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

90 questions have been answered below, 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.

Table of contents

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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Support Worker Assault Claim Examples

- Questions & Advice On Claiming

  • Ecaterina

    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.

    Reply
    • Ian Morris

      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.

      Reply
  • Kim

    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?

    Reply
    • Ian Morris

      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.

      If you believe that you had not been appropriately trained, there was an out of date risk assessment or any other issues that could indicate employer negligence, you could pursue a claim. If so, please call us on 01225430285 or use our website to request a call from us.

      Reply
  • Sally

    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?

    Reply
    • Ian Morris

      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.

      Reply
  • Caroline

    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?

    Reply
    • Ian Morris

      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.

      Please call us on 01225430285 or make contact via our claim form and 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.

      Reply
  • Richard

    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

    Reply
    • Ian Morris

      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.

      If you would like our Solicitors to advise you and pursue your claim if it is viable to do so, please provide further details via the ‘start your claim‘ page of our website or by calling us on 01225430285.

      Reply
  • JUDY

    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.

    Reply
    • Ian Morris

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

      Reply
  • Georgina

    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

    Reply
    • Ian Morris

      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.

      If you would like to seek a formal appraisal of your situation with a view to pursuing a claim for injury compensation, please call us on 01225430285 or provide some further information to start your claim via our website.

      Reply
  • Yusuf

    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?

    Reply
    • Ian Morris

      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.

      Reply
  • Juliet

    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.

    Reply
  • Abbie

    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?

    Reply
    • Ian Morris

      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.

      Please contact us on 01225430285 or if you prefer, go to the form on our ‘start your claim‘ page and provide further details so that we can advise you further and have our Solicitors seek to pursue a claim for the physical injury and emotional distress caused to you (plus recovery of any lost wages or incurred costs).

      Reply
  • A

    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?

    Reply
    • Ian Morris

      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.

      Reply
  • KAREN

    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 ?

    Reply
    • Ian Morris

      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.

      Reply
  • Claire

    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.

    Reply
    • Ian Morris

      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.

      Reply
  • kay reade

    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?

    Reply
    • Ian Morris

      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.

      Reply
  • Anna

    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?

    Reply
    • Ian Morris

      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.

      Reply
  • Julie corr

    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.

    Reply
    • Ian Morris

      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.

      Reply
  • Kathryn

    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

    Reply
    • Ian Morris

      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.

      Reply
  • Maria

    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?

    Reply
    • Ian Morris

      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.

      Reply
  • Linda

    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?

    Reply
    • Ian Morris

      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.

      Reply
  • Ben

    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.

    Reply
    • Ian Morris

      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.

      Reply
  • Bethany

    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.

    Reply
    • Ian Morris

      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?

      Reply
  • Susan wood

    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.

    Reply
    • Ian Morris

      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.

      Reply
  • Amy

    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?

    Reply
    • Ian Morris

      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?

      Reply
  • Hannah

    I work as a health care assistant for the NHS, during coronavirus 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.

    Reply
    • Ian Morris

      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.

      Please call us on 01225430285 so that we can further discuss this matter and get a formal consideration of your potential claim from our specialist Solicitors. Alternatively, you can ask us to call you if you prefer.

      Reply
  • richard

    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.

    Reply
    • Ian Morris

      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.

      Reply
  • Cheryl

    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

    Reply
    • Ian Morris

      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.

      Reply
  • Tammy

    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?

    Reply
    • Ian Morris

      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.

      Reply
  • Karen

    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.

    Reply
    • Ian Morris

      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.

      Reply
  • Ana

    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.

    Reply
    • Ian Morris

      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 call you to discuss it further.

      Reply
  • Lucy

    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.

    Reply
    • Ian Morris

      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.

      Reply
  • vanisha

    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.

    Reply
    • Ian Morris

      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.

      Reply
  • Daphne

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

    Reply
    • Ian Morris

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

      To find out if you can make a claim, provide your contact details to us so that we can call you to discuss this further.

      Reply
  • Kelly

    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

    Reply
    • Ian Morris

      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.

      Reply
  • thomas

    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.

    Reply
    • Ian Morris

      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.

      Reply
  • Rosie

    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?

    Reply
    • Ian Morris

      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.

      Reply
  • brian

    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.

    Reply
    • Ian Morris

      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.

      Reply
  • John

    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?

    Reply
    • Ian Morris

      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.

      Reply
  • Emma

    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.

    Reply
    • Ian Morris

      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.

      Reply
  • Sam

    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.

    Reply
    • Ian Morris

      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.

      Reply
  • Colette

    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.

    Reply
    • Ian Morris

      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.

      Reply
  • Christina Shearer

    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.

    Reply
    • Ian Morris

      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.

      Reply
  • Catherine.

    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.

    Reply
    • Ian Morris

      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.

      Reply
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