Assault in the workplace: Your rights and steps to take

Being assaulted at work is a traumatic experience that can leave lasting physical and emotional scars.

Whether the assault was carried out by a colleague, customer, or member of the public, you may be entitled to compensation if your employer failed to take the steps that they should to protect you from foreseeable harm.

What is workplace assault?

Workplace assault refers to any incident in which an employee is physically attacked, threatened, or subjected to aggressive behaviour while carrying out their job.

This can include:

• Physical violence (e.g. hitting, pushing, or grabbing)
• Threats of violence
• Verbal abuse that causes psychological harm

Assaults can happen in any workplace, but it is more common in high-risk environments such as healthcare, retail, hospitality, and public-facing roles.

In 2023/24 the Crime Survey for England and Wales highlighted that there were 642,000 incidents of violence at work.

Can I make a claim for compensation?

Yes, you may be able to make a personal injury claim if:

• You were assaulted at work
• The assault caused you physical or psychological harm
• Your employer failed in their duty to protect you

Employers have a legal responsibility under the Health and Safety at Work Act 1974 to ensure, as far as is reasonably possible, the safety and wellbeing of their employees. This includes taking steps to prevent foreseeable violence in the workplace.

Examples of employer failures

You may have a valid claim if your employer:

• Ignored previous complaints about a violent colleague or customer
• Failed to provide adequate training on handling aggressive behaviour
• Did not implement proper security measures (e.g. CCTV, panic buttons)
• Allowed you to work alone in a high-risk environment without support
• Failed to have in place adequate practices and procedures to guard their employees from assault in the workplace.

What can I claim for?

If your claim is successful, you may be entitled to compensation for:

• Physical injuries (e.g. bruises, fractures, scarring)
• Psychological trauma (e.g. anxiety, PTSD)
• Loss of earnings if you had to take time off work
• Medical expenses and the cost of therapy or counselling

How do I start a claim?

The first step is to speak to a specialist personal injury solicitor. They will assess your case, gather evidence (such as medical records, witness statements, and incident reports), and guide you through the claims process.

Most claims are handled on a No Win, No Fee basis, meaning you will not pay legal fees unless your claim is successful.

Time limits

You usually have three years from the date of the assault to make a claim for personal injury and loss.

However, by this date, you will need to be in a position to issue court proceedings, and therefore it is best to seek legal advice as soon as possible and to start any claim well before the three-year cutoff date.

Contact us

If you have been assaulted at work, please contact our Louise Plant on 01473 232121 or at lplant@prettys.co.uk to see if we can help.

You can also visit our dedicated Personal injury pages here for more detailed information and support resources.