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Nurses, care workers, healthcare assistants and other health and social care staff can face difficult, unpredictable and sometimes dangerous situations at work.

In hospitals, care homes, supported living environments and community settings across the North East, staff may be exposed to aggressive behaviour from patients, residents, service users, visitors or members of the public.

However, being assaulted at work should not simply be accepted as “part of the job”. Employers have a duty to take reasonable steps to protect staff from foreseeable risks, including the risk of violence.

Can a nurse or care worker claim after being assaulted at work?

Yes, a nurse or care worker may be able to claim compensation after being assaulted at work.

However, a successful claim usually depends on more than the fact that an assault happened. The injured worker will normally need to show that their employer, or another responsible organisation, failed in its duty to keep them reasonably safe at work.

When might an employer be liable for violence at work against healthcare workers?

Employer liability may arise where the assault was linked to poor safety management.

Examples include:

• Failing to act on earlier incidents
• Inadequate risk assessment
• Placing staff in unsafe situations
• Failing to provide appropriate training
• Not having enough staff available to deal with known risks

What if the assault was completely unexpected?

Some assaults happen without warning. If there was no previous indication of violence and the employer had reasonable safety procedures in place, a claim may be more difficult. The question is not whether the employer could guarantee staff safety, but whether they acted reasonably in the circumstances.

You may be able to still claim if the nurse or carer’s employer is not liable

If your employer was not at fault, you may still have other options.

Where the assault was a criminal act, you may be able to apply for compensation through the Criminal Injuries Compensation Authority (CICA). This is a government scheme for people who have been physically or mentally injured because they were the victim of a violent crime.

You can learn more at Criminal Injury Claims.

Can a nurse or carer claim for injuries if the person who assaulted you lacked capacity?

Yes, potentially.

In some healthcare and care settings, an assault may involve a patient, resident or service user who lacked full capacity or whose behaviour was affected by illness, medication, dementia, learning disability or a mental health condition.

That does not automatically prevent a claim. The key question will usually be whether the risk was known or reasonably foreseeable, and whether appropriate steps were taken to manage it.

This might include:

• Care planning
• Risk assessments
• Staffing levels
• Supervision
• Staff training

What should I do after being assaulted at work?

After an assault at work, it is important to make sure the incident is properly recorded. This can help protect your position if you later decide to make a claim.

Where possible, you should:

• Report the assault to your employer and police, if appropriate
• Make sure it is recorded in the accident book or incident reporting system
• Seek medical attention for any injuries
• Keep photographs of visible injuries
• Take details of any witnesses
• Keep records of time off work, lost earnings and expenses

In healthcare and care settings, there may also be internal safeguarding, incident reporting or risk management procedures. These records can be important when looking at what happened and whether more should have been done to protect staff.

How long do I have to make a claim after being assaulted at work?

In most personal injury claims in England and Wales, you have three years from the date of the incident to start court proceedings.

There can be exceptions that can extend or reduce the limitation period, including if it transpires to be a criminal injuries claim via CICA where a two year limitation period usually applies from the date of an incident.

You should seek legal advice as soon as possible. Evidence can become harder to obtain over time, particularly where witness recollection, incident reports, CCTV or staffing records are important.

To learn more about the limitation period, read: How long do I have to make a personal injury claim?

No Win No Fee workplace assault claims

Many people worry about the cost of making a claim. At Askews, we can usually act on a No Win No Fee basis. We can also advise whether you have any other funding options available to you.

Can the Royal College of Nursing (RCN) help if a nurse is assaulted at work?

If you are a member of RCN or another union, they may be able to support you. This could include guidance, workplace representation or access to legal advice.

Union legal support may include referral to their preferred law firm. These firms tend to be large national practices and may not have a local office or local representatives in your community.

If you would prefer to speak to a solicitor who is local to you, understands the area and can advise you directly, you are entitled to make your own choice.

For many nurses, care workers and healthcare staff, that local connection can be important. An assault at work is already a distressing experience. It can help to know that you are dealing with a solicitor who is accessible and familiar with the courts, employers and communities in your area.

Askews is a Middlesbrough & Recar-based law firm that can support nurses and carers following a violence at work incident

If you are a nurse, care worker, healthcare assistant or other member of staff who has been assaulted at work, we can advise whether you may have grounds to make a claim.

Visit Personal Injury Claims to learn more or Contact Us to arrange an initial consultation.

This content is for informational purposes and is not intended as advice of any kind.