Every year hundreds of thousands of UK workers are assaulted by customers, patients, service users, or colleagues in the course of their work. Where your employer failed to take reasonable steps to protect you from that foreseeable risk, you can claim compensation from them. And where the assault was also a violent crime, a parallel claim lies through the Criminal Injuries Compensation Authority (CICA).
Every year hundreds of thousands of UK workers are assaulted by customers, patients, service users, or colleagues in the course of their work. Where your employer failed to take reasonable steps to protect you from that foreseeable risk, you can claim compensation from them. And where the assault was also a violent crime, a parallel claim lies through the Criminal Injuries Compensation Authority (CICA).
Two routes that often run in parallel
Route 1: Civil claim against your employer
Under section 2 of the Health and Safety at Work etc. Act 1974 and common-law negligence, your employer owes you a duty to protect you from foreseeable harm - including foreseeable violence from third parties. The claim succeeds where:
- The risk of violence in your role was foreseeable (sector, location, time of day, history of incidents).
Route 2: CICA claim
The Criminal Injuries Compensation Scheme 2012. Key features:
- No-fault - no need to prove employer fault.
See our full criminal injury claims page.
Running both together
You can run both. CICA awards are deducted from civil awards. Combined outcome is often better than either scheme alone.
Employer duty - the foreseeability test
Foreseeability factors
- Sector - retail / hospitality / healthcare / mental health / social care / security / public transport.
Reasonable preventive steps
- Adequate staffing.
Common sectors and scenarios
Retail - Shoplifting confrontations; aggressive customers; armed robberies. HSE HSG133 specifically addresses retail violence.
Healthcare - NHS and private - A&E staff assaulted by intoxicated or mentally unwell patients; mental health nursing; community health visitors.
Social care and care homes - Service-user violence, particularly in dementia / learning disability / mental health settings.
Hospitality - bars, pubs, nightclubs, restaurants - Late-night violence from intoxicated customers; door-staff assaults.
Public transport - Bus drivers, train staff, tram staff, taxi drivers.
Security - SIA-licensed security staff face highest per-worker assault rates in UK.
Licensed and regulated services - pharmacy, benefits offices, local authority - Customer-facing services dealing with refused / delayed / stopped services.
Teaching and education - Assaults on teachers by pupils, parents, or intruders.
Fellow-employee / internal assault - Liability under Lister v Hesley Hall Ltd [2001] UKHL 22 - the employer is vicariously liable for an employee's wrongdoing where there's a 'close connection' with the employment. Test refined in Mohamud v Wm Morrison Supermarkets plc [2016] UKSC 11.
Sexual assault / harassment in the workplace - Viable on the same vicarious-liability framework. Sensitive and specialist.
What you can claim for
Physical injuries
- Minor injury (full recovery): ~£500 - £5,000
Psychiatric injury - often the dominant head
- Less severe psychiatric damage: ~£1,880 - £7,150
Special damages
- Loss of earnings - often substantial where the injury ends a career.
Typical civil settlements for moderate assault cases: £5,000-£30,000. Serious physical + psychiatric: £30,000-£100,000. Severe PTSD ending a career: £100,000+.
Time limits - the 2-year CICA trap
- Civil claim against employer: 3 years from the assault or date of knowledge.
The CICA 2-year limit is the single biggest trap. See time limits.
Evidence
- Police report and crime reference number.
Will claiming affect my job?
No. Section 104 Employment Rights Act 1996 protections apply.
Funding - no win, no fee for civil
Civil claims run on Conditional Fee Agreements. See no win no fee explained. CICA applications are free.
