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

By Ian Morris | Updated June 22nd, 2023

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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.

140 questions have been answered on this subject - ask us your question

Comments & Questions

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

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.