, so much so that I had to turn my whole body around otherwise he would have broken my arm or wrist.
There were countless people that witnessed this and stopped to see if I was alright.
Finally the paramedics arrived and said to me ” it looks like we’ve arrived just in time” as they looked at my arms that were bright red and with blood from the resident digging his finger nails into my left wrist.
I am in pain with both arms, shoulders and elbow from having my arms twisted for such a long period of time. My left wrist is extremely painful not only from the digging in of the residents finger nails but also from it being twisted around to the point of almost snapping .
Resident had risk assessment in place for one carer to attend hospital visits, when it was known how difficult he could be.
The Wife of the resident was contacted on our return, and was told of her husband’s behaviour towards me. She was stunned that her husband had been expected to undergo an MRI scan, when she is fully aware that there was no way her husband could be expected to lie still for 20 mins. She is reported to have said that she wasn’t surprised that her husband had lashed out in such a way towards me because of his ongoing behaviour.
Incident form filled in and photos taken independently by the senior carer on shift.
Do you think I may have a claim?

This is certainly a matter that should be considered in detail by our specialist Solicitors as you could well have a valid claim for compensation. We would be more than happy to help you further investigate the possibility of pursuing a claim for compensation.

My son works at a head injury rehabilitation unit and whilst attending a patient with another colleague my son was punched in the face this was two days ago. This patient is due to be sectioned and on his behaviour form has had 12 incidents recorded of previous aggression. My son bit his own lip as he was punched and the next morning was in pain in his neck. He went to work and none of his own management team asked how he was, in the end he went to see the in house nurse she was unsympathetic and told him if he was in pain to ring his own doctor so he did it immediately, his doctor told him to go to the walk in centre for minor injuries, once there they said it’s sore muscles, tendons etc but then looked at his back and could see swelling in the trapezium muscle which had been caused by the movements upon being hit, she said that is 4 to 6 weeks recovery with exercises. He is getting a doctors note for the next two weeks off as after that he had already got two weeks holiday booked. The main thing is he’s had no proper training to deal with aggressive patients and there was no care provided in the form of verbally discussing with him what had happened when he arrived for work the next day. Does he have cause for a compensation claim against his employers, he has informed the police of the attack so he has a crime reference number

Given the lack of training your son has been given regarding the correct way to handle aggressive patients or how to calm such patients, there is certainly scope to consider a claim against his employers on the grounds of negligence and we would like to assist him with this. There is also the potential fall back of a claim via the Criminal Injuries Compensation Authority (CICA) scheme, so this is certainly a matter that should be further investigated.

i worked for a private company and i was stabbed in the side of my face by one of my client and at the moment my lawyers have requested the company insurance however i believe the company dont have insurance.
i was stabbed with an 11 inch knife and punched 4 times by my client who i was supporting. i was working as an outreach mental health support worker. there was no risk assessment done on the client and no information disclosed. i am suing my company for negligence.

As the employer had failed to carry out any risk assessment and you had not been properly made aware of the risks you faced in the work you were tasked with, you have every right to pursue a claim against the employer on the grounds of employer negligence.

If the employer is found to have no insurance, you may still be able to pursue a claim against the company directly and your Solicitor should be able to advise you on that.

You may also consider pursuing a claim via the Criminal Injuries Compensation Authority (CICA) scheme if your claim against the employers becomes unviable. Again, speak with your Solicitor about this.

I work in supported living with vulnerable adults. One client had learning disabilities and late stage dementia. they are known for attacking staff and i have been attacked multiple times while working. Recently i was scratched very hard on the inside of my forearm and it has left scarring. This is making me very insecure as the scar looks like self harm scars. Would i be able to do anything about this? it is effecting me psychologically.

There is certainly the potential to pursue a claim against an employer for the kind of situation you describe. Our specialist Solicitors can discuss this with you and advise if the employer has failed in their statutory obligations to ensure (so far as possible) that your working environment is safe and that the risks of injury in the workplace are limited.

I work in adult care and just 2 weeks ago I had to restrain a client who isn’t known to be violent but that day he showed violence and aggression which lead to myself and another member restraining the individual. He slipped as a result of this I landed on my finger, with the clients weight and another staff members weight. We are not suppose to be using physical strains of any but in this case we had to. Can you advice me if I can compensate for anything?

If your employer has not provided you with the appropriate resources, training, guidance or support to minimise the risk of injury, you can pursue a claim for compensation if you then sustain injury as a result. Based on your initial description, my view is that you could well have a valid claim and that this is a matter we should investigate for you.

I was injured in a children’s residential care home by a young person. I sustained concussion and had to be off work for 2 of my working days to recover. The injury occurred while two staff where attempting a restraint and the young person viciously attacked me by punching me to the head with a weapon. I have not been paid by my employer for these two days. Do I have a claim?

Please call us on 01225432085 so that we can further discuss this with you. There is certainly a potential to pursue a claim and our specialist Solicitors will be able to advise you further and consider what action can be taken.

I am a support worker. I received two workplace injuries at the same establishment, at different times. I was signed off with the first injury to receive physio until I was given the go ahead to go back to my job with a few stipulations. A risk assessment was put in place, detailing what I am not allowed to do and who I am not allowed to work with ie, agency staff, inexperienced staff, or pregnant women. I have, however, due to staff shortages, constantly having to break all of these rules. I have since received another injury because of having to work with an inexperienced member of staff. I need to know a) what kind of trouble, if any, I may get into should a person in my care get hurt whilst breaking these risk assessment rules, and b) can i ask for compensation for these injuries? Thank you

As to what kind of personal trouble you could face should someone in your care sustain injury due to employer negligence, that is a matter you must address with your regulator and relevant authorities.

In terms of a claim for personal injury compensation, if you have suffered an injury due to the employer failing to work within the guidance set out in a risk assessment and therefore acted negligently towards your health and safety, you certainly have a right to make a claim for personal injury compensation.

I was assaulted by a patient I work with in a private mental health establishment. Whilst my injury was nothing major, (full on punch to the nose, swollen nose and upper lip, small bruising to nostril) it ruined my days off following the incident. I had a headache for the whole weekend, what can I do?

If your employer has provided the correct training, you are appropriately qualified and skilled to perform the work and the risks posed by this patient were something you had been made aware of/or a risk assessment had noted, there is very little that you can do.

However, if the employer has failed to provide you with warning, training or the correct support to minimise the risk of injury, you could pursue a claim for the injuries and distress caused to you.

I got bitten by a un-diagnosed mental health patient last year. I have been left with 2 scars on my arm & anxiety.
I have a good working environment & the workplace did offer me counselling but i have been waiting since.

Have you chased the employer up for the counselling therapy? If you have and nothing is happening, you could consider making a claim for compensation against the employer that would (if successful) open the possibility of accessing therapy at their expense.

I am working in a care home. On the 15th a service user that was admitted there 4 days beforehand punched me. I lost consciousness for a few seconds, lost 1 tooth and I had cuts on my lips outside and inside. The paramedics came took me to the hospital where they stitched my lips inside & outside. The following morning I went to the dentist because all my front dentures were loose and during the treatment I lost another tooth and probably according to the dentist I could lost 4 top teeth and 4 lower teeth.

When the service user came, there were no risk assessments in place. I have not done my NAPI training yet. I just came from shift at 20:00hrs and they introduced him to me saying that I would be working 1:1 with him. I asked about him they told me that he had a brain injury and came from another the home. The man was verbally aggressive and swore most of the time. 4 days later he knocked me down when I helped him to go to the garden for a cigarette in front of the nurse and the team leader. What can I do?

We assume that the details of the incident have been reported and recorded within the employers accident book? If not, you should ensure that such a report is made.

We would be happy to assist you in making a claim for compensation in this matter.

I was injured at work. I work in a hospital on a dementia ward. One of my patients attacked me and left me with a severely swollen wrist. I could not work for a few days and because I was not getting paid I had to go back to work even though the pain is still there. The patient that attacked me was know to be aggressive and had a dols in place. He was meant to have 1 to 1 at all times. It is my understanding that only experience mental health nurses carry that job. However I was send to do it instead and I have no training in dealing with aggressive patients. I got injured in the process and nothing was done. I might be wrong and maybe looking after aggressive patients without training is part of my duties and if that is the case then I apologise for wasting your time.

The lack of training for the specific work and risks that you were tasked with facing by your employer is relevant and you may have a valid claim.

If you would like to discuss this matter with one of our specialist Solicitors and seek some qualified advice as to whether or not the scenario you describe would enable you to make a claim against the employer, we would be happy to discuss it further.

I was hit by a resident and I have broken my nose. The hospital said as I have had a broken nose before they can’t fix the Cartilage and my only option is to get a 7000 nose reconstruction. I work in a residential care home. I have recorded it in the accident book but my employer hasn’t even asked how I am.

In the environment in which you work, where vulnerable, confused and unwell residents require care, there is a risk of violence or sudden aggression from the residents to the staff members working to care for them.

As such, employers in this setting need to ensure that staff members are correctly trained and that each residents risks are understood and that staff are warned if certain residents are known to present a higher risk of aggression or violence. In your case, your employer may have breached their obligations towards your safety at work and given the severity of your injury and the potential costs you would face to have the medical treatment you would like, it would seem reasonable and fair to attempt to pursue a claim and place the onus on the employer to prove that they have not been negligent.

We would be happy to assist you in finding out whether or not you can succeed with a claim. If successful, along with compensation for the pain and discomfort of the injury, you may also be able to recover the costs for the medical treatment you wish to undergo. If you would like to take this further, use our call back function so that our team can contact you to discuss this further.

I work in a care home and was physically abused by a resident with Dementia. I was smacked on the right side of my face 2 days ago and got all bruising on right eye and a cut bought blood from the impact from a plastic jug. Accident and violent incident form filled in, do I have a case?

We would be happy to present your claim to our specialist Solicitors for consideration. The Solicitors would then discuss the nature of your work, your training and talk about whether or not the resident who assaulted you was a known danger etc and then advise you as to whether or not your claim could proceed further.

I’m a theatre nurse and work in theatres at the hospital. I have been assaulted by a patient in recovery who was under anaesthetic who grabbed my right wrist fingers and arm twisted it and manipulated it all the way back twice. I have been off from work for a year my managers have only now been in touch in regards to having a meeting with HR. I have not received any support in regards to my injury 2 weeks after the injury i had gone back to work anf my arm started to swell and become extremely painful i had gone to see the matron and she had no idea about the incident. No support or advice given about what I need to do, they have put me on sick pay and now I don’t get pay from this month. I had been to a occupational review and the person highlighted that I should not be on sick pay but I have been injured at work.

Given the severity of your injury and the length of time that you have been away from work, your employer would be within their rights to stop paying you and place you on to ‘statutory sick pay’ (SSP) if you qualify for it.

Regardless of whether or not you are off work through an injury at work or for any other reason, UK law does not oblige an employer to pay you your usual salary whilst you are off. In this respect, the fact that you work for the NHS is a good thing as they do offer staff a lengthy period of sick pay, whereas many people receive zero pay from the date that they are unable to work.

In your situation, have you considered making a claim for compensation? We are not yet certain as to which way a claim would go if you were to make one, but we do feel that you are within your rights to pursue such action and we would be happy to help you. Please do contact us for more help.

A resident in a care home punched out my tooth, what steps can I take?

Was the incident reported to your employer and an accident book entry completed?

I work as a support worker and was hit over the head by a resident. At the time I was offered to go home by the nurse in charge but as I felt ok apart from a sore neck decided to stay. Later on I my neck became worse but I also began to get shooting pains to the side of my head and began to go dizzy and blurry vision. I asked to go home so that I could visit the hospital but was told no due to low staffing numbers. Because of this an emergency ambulance took me to hospital where I was told I had mild concussion and a sprained neck. My work also docked my wages for leaving early. The following week my neck was still sore. It due to already loosing pay I had no choice but to attend work. Would I have a claim at all? Thanks

The scenario you describe is certainly something for which you can pursue a claim for compensation against your employer. Your claim will succeed if we can show that the employer hadn’t adequately risk assessed the resident that you were working with or advised you appropriately of the risks that they present. If you succeeded with your claim, you would also be able to recover any lost income relevant to this incident.

Hi my other half works in a hospital for adults with mental health, autism, personality disorder and learning difficulties. She gets attacked and beaten 2-3 times a week. About 2 months ago she was attacked by a patient and was left with 2 nasty cuts on her chest, about 6cm long going from bottom of her neck towards her stomach. Anyway in the hospital the staff need to use a fob to open doors. She and 3 other members of staff were being chased by a patient who wanted to attack the first person he got his hands on. My other half was first to the door and fobbed it open, she then held the door open for the other 3 staff members to get out and once they did she closed the door. Turns out she had been fobbing her way through this door all day that the fob system had been broke for this one door since the night before which she knew nothing about so the door would just open with a push. Anyway when she shut the door when all staff were out she stood there for a second to catch her breath when the patient opened the door and caught her by surprise, he grabbed her and dug his nails into her chest leaving 2 very deep and nasty cuts on her chest. She was in so much pain from it. It has now left 2 huge scars on her chest and is scarred for life. She is very conscious about it and will not wear a top that shows below her neck. She’s sure she’s not entitled to a claim for it while I’m certain she is as the door should have been fixed that day and all members of staff told it was broke. Any advice on this would be greatly appreciated. Thank you.

In the environment in which your partner works, the need for secure doors is obvious. Such doors protect both staff members and patients. As the employer was on notice that the security fob on the door in question was not working, a repair should have been an urgent priority and whilst it was not working ALL staff should have been put on notice of the issue in order that they could make themselves as safe as possible.

In your partners case, my initial view is that the criteria needed to make a claim for compensation have been met and for them to make a claim is a valid and reasonable next step. We would be very happy to help your partner further investigate her claim and would like to have our specialist Solicitors consider the merits of further action for her. We work on a No Win No Fee basis, so there is no risk of cost should the claim fail. Making a claim does not impact on her rights to continue working in the same job and if successful, she would recover compensation for the injuries, with the settlement value taking in to account any scarring and the impact of that on her well-being and day-to-day life.

Great, Thank you very much. I will speak to her tonight when she is home from work. Thanks again.

No problem, we’re here to help people understand their rights after being injured. If we can help your partner, we’d be delighted.

i was elbowed in september 2017 by a service user i was looking after that day, he just out of the blue elbowed me in the mouth loosening a front tooth which needed removing, also loosened most of my other upper teeth, the other teeth are now going to be extracted.
i no longer work there i left almost immediately after only 3 weeks service.
i did not wish to work with challenging clients and i had not had challenging behaviour training anyway so would not expect that behaviour. i found out afterwards that he was violent quite often so therefore ought to have been given the necessary training.

You describe a possible episode of employer negligence in the lack of training you had received and no warning of the risk to your health and safety.

We would be happy to further investigate this matter for you.

As a bank worker I picked up a night shift, it was me and another bank worker as the only health cares there, should have been at least 4. I was warned about an aggressive man on the ward that I would need to 1-1, previously this man had got out and was hard to control, I requested if there was a man available to look after him as there was another comment made that he is calmer with men. A charge nurse made a comment of “why should a man be hit instead of a woman” I had to 1:1 him regardless. He repeatedly hit me until he calmed down for a little while, he then strangled me out the blue. I was told to have 10 minutes, at this time i was told he had actually strangled another woman before me. Security was called and the charge nurse came up to the ward I went down to a+e where I was told the patient hyper extended my neck giving me whiplash. I had to take a month off from work due to stress anxiety and pain. Do I have a claim?

There is certainly reasonable grounds to pursue a claim against your employer and they will have to show that they have taken every possible precaution to protect you and minimise the risk of such an incident.

I am a prison officer in the course of my duties I was injured helping to restrain a prisoner who had become violent attacking other members of staff.

Any employee who is injured in an accident at work has a legal right to make a claim for compensation if they believe that their employer has failed to uphold their obligations to Health & Safety and prevent an accident that would otherwise have been avoidable.

I was not offered first aid after being assaulted at work, instead two hours later took myself to hospital for treatment where I got a stitch in my lip, do I have a claim?

The lack of first aid is bad practice, but not negligent and in and of itself, so not something you could claim for. You may however, have a claim for criminal injuries as a result of the assault – but only if the matter was reported to the Police and you then provided statements and full cooperation to the Police.

I was involved in an accident at work last year. This involved me nearly drowning due to me working with a child with special needs who panicked and wrapped his arm around my neck. 4 people had to come in and remove his arm from around my neck. I had never worked with this boy before and feel that the risk assessment was not up to date and therefore I was put in a very difficult situation. This has caused me to has numerous medical appointments and i now suffer from anxiety and depression.

If the risk assessment was not accurate and in date, your employer could be held liable. The issue you would have is proving causation – that is to prove that the anxiety and depression was 100% attributable to the incident at work.

I am an additional learning support teaching assistant. I had my nose broken by one of the pupils. It was an accident. It was not an assault. However, I had to attend A&E that day and my employer docked my pay. My septum has now moved to the left and I can’t breathe through my right nostril. I was told by ENT that I can have an operation to put this right but I’m afraid to do this as they will dock my pay again. I already work 2 jobs I can’t afford to lose pay I’ve no fault of my own.

If the injury was caused by nothing more than an unfortunate accident, there is very little you can do. However, it could be that the employer hasn’t conducted the correct risk assessments or that you were not made aware or trained properly in the risk that the child you were working with would present. If so, you may have grounds to make a claim for compensation.

I was working as a support worker with a young adult (17 years old) with autism. He attacked me quite severely, leaving me with concussion, whiplash, head injuries etc. I attended Hospital but this incident has left me with anxiety, sleepless nights and I’m suffering from this trauma.

Did your employer ensure that the risks posed by this particular person had been correctly assessed? The employer has a requirement to (so far as practially possible) risk assess such situations and also ensure that the appropriate training, equipment and support is in place to minimise the risks of injury or damage.

In this case, you have clearly suffered a traumatic injury and the psychological trauma you cite is completely understandable. I would strongly recommend that you ensure that all of your phsyical and emotional injuries are noted and discussed with your Doctor and that a full report in to the incident is logged with your employers.

We have certainly succeeded in assisting people in very similar circumstances in claiming compensation and you may well also qualify. Of course, it depends on what steps your employer had taken to make such incidents not happen but we would be very happy to help you pursue a claim in this circumstance.

My son has sustained a Scaphoid fracture to his right wrist, whilst attempting to hold and restrain an aggressive/violent patient whom is detained under the mental health act. He of course is suitably qualified in proven control and restraint techniques by M.A.Y.B.O and has handled many similar situations previous to this incident without sustaining harm or injury. However on this particular occasion himself and another male provided by an “agency” were to nurse the patient 2:1 for the duration of a night shift.
Unfortunately unbeknown to my son, the agency care worker WAS NOT suitably trained/qualified in managing such violence and aggression and upon said incident occuring, instead of providing support and back up, he merely stood back in shock. Meaning, that until a third member of staff was on scene, my son was single handedly attempting to deal with the situation. Upon arrival of third staff member (alarm alerted response nurse) the patient turned his attack to her, she then obviously aware of agency workers lack of training, grabbed him and shielding with her body removed him and herself from the room, closing the door and momentarily left my son alone in the room with said patient. Upon her re-entering the room, she and my son took said patient to the floor but due to patients extreme resistance and an obvious lack of trained help to support this technique, my son sustained his injury.
Work have confirmed 6 weeks full pay is about the most he will receive, following which only Statutory Sick pay.
Furthermore he is bang in the middle of learning to drive and also has a fishing holiday booked up commencing in 10 days time. Both of which will be adversely affected by the wrist injury sustained.
Can you please advise?

The fact that the employer has allowed an unqualified or untrained person to work with your Son without advising him of a possible issue could be seen as employer negligence. Whether or not your Son has a valid claim for work accident compensation will depend on the fine details of the incident and whether it was the lack of training on the part of your Son’s colleague that directly lead to his injury. However, my initial view is that there is sufficient in your description of the incident to warrant pursuing a claim for compensation against the employers for the injuries sustained in this incident. Employers have a duty of care to ensure that no staff are placed at an undue risk of injury and in failing to provide correctly trained staff, there is an argument that the employer has failed in their duty here. If successful with his claim, your Son could also recover any lost income he may incur as well as any costs he faces as a result of the injury.

If he would like to take this further, he should call us on 01225430285 or use our ‘start your claim’ page so that we can get the claims process started.

I worked at a retirement living complex. One of the elderly residents tried to assault me, but I managed to jump out of the way. Unfortunately, my hip started locking and I saw the doctor and also a physio as I could not walk properly. After a week or so, all seemed well but with just a bit of occasional limping. The physio warned me that I might have sustained a serious injury to my hip and the limping might get worse and lead to long term damage. It is now 6 months later and I am having really bad problems with my hip and will now have to see the doctor again.

The resident has dementia and can be very aggressive. There were no risk assessments in place or training regarding residents mental or health conditions or how to manage or avoid this sort of behaviour.

I made a full accident report and informed my area manager.

The lack of risk assessments, insufficient training and advice/support as to how to handle the aggressive behaviours of the dementia residents gives a strong indication of employer negligence. As such, my initial view is that you should pursue a claim for accident at work compensation as there is a good prospect that you would succeed.

I suffered a shoulder injury at work. I’m a support worker, and the resident had a drop seizure and got hold of my arm, pulling my arm down and backwards while he fell down on my shoulder. After 7 months of physio, MRI and cortisone injections, I will be going for an operation to fix the rotator cuff tear. Do I stand a chance in claiming compensation and loss of income? As I will be off work for a while and I am a relief worker at the moment for the company, I was permanent when the injury happened.

Whether or not you have a valid claim for work accident compensation will depend on what actions your employer took to minimise the risks to your health and safety at work from an incident such as that which damaged your shoulder. Clearly, working with vulnerable people in a residential setting does give some foreseeable risk to workers such as yourself. Whether a resident could have an episode of violence, or collapse due to a seizure the risk of injury to staff is clear. As such, your employer ought to have made sure that those of you on duty were adequately trained, supported and guided in safe working and given the right knowledge to minimise the risks of injury.

Given the severity of your injury and that it has lasted 7 months, required physiotherapy, scans, steroid injections and now surgery with a possible long period of time where you will have to deal with a loss of wages after your accident at work, we think that you should let us put the details of your claim to our specialist Solicitors so that they can find out more about your work, what support you had before your accident and then advise you as to whether or not you should be further pursuing a no win no fee claim.

A service user kicked me in my shoulder. The doctor & physiotherapist said I have a rotator cuff tear. I worked for 3 months after accident but after repeatedly asking for light duties and this not happening I had to go off work with the support or my doctor & physiotherapist. This accident was reported at the time.
I had also requested a risk assessment to be done on the service user prior to my accident.
My line manager said after my accident he wasn’t taking the blame as no risk assessment had been done. I’m now on half pay & my SSP runs out next week.

Given the request for a risk assessment being made BEFORE you were injured and the employers refusal or failure to carry out such an assessment, I think it worthwhile putting the details of your workplace injury to one of our specialist Solicitors so that they can offer you advice as to whether or not you have a viable claim against the employer. Our initial view would be that you do have a claim worthy of further pursuit and we would be happy to offer assistance.

I hurt my leg in work about 6 month’s ago turning one of my service users, am still in alot of pain with it now. But I didn’t report it to work at the time didn’t want to upset anyone or lose my job. Am struggling in my job now with this injury and been in and out the doctor’s ever since. Any advice please. Also they did know it was a struggle to turn the service user, which now takes 3 of us.

The lack of an accident book entry may cause some issue in your claim, but it does not prevent you from pursuing a claim for accident at work compensation. I would imagine that given the repeated visits to your GP, your employer is aware of an injury and I would expect that you have discussed your pain with colleagues, so there could be a way of demonstrating that the employer was on notice of the injury there.

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