Can I Claim Injury or Assault Compensation as a Support Worker?

By Ian Morris | Updated September 11th, 2024

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Quick Answer: Yes, support workers who are injured or assaulted at work by a service user may be eligible to claim compensation. This applies whether you support the elderly, children or vulnerable adults, work in schools, care homes, mental health or the NHS.

Key Takeaways

Support workers have the right to a safe working environment
Employers have a duty of care to protect staff from foreseeable risks
Claims can be made for both physical and psychological injuries
There’s typically a 3-year time limit to start a claim
No Win No Fee agreements are available for eligible claims

Support workers play a vital role in caring for vulnerable individuals, but this work can sometimes put them at risk of injury or assault. There is no obligation on any employer to pay a staff member their full standard salary if they are off work due to illness or injury – even if it happened at work. In such circumstances, most employers will stop paying the usual salary and instead place them on to sick pay (SSP). This obviously has huge financial implications, but claiming compensation can help – making up for your lost income and more.

While some level of risk may be inherent in the job, employers have a legal obligation to minimise these risks and protect their staff. This guide will explain your rights as a support worker, when you might be eligible to claim compensation, and how to proceed with a ‘no win no fee’ claim.

What Counts as an Injury or Assault in Healthcare?

Injuries and assaults in healthcare settings can take many forms:

Physical assaults (hitting, kicking, biting, etc.)
Verbal abuse, including racist, sexist, or homophobic abuse
Injuries from lifting or moving patients
Slips, trips, and falls
Needle stick injuries
Psychological trauma from witnessing distressing events

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.”

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.

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 if you’re eligible for compensation.

Eligibility for Making a Compensation Claim

You may be eligible to claim work injury compensation if:

Your employer failed in their duty of care
The incident occurred within the last 3 years
You suffered a physical or psychological injury as a result

Factors that could indicate employer negligence include:

Lack of proper training (e.g., in handling aggressive behavior)
Inadequate staffing levels
Failure to provide necessary safety equipment
Not informing staff about known risks with particular patients
Lack of up-to-date care plans or risk assessments

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.

What to Do If You’re Injured by a Patient

Report the incident immediately to your employer
Ensure it’s recorded in the accident book
Seek medical attention, even for seemingly minor injuries
Gather contact details of any witnesses
Take photographs of any visible injuries or hazards
Keep a record of any expenses incurred due to the injury

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.

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.

Types of Compensation You Can Claim

Settlement values are comprised of what are known as general and special damages:

General Damages: For pain, suffering, and loss of amenity
Special Damages: For financial losses, including:
- Lost earnings
- Medical expenses
- Travel costs
- Care costs
- Damaged personal property

Compensation Amounts

How much compensation you receive will largely be determined by the severity of your injury and the impact it has had on your life.

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 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.

Understanding the claims process can help you navigate your case more effectively and set realistic expectations. Here’s a detailed look at each step:

1. Initial Consultation

The process begins with a free consultation with one of our specialised solicitors. During this meeting, you’ll discuss the details of the incident, including how it occurred, the injuries you sustained, and how they’ve affected your life and work. The solicitor will assess the viability of your claim, explain the legal process, and discuss the No Win No Fee agreement. This is your opportunity to ask questions and decide if you want to proceed. The solicitor will also advise you on any immediate steps you should take, such as gathering specific evidence or seeking further medical attention.

2. Gathering Evidence

This crucial step involves collecting all relevant documentation to support your claim. Your solicitor will help you gather:

Medical records detailing your injuries and treatments
Accident reports from your workplace
Witness statements from colleagues who saw the incident
Photographs of any visible injuries or hazards
Employment records showing lost wages
Any correspondence with your employer about the incident or safety concerns
Copies of relevant workplace policies and procedures

This evidence forms the foundation of your claim, demonstrating both liability and the extent of your injuries. Your solicitor may also request additional documents from your employer, such as risk assessments or training records.

3. Notification of Claim

Your solicitor will prepare and submit a formal Letter of Claim to your employer or their insurer. This document outlines the circumstances of the incident, the injuries you’ve sustained, and why you believe your employer is liable. It also includes an initial valuation of your claim. The employer/insurer then has a set period (typically 21 days) to acknowledge receipt and a further three months to investigate and provide a formal response, either accepting or denying liability.

4. Medical Assessment

You’ll undergo an independent medical examination with a specialist appropriate to your injuries. This could be a physical or psychological assessment, depending on the nature of your injuries. The medical expert will review your medical records, examine you, and provide a detailed report. This report is crucial evidence, detailing:

The nature and severity of your injuries
Your prognosis and expected recovery time
Any long-term or permanent effects
Recommendations for future treatment or support

This independent assessment helps ensure that your claim accurately reflects the full impact of your injuries.

5. Negotiation

Once liability is established and the full extent of your injuries is known, your solicitor will enter into negotiations with the employer’s insurers to reach a fair settlement. This process involves:

Presenting all the evidence gathered to support your claim
Arguing for appropriate compensation based on your injuries and losses
Responding to any counter-arguments or offers from the insurer
Advising you on the fairness of any settlement offers

This stage may involve several rounds of offers and counter-offers. Your solicitor will keep you informed throughout and advise you on whether to accept or reject offers, but the final decision always rests with you.

6. Settlement or Court

Most support worker injury claims are settled out of court through negotiation. However, if an agreement can’t be reached, or if the employer denies liability, your case may proceed to court. Even if court proceedings are initiated, negotiations often continue, and many cases settle before the trial date. If your case does go to court:

Your solicitor will prepare your case for presentation to a judge
You may need to give evidence in person
Expert witnesses (such as medical professionals) may be called to testify
The judge will make a final decision on liability and compensation

Throughout this process, your solicitor will guide you, handle the majority of the paperwork and communication, and work to ensure you receive fair compensation for your injuries. They’ll keep you informed at each stage and be available to answer any questions you may have.

Remember, while this outlines the typical process, each case is unique and may involve additional steps or variations depending on the specific circumstances of your injury or assault.

Protecting Your Employment Rights

Making a compensation claim should not negatively impact your employment. It’s illegal for an employer to dismiss you or treat you unfairly for making a legitimate claim. If you face any retaliation, you may have grounds for an additional claim of unfair dismissal or discrimination.

No Win No Fee Claims

Most support worker injury claims can be handled on a No Win No Fee basis. Also known as a Conditional Fee Agreement (CFA), No Win No Fee means that if your compensation claim is unsuccessful, you won’t have to pay any legal fees to your solicitor. In summary:

No win no fee agreements eliminate upfront legal costs for claimants
No fees to pay if your claim is unsuccessful
If the claim is successful, the claimant pays a success fee from their compensation
The success fee is capped at 25% of the compensation awarded
Claimants are protected from paying the defendant’s legal costs in most cases
No win no fee agreements increase access to justice for all

Let Us Help

While support work can be challenging and sometimes risky, you have the right to a safe working environment. If you’ve been injured or assaulted at work due to your employer’s negligence, you may be entitled to compensation. This can help cover your losses, support your recovery, and potentially improve safety standards for your colleagues.

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.

Frequently Asked Questions

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...

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.