Assault at Work Claims Ireland
A Workplace Assault refers to any type of attack on an employee during the course of their employment. This could be an attack by a colleague, customer, patient or member of the public.
Employers should have measures in place to ensure the safety of their employees, including measures that protect employees from Workplace Assaults. Unfortunately, these safety measures can fail.
If you have been assaulted at work, and require further information on your options, contact Cantillons Solicitors – telephone 021 427 5673.
What Is An Assault at Work Claim?
An Assault At Work Claim is a legal claim, seeking compensation, made by an employee injured as a result of an assault at work. Assault At Work Claims are usually brought against the employer as the employer has a duty of care to all staff. It is also possible to bring an Assault At Work Claim against the perpetrator of the assault.
If you have been assaulted by a co-worker, you may be able to bring a claim against your employer as employers in Ireland can be vicariously liable for the actions of their employees. This is to say that they can be considered responsible for the actions of their staff.
Assault at Work Claims are not limited to the physical workplace. An assault that occurs while an employee is conducting work, on or off-site, is a workplace assault.
Types Of Workplace Assaults
There are many forms of assault including (but not limited to):
- Physical attacks, including:
- Slapping, hitting or punching.
- Kicking or stamping on a person.
- Shoving and pulling.
- Pulling someone’s hair or clothes.
- Throwing objects of any kind at a person.
- Spitting on someone.
- Any form of sexual assault (including exposing inappropriate body parts and inappropriate touching).
Who Can Make A Claim For An Assault In The Workplace?
Anyone who has been injured during an assault in the workplace may have cause to make a claim. Injuries suffered include physical injuries and psychological injuries.
Some lines of work do run a higher risk of being assaulted due to the nature of the job. If you work in a high-risk occupation, you may still be able to make a claim. Occupations at a higher risk of assault include:
- Emergency personnel such as Gardai, Paramedics and Firefighters.
- Medical personnel such as A&E staff, doctors and nurses.
- Care staff and Social Workers.
- Prison Officers.
- Security personnel.
- Special Needs Assistants.
Who Is Liable For A Workplace Assault?
Every employer shall ensure, so far as is reasonably practicable, the safety, health and welfare at work of his or her employees. Reasonable measures could include:
- Providing workplace violence and harassment training to all staff members.
- Providing protective measures and/or equipment for employees of a high-risk occupation.
- Ensuring thorough background checks of all staff members.
- Ensuring patient placements are appropriate.
Where an assault arises in circumstances where an employer has not taken reasonable measures and has been negligent, then an employee may be able to bring an Assault At Work Claim.
What To Do If You Are Assaulted At Work
If you have been assaulted at work, you should first seek medical attention.
You should then report then report the assault to your employer. If there is no clear guidance as to whom to report assaults to, contact HR or a trusted Manager.
It is also advisable to keep your own record of the assault. In your own record, note who perpetrated the assault and when and where the attacks took place. Record the context and any witness details. A record like this will be helpful for your solicitor.
If you have experienced an assault at work, contact Cantillons Solicitors to speak to our experienced team of personal injury solicitors.
Cantillons Solicitors represent clients from all over Ireland. While our office is based in Cork, given the amount of work we do all over the Country, we also have meeting facilities in Dublin and Limerick. We also offer consultations via telephone or Zoom to avoid the stress of travelling where necessary.
* In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. Many Personal Injury Solicitors portray themselves as “no win no fee Solicitors Cork”. This term can be misleading and it is essential that you discuss fees with the Personal Injury Solicitor you choose. At Cantillons Solicitors, we are entirely transparent.