Can I claim compensation for being assaulted at work?
Yes. If you have suffered from sexual or physical abuse, no amount of financial compensation can take away the pain caused. In many cases of abuse the injuries can be severe and long-lasting, often staying with survivors throughout their lifetime. However, you may be entitled to compensation to support you.
Anyone who is subject to physical or verbal assault, or even the fear of an assault, may be eligible for compensation under a WorkCover assaulted at work compensation claim.
You may be asking yourself what can I do after a co worker assaulted me at work? If you have suffered a physical or psychological injury caused by assault at work you should immediately report the incident, seek medical treatment, report it to police, and lodge a WorkCover claim.
Work-related violence covers a range of actions and behaviours that create risks to the health and safety of workers. Examples can include, but are not limited to:
- Biting, spitting, scratching, hitting, kicking
- Throwing objects
- Pushing, shoving, tripping, grabbing
- Verbal threats
- Armed robbery
- Sexual assault
- Attacking with knives, guns, clubs, or any type of weapon
First and foremost, if you have experienced any type of physical, or sexual assault at work, you will need to seek professional medical help and make any appropriate reports to the police.
After you have sought any immediate medical or law enforcement attention, you may be proceeding to:
- Report the incident to your employer
- Get the contact details of any witnesses
- Enlist the help of a lawyer, we’ll help you navigate this extremely difficult time with expertise and understanding, and continuously;
- Keep proof of any costs you have incurred
You may be asking yourself; can I claim compensation for being assaulted at work? And the answer is yes. Enlisting the help of a LHD Lawyer will ensure you can easily navigate the complexity of common law during this difficult time.
Workplace assault can be physical or verbal. It can also fall into these three categories of perpetrator:
- An unprovoked violence act that was committed by an individual that did not have any link to the company (eg: a thief),
- An unprovoked violence act that has been carried out by a client, patient, or customer, or
- An unprovoked violence act that has been committed by a person that has a link to the business (for example: a co-worker, delivery person, or employee’s spouse)
Incidents of workplace violence may arise due to negligence on behalf of the workplace, or employer. Examples of this may include:
- Working alone or understaffed,
- Ignoring previous violent behaviour from another member of staff, patient or client who has committed violent acts in the past (or about which they could have easily found out) but fails to take any or adequate action,
- If a place of work has been subject to a series of robberies in the past but no extra security measures are taken and a member of staff is injured in a subsequent robbery, or
- Lack of training or PPE (Personal Protective Equipment)
Usually there will be state or insurance provided compensation for the victims of assault, however if the claim is substantial, you may need to claim directly from the perpetrators assets.
In claims against another individual’s assets, you will need to take the claim to court and proceed with necessary legal action. Due to the criminal aspect of assaults, your claim will involve a criminal proceeding.
Some cases of assault are clear cut, while others require thorough investigation, always consult with the appropriate legal and medical professionals.
If you have been assaulted you must immediately open a case at the nearest police station, or if injuries are serious enough to warrant hospitalisation, the hospital will notify the police who will then take a statement from you at the hospital.
Your medical records will reflect the seriousness of the injury as well as the cost for the treatment, which will then determine the compensatory sum. Once you have laid a charge against the person, the police will then investigate the claim and prosecute the person. If the person is found to be guilty, then you can proceed with the compensation claim. Usually the claim for compensation is heard in a separate court, however the Judge may elect to combine the cases and rule in both matters.
If your claim involves a claim against loss of earnings, you will need to prove that the assault has rendered you unable to work and earn.
It is important to begin your claim as soon as possible after the incident.
If you’ve been assaulted at work, or are unsure where to reach out to – it may be time to contact one of our expert lawyers and get started on an assault at work lawsuit.
We make it a point to get to know you personally, so we can truly understand your situation and help you to always choose the path that is going to have the most positive outcome.
Whether you are lodging a common law damages claim or a WorkCover claim, you should seek professional assistance from a good lawyer. Looking for a common law lawyers near me? At LHD Lawyers, our experienced team will help you every step of the way to ensure you obtain the compensation entitlements you deserve for being assaulted at work.
If I was assaulted at work by a customer, or are seeking compensation for sexual assault at work, enlisting the help of a LHD Lawyer will ensure you can easily navigate the system during this difficult time.
Call us on 1800 838 481 to discuss our ‘No Win No Fee’ policy and arrange a free and confidential consultation.