Can I make a claim if I was injured by a service user?
Yes, in many cases you can. While employers in health and social care can’t prevent every incident involving a vulnerable person, they do have a duty to protect staff from foreseeable risks.
If your employer failed to meet this duty, you may be entitled to compensation. Common scenarios that may result in a claim include:
- Lack of risk assessment in place for the individual who assaulted you
- Insufficient training in managing challenging behaviour
- Inadequate staffing levels resulting in lack of support or supervision
- Failure to act on previous incidents involving a service user
If you’re unsure whether the circumstances leading to your injury could be grounds for a claim, get in touch with our team. We’ll listen to what happened and let you know where you stand.
Who can make this type of claim?
Care workers, healthcare assistants, social workers and other frontline professionals in health and social care settings can all potentially claim after an assault at work.
Whether you work in a care home, supported living setting or an NHS ward, the same principles apply – your employer should be taking reasonable steps to keep you safe.
You may be wondering if you can still claim as an agency or temporary worker. The answer to this is yes, so don’t be put off if you don’t have a permanent contract.
How much compensation could I receive?
As with every personal injury claim, it’s impossible to say exactly how much compensation you could receive without knowing the details. But if your claim is successful, your compensation will be based on:
- Your pain and suffering, as well as the impact on your daily life
- Lost earnings for time taken off during your recovery
- Future loss of earnings if you’re unable to return to the same role
- Travel costs related to medical appointments
- Any care or support costs related to your injuries
Your solicitor will do all they can to ensure the settlement you receive is reflective of what you’ve been through. They’ll keep you updated throughout the negotiations, so you’ll never be left out of the loop.
Is there a time limit on making a claim?
In most cases, you’ll have three years to make a claim after being injured at work. While this may sound like a long time, it’s worth acting sooner rather than later.
Certain evidence can become more difficult to access over time – such as CCTV footage, witness statements and medical records – so it’s best to start the process as early as possible. It may also be easier for you to explain what happened while it’s fresh in your mind.
I’ve been injured by a service user at work – what do I do next?
It’s understandable that you might feel daunted by the prospect of making a claim, but it can help to break the process down into stages:
1. Report the incident
Make sure it is recorded in your workplace’s accident book with the time, date and details of what happened.
2. Seek medical attention
Seeing a medical professional will ensure you receive the treatment you need. It will also create a medical record of your injuries, which could be used as evidence.
3. Document everything you can
Note down what happened, when and who was present. Photographs of any visible injuries could also be useful if you decide to make a claim.
4. Keep copies of any correspondence
Hold on to any emails, letters or messages relating to the incident from your employer.
5. Contact us
Our friendly team will ask you a few straightforward questions and let you know if we could help you on a No Win No Fee basis.
If you’ve been assaulted at work by a service user and you think your employer could’ve done more to protect you, get in touch with us today. We’re here to support you whenever you’re ready.