Violence at Work

Violence at Work: Assaults by Customers or Patients – Who Pays?

Workplace violence isn’t just a headline – for many UK employees, it’s a harsh reality.

If you’re assaulted at work by a customer or patient, compensation usually comes from your employer’s insurers when the employer failed to take reasonable steps to protect you (risk assessments, training, staffing, security). Where no employer fault can be shown, you can claim through the Criminal Injuries Compensation Authority (CICA). In some cases you may also claim against the occupier of the premises or (less practically) the attacker. Time limits and reporting rules apply.

Why this matters now

Violence against frontline staff has surged. Recent UK coverage shows attacks on A&E nurses have nearly doubled since 2019, and ambulance staff reported record levels of violence in 2024–25. Retail workers also face a specific new offence for assaults under the government’s Crime and Policing Bill.

Who actually pays after a workplace assault?

1) Your employer (via Employers’ Liability insurance)

If your employer could and should have prevented the assault but didn’t, they’re liable in negligence. Their Employers’ Liability (EL) insurance pays your damages. This typically covers failures in risk assessment, training (e.g., de-escalation), staffing, security, panic alarms, or lone-working procedures. By law, most UK employers must hold EL insurance of at least £5 million.

2) Criminal Injuries Compensation Authority (CICA)

If no one at work is legally at fault, you can claim government compensation for a crime of violence. You must usually report to the police and apply within two years. Injury payments range from £1,000 to £250,000, with an overall maximum award of £500,000 when losses are included.

3) The occupier of the premises

If you were assaulted on another organisation’s site (e.g., agency staff in a supermarket, contractor in a ward), you may claim under the Occupiers’ Liability Act 1957 if that occupier failed to keep lawful visitors reasonably safe (e.g., inadequate security or defective barriers).

4) The attacker

You can sue the perpetrator directly, but recovery is often unrealistic. Criminal courts may also order compensation, but civil or CICA routes usually matter more for real recovery.

When is an employer “at fault”?

UK health and safety law requires employers to assess the risk of violence and put reasonable controls in place: training, staffing levels, safe room layouts, security, reporting and learning from incidents. Failures here can found a civil claim.

Healthcare example: NHS guidance expects trusts to adopt violence-prevention standards and robust risk assessments for patient aggression. If those aren’t implemented, and a nurse is injured, liability can follow.

Retail example: With a standalone offence of assaulting a retail worker now in the pipeline, stores should still do the basics—risk assessments, trained security, radio/alert systems, safe staffing and incident learning.

What should you do after an assault at work?

  1. Get medical care and call 999 if needed.
  2. Report to the police and get a crime reference number (vital for CICA).
  3. Tell your manager and ensure the incident is recorded.
  4. RIDDOR? If the injury stops you doing normal duties for more than 7 days, your employer must report it to the HSE; keep copies of the report and the accident book.
  5. Preserve evidence: witness details, body-cam/CCTV, photos, damaged clothing, shift rotas, previous incident logs.
  6. Keep financial records: travel, treatment, counselling, prescriptions, and wage slips (for lost earnings).
  7. Get legal help early to protect limitation dates and evidence.

Time limits

  • Civil work injury claim: generally 3 years from the assault or your date of knowledge. (Different rules apply for children and lack of capacity.)
  • CICA claim: usually within 2 years of the crime, after reporting it to the police.

Reporting duties for employers (RIDDOR)

Employers must report work-related violence incidents that cause death, specified injuries, or over-7-day incapacitation, and must keep records of over-3-day cases. The work activity must have contributed to the accident.

Compensation: what could you claim?

A) Civil claim (against employer/occupier)

You can recover:

  • General damages for pain, suffering and loss of amenity (valued using the Judicial College Guidelines).
  • Special damages such as loss of earnings, treatment, therapy, travel, care and support, and damaged items.

Illustrative totals (civil):

  • Retail worker, fractured wrist + 8 weeks off: general damages (fracture category), plus ~8 weeks’ net wages, physio/travel, and possible counseling—often five-figure overall depending on recovery and earnings.
  • Nurse, facial scarring + PTSD symptoms: general damages across two heads (scarring and psychiatric), plus phased return losses, therapy and future treatment—mid- to high five-figure outcomes in stronger liability cases.

These are indicative only. Valuation depends on medical evidence, recovery time, and your losses.

B) CICA claim (no fault)

  • Tariff-based injury award plus loss of earnings (strict rules) and special expenses.
  • Minimum £1,000; maximum total £500,000. Typical single-injury awards are lower than civil settlements, but CICA helps when no one is civilly liable.

NHS & retail: sector-specific pointers

  • Healthcare: Use care-plan flags, safe staffing, restraint protocols, safe rooms, and body-worn video where appropriate. NHS’s Violence Prevention and Reduction Standard sets expectations for boards and managers.
  • Retail & public-facing roles: Dynamic risk assessments for hot-spot hours, security presence, “no lone working” at close, radios/body-cams, and post-incident debriefs. Government policy is creating a new offence for assaults on shop workers; criminal proceedings can run alongside your civil or CICA claim.

People Also Ask

Q1. Can I claim if a patient with dementia assaulted me?
Yes. Employers must still assess and control foreseeable risks from patient behaviour and train staff accordingly. If controls were lacking, a civil claim may succeed; otherwise CICA is available.

Q2. Do I have to “sue my employer”?
Practically, claims are handled by the employer’s insurer. You’re enforcing legal rights, not punishing colleagues.

Q3. What if I was lone-working off-site?
Your employer still owes a duty to plan safe lone work, including comms, check-ins and buddy systems. If you were hurt on a third-party site, you may also claim against the occupier.

Q4. No witnesses—can I still claim?
Often, yes. Police records, CCTV/body-cam, incident logs and medical notes can prove what happened.

Q5. Should my employer report the incident to HSE?
They must do so if it causes over-7-day incapacity, a specified injury, or a fatality. They must also record over-3-day injuries.

Free checklist for your case file

  • Crime reference number
  • Accident book entry and RIDDOR reference (if applicable)
  • Names of colleagues/security who attended
  • CCTV/body-cam preservation request
  • GP/A&E records and referrals
  • Wage slips and rota for loss of earnings
  • Receipts for travel, meds, counselling

Ready to start your claim?

At National Claims, we’ll:

  • Listen and map the best route (civil claim vs CICA) for your situation.
  • Connect you with experienced solicitors who know violence-at-work cases in healthcare, retail and public services.
  • Protect the deadlines, secure evidence early, and push for the maximum compensation you deserve.

Start your claim or request a callback. It’s quick, confidential, and you’ll know exactly where you stand.

Trustpilot

We’re proud of our excellent customer reviews

We thrive on delivering exceptional service and ensuring our clients’ satisfaction. Don’t just take our word for it. Check out some of our independent reviews to see what our clients have to say.

Excellent

Trustpilot

Share:

Facebook
Twitter
Pinterest
LinkedIn

Find out if you have a claim

Get free, no obligation help from a claim specialist.

Related News

Hassle-free claims process

Our expert panel of solicitors can typically confirm almost immediately whether your claims application is likely to be successful and also give you an indication of how much you could potentially claim for.