Personal injury advice from
Thompsons Solicitors
Care Home Employee Injured in Assault at Work Receives Compensation
2nd June 2010
Our specialist personal injury lawyers recently secured compensation on behalf of a woman, who sustained injuries when she was assaulted at work by a resident at a care home.
Assaulted at Work
The resident suffered from dementia and had been at the care home for approximately four months. During this short period, he had committed 13 acts of aggression, at least 5 of them serious, including once incident where he attempted to strangle another resident and another where he struck a staff member with a stick.
Our client was alone in the unit at the time of the assault, as other staff were on a change over, and she had not received any training on how to deal with violent behaviour. She was subjected to a prolonged physical attack until she was able to raise the alarm and help arrived.
The assault left her with long-term neck, arm and shoulder injuries, affecting her ability to work or carry out household tasks and other activities. She also suffered psychological effects, both from the trauma of the incident itself and also a loss of confidence due to the restrictions imposed by her injuries.
Injury Claim Against Negligent Employer
Our lawyers, who are specialists in all areas of personal injury, including cases involving injuries at work, acted on the injured employee’s behalf in a personal injury claim.
We began a claim against her employer, as they failed to take adequate health and safety measures to protect their staff from unnecessary harm. Our client did not have sufficient training or support from colleagues to carry out her work safely.
It was necessary to pursue the case to Court, as the claimant’s employer refused to put forward a suitable offer of compensation. They argued that the assailant was a frail and weak man and he had not caused any significant injuries previously, however we provided witness evidence that he was in fact fit and strong for his age and had, on occasion, tried to climb the fences at the home.
The Judge agreed that, although it would not be reasonable to ask that the man be locked in his room or under constant supervision, the risk to staff was higher than acceptable and he should have been relocated to a secure unit more suitable for his care needs. This did happen after our client was assaulted and she was awarded a settlement of damages in respect of her injuries and losses.
Personal Injury Claim Advice
If you have suffered an injury as the result of an assault at work, accident at work, or any other accident caused by someone else’s negligence, you may be entitled to make an injury claim.
Contact The Legal Line on 0800 0328511, or by completing a claim enquiry form online, for cost free advice and assistance from our expert personal injury lawyers.
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