What Is The Average Payout For An Assault At Work?
This guide will explore the question ‘what is the average payout for assault at work?’. You may be looking to make a criminal injury claim after suffering assault at work. If so, continue reading this article to learn more about when you could be eligible to seek compensation and the different avenues you could take to do so.
What is the average payout for an assault at work?
The Crown Prosecution Service (CPS) describes the term assault as any act, but not an omission to act, that causes a person to recklessly or intentionally cause another person to suffer immediate unlawful violence. Furthermore, assault can also be an act that indicates an intent to use unlawful violence against a person, such as a kick aimed at a person that doesn’t connect. There are various types of assault including sexual assault, common assault, assault occasioning actual bodily harm (ABH), or assault inflicting grievous bodily harm (GBH).
To learn more about how criminal injuries compensation is calculated and how much you could be eligible to receive, continue reading. Alternatively, you can enter your details into our criminal injury claim calculator to receive a more accurate compensation estimate.
For more information, you can speak with one of our expert advisors. They are available 24/7 to answer any questions you may have. To get in touch, you can:
- Call us on 020 8050 2736
- Claim online via our form
- Speak to an advisor about your claim using the live chat feature below.
Choose A Section
- Is There An Average Payout For An Assault At Work? – A Guide
- When Can You Make An Assault At Work Claim?
- Average Payout For Assault At Work – What Could You Receive?
- What Evidence Could Help You Make An Assault Claim?
- How To Make A No Win No Fee Assault At Work Compensation Claim
- Learn More About Assault At Work Compensation
Is There An Average Payout For An Assault At Work? – A Guide
There are many factors that are considered when calculating compensation. As such, this can make it difficult to provide an accurate average payout for assault at work. Firstly, how you bring forward your claim impacts the compensation you could receive should your claim be a success.
There are three different avenues that you could take to make a criminal injury claim:
- Firstly, you could claim against a vicariously liable party; in this instance, that would be your employer. This is suitable where a party owed you a duty of care, breached the duty of care they owed and consequently, you were injured by a crime of violence for which they are partially liable.
- Secondly, you could claim against the perpetrator directly. However, there are some things you must know to do this: the person’s identity and that they have the available funds to pay the compensation.
- Finally, if neither of the options above suits your case, you could claim through the Criminal Injuries Compensation Authority (CICA). They are responsible for overseeing a government-funded Criminal Injuries Compensation Scheme that seeks to compensate victims of crimes of violence in Great Britain.
Regardless of which of the options above is most applicable to your case, we recommend that you seek legal advice. Our advisors could answer any questions you may have about your potential claim.
When Can You Make An Assault At Work Claim?
All employers owe their employees a duty of care under the Health and Safety at Work etc. Act 1974. This means that employers must take reasonably practicable steps to ensure the safety of their employees, such as carrying out risk assessments and providing proper training.
For example, you may have reported to your employer that one of your colleagues had been threatening you, but your employer failed to take the necessary steps to deal with the problem and ensure your safety. If this colleague later assaulted you at work and caused you to suffer harm, you could be eligible to bring forward a criminal injury claim against your employer on the basis of negligence. Negligence involves the breach of duty causing harm.
Alternatively, if you have been assaulted at work and your employer is not to blame as they took all reasonable steps to keep you safe, you could be eligible to claim through the CICA. There are some requirements to do this, including:
- The incident needs to have happened in Scotland, England, Wales or another relevant place.
- The incident needs to have been reported to the police.
To learn more about this, contact a member of our team. They could also provide guidance on the average payout for assault at work.
Average Payout For Assault At Work – What Could You Receive?
You may wonder, ‘what is the average payout for assault at work claims?’ This is difficult to determine as many factors affect the amount of compensation for assault that may be awarded for a successful criminal injury claim.
First, we will focus on claims made directly against the perpetrator or a vicariously liable party. In these instances, you could receive up to two potential heads of claim: general damages, which compensate for the physical and mental pain and suffering caused by your injuries, and special damages, which compensate for financial losses resulting from your injuries.
The general damages head of claim can be valued with help from the Judicial College Guidelines (JCG), updated in April 2022. Therefore, we have created the table below showing compensation amounts for different injuries. Please consider these figures as a guide. Each case is determined by its unique details.
| Injury | Details of the Injuries | Compensation Bracket |
|---|---|---|
| Moderate Injury Resulting from Brain Damage (c)(i) | The person will suffer from a moderate to severe intellectual deficit alongside other effects. | £150,110 to £219,070 |
| Severe Psychological Damage Generally (a) | The injured person will have a very poor prognosis. They will have marked problems with their ability to cope with daily life, work and education. | £54,830 to £115,730 |
| Moderate Psychological Damage Generally (c) | The injured person will have a good prognosis, and there will have been a marked improvement of their condition. | £5,860 to £19,070 |
| Chest Injury (b) | A traumatic injury to the chest, lungs or heart causing permanent damage and a reduction of life expectancy. | £65,740 to £100,670 |
| Injuries Affecting Sight (d) | One eye is totally lost. | £54,830 to £65,710 |
| Arm Injury (b) | Arm injuries that cause permanent and substantial disablement. For example, serious fractures of one or both forearms. | £39,170 to £59,860 |
| Less Serious Leg Injuries (c)(i) | Serious soft tissue injuries or fractures where an incomplete recovery is made. | £17,960 to £27,760 |
| Moderate Foot Injury (c) | Injuries such as fractures and tears to ligaments. | £13,740 to £26,590 |
| Multiple Facial Bone Fractures (b) | Permanent facial deformity is involved. | £14,900 to £23,950 |
| Fractures of Cheekbones (d) (i) | Serious fractures that need surgery. There are last consequences. | £10,200 to £15,780 |
Furthermore, you could also receive compensation under special damages, such as loss of earnings. However, you will need evidence of financial losses such as receipts or payslips to claim these back.
To learn more about the other costs you could be reimbursed for under special damages, contact our advisors.
What Could You Receive For A Successful Claim Made Via The CICA?
A successful claim made through the CICA could see you compensated for the mental or physical injuries caused by the crime of violence. In the table below, we have used compensation amounts taken from the tariff of injuries found in the Scheme.
| Injury | Details of the Injuries | Compensation Amount |
|---|---|---|
| Moderate Brain Damage | Significant dependence on others and an intellectual deficit along with further effects. | £82,000 |
| Hand Injury | The loss of, or equivalent loss of function in one dominant hand. | £55,000 |
| Eye Injury | Serious and permanent loss of visual field. | £44,000 |
| Eye Injury | The loss of one eye. | £27,000 |
| Ankle Injury | One ankle is fractured or dislocated with a continuing significant disability. | £11,000 |
| Finger Injury | The loss of two or more fingers. | £11,000 |
| Wrist Injury | One fractured wrist with continuing significant disability. This would be a colles type or equivalent displacement or fracture of the distal radius. | £6,200 |
| Skull Injury | A depressed skull fracture that requires an operation. | £4,600 |
| Shoulder Injury | One shoulder is dislocated causing a continuing disability that's significant. | £3,500 |
| Dislocated Jaw | A dislocated jaw resulting in a continuing significant disability. | £3,500 |
The CICA can award a payout for up to three injuries. This would affect the award in the following way:
- 100% of the tariff amount would be awarded for the most serious injury.
- 30% of the tariff amount would be awarded for the injury deemed the second most or equally serious.
- 15% of the tariff amount would be awarded for the injury deemed the third most or equally serious.
Additionally, you could receive reimbursement for certain monetary losses. This can include a payment for loss of earnings or special expenses such as adaptations to your home. However, there are eligibility criteria that must be met in order for these payments to be awarded. Please contact an advisor to learn more about the compensation you could receive.
As you can see, it is difficult to provide an average payout for assault at work due to the unique details of each case. However, you could use our assault claim calculator to get a compensation estimate tailored to your specific case.
What Evidence Could Help You Make An Assault Claim?
When making a claim through the CICA, there is some evidence you may be required to provide, such as:
- Your police reference number. This shows that the crime has been reported to the police.
- Medical evidence. You may be expected to meet the cost of this up to £50. However, help will be available if you cannot pay this amount.
- Proof that you meet the residency requirements.
If you make your claim against a vicariously liable party or directly against the perpetrator, the evidence you may need to provide could differ. Please speak to a member of our team for more information. They can also provide additional guidance on the average payout for an assault at work.
How To Make A No Win No Fee Assault At Work Compensation Claim
You are not under a legal obligation to use a solicitor when making a criminal injury claim. However, using a solicitor could provide many benefits. For example, they may have useful advice on navigating the claims process.
Furthermore, opting to enter into a Conditional Fee Agreement (CFA), a type of No Win No Fee agreement, generally eliminates any payments for a solicitor’s services if the claim is not successful. Additionally, there are no upfront or ongoing payments for the services of a solicitor.
On the other hand, a successful claim under a CFA will generally mean the solicitor can take a small legally capped percentage of the compensation. This is called a ‘success fee’.
To speak to an expert advisor about whether you could be eligible to enter into a No Win No Fee agreement with a solicitor, contact us today.
Contact Us For Free Legal Advice 24/7
To discuss whether there is an average payout for your assault at work claim, speak to a member of our team. Also, if they find your case is valid, they may place you in contact with one of the criminal injury solicitors from our panel. To get in touch, you can:
- Call us on 020 8050 2736
- Claim online via our form
- Speak to an advisor about your claim using the live chat feature below.
Learn More About Assault At Work Compensation
Please explore more of the guides on our website:
- When Can You Claim Compensation For A Stabbing?
- Claiming For Broken Nose Assault Compensation
- Sexual Abuse Compensation Claims
Take a look at these external sources to learn more:
Thank you for reading this guide which explores the average payout for assault at work and the factors considered when valuing successful criminal injury claims. For more information, get in touch using the details provided.
Writer Jess Ox
Editor Meg Maloney
