Successful claim for compensation after being assaulted at work
Everyone has the right to feel safe when they go to work. To be put at risk of being assaulted at work, especially when the risk has been highlighted, is not only unfair but negligent.
This was the case for a client of personal injury solicitor, Kevin Digby.
The victim was employed as a cleaner, working on a toilet cleaning contract in a busy park in London. This included closing the public toilets to be able to clean them.
On a particularly sunny evening, the park was still busy and the toilets were still in use at 7pm. The cleaner informed the park users of his intention to close the toilets. After a brief conversation with two men, the victim was assaulted at work. He was hit or pushed in the back causing him to fall to the ground, hitting his head. He sustained neck pain and stiffness, psychological injury, dental injuries, a contusion to his cranium and a concussion from the blow to his head.
The cleaning company was subject to the Management of Health and Safety at Work Regulations 1999 in respect of the cleaner’s work. They were also aware that the victim was at foreseeable risk of being assaulted at work and subject to a duty of care in respect of such risks.
The risk of being assaulted at work was widely known following a history at the park of employees being physically assaulted on-site and racially abused by members of the public. Indeed, union works organisers had directly raised this issue and the level of risk with the cleaning company.
No steps were taken to mitigate the risk of being assaulted at work, despite being reminded at several meetings and informally. The management team was invited to visit the site to see the problems their staff were facing, and a request was made to make use of existing security staff to assist the cleaners in closing the toilets and reduce the risk of being assaulted at work. Again, no action was taken.
In addition, the claimant had never been shown any risk assessment relating to risks of assault arising from working on his own or working closing public toilets. No training was received on lone working, the risks of being assaulted at work, de-escalation or dealing with complaints.
The claim lasted a total of two years with investigations undertaken and evidence secured to demonstrate the negligence of the employer in protecting their staff member from an assault in the workplace.
The case settled in 2023 for a four-figure sum and it is hoped new processes will be put in place for future workers to ensure they are not assaulted at work.
If you have had an accident or been assaulted at work, then contact GA Solicitors’ personal injury team today by calling 01752 203500 or emailing enquiries@GAsolicitors.com.
As one of the leading firms of solicitors in Plymouth, you can be assured you are in safe hands. The team is ranked in Chambers & Partners UK and The Legal 500.
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