Assaults on Healthcare Workers

The personal injury team here at McCarthy + Co Solicitors LLP has acted for many nurses, healthcare assistants, and care staff who have sustained injuries following an assault in the workplace. We understand that an assault leaves marks that are not always visible, and we work to achieve the full compensation you deserve. 

Where you work with patients affected by dementia or serious mental illness, the risk of assault cannot be eliminated entirely. That does not extinguish your right to compensation. Because violence in these settings is entirely foreseeable, your employer’s duty under the Safety, Health and Welfare at Work Act 2005 is to reduce the risk so far as is reasonably practicable, and to limit the severity of an assault when one occurs. You may have grounds for a claim where your employer has failed to:

• assess the risk of violence and put appropriate control measures in place;
• train all staff in those measures, with regular refresher training on how to respond when violence occurs or is threatened;
• provide panic buttons in rooms where patient contact takes place, and personal alarms for staff;
• avoid leaving you alone with a patient known to have a history of violence, or considered unstable;
• install security screens or similar protection where contact with aggressive patients is likely;
• maintain staffing levels that allow support to reach you quickly; and
• act on previous incidents, warnings, or concerns raised by staff.

In practice, an assailant rarely has assets worth pursuing, so a claim is usually made against your employer’s liability insurance. Arrange a time to speak with a solicitor by completing our quick and confidential online form.

What to do after an assault at work

The steps you take in the days after an assault can make a considerable difference later, particularly if your employer or their insurer disputes what happened. Once you are safely out of harm’s way:

• get a full medical examination, so that treatment such as tetanus cover or wound care is given and every injury is documented;
• write your own detailed account as soon as you can, recording when and where it happened, who assaulted you, which patients and staff were present, and what injuries you sustained;
• ask any colleagues who witnessed it to write their own statements while the events are fresh;
• complete your employer’s accident report form and ask what other procedures apply following an assault;
• ask your employer in writing to preserve any CCTV footage, because some systems overwrite recordings within a week or two, and request a copy for yourself; and
• contact your union representative, who can help make sure the correct steps are taken.

Memory fades quickly, and it is natural to want to put a frightening experience behind you, which is precisely why a written record made early is so valuable. If your employer is slow to release CCTV footage, you or your solicitor can make a formal data access request. Where an assault keeps you from work for more than three consecutive days, your employer must also report it to the Health and Safety Authority.