Personal Injury Settlement Following Assault on Care Assistant at Work

We acted for a client, in a personal injuries matter against their employer arising from an assault sustained during the course of their employment as a care assistant. Our client was looking after a vulnerable patient and suddenly and without warning he was subjected to a violent attack resulting in significant injuries and loss of earnings.

The matter was successfully resolved by way of settlement, avoiding the need for a full trial. The settlement reflected the employers breach of statutory duty of care under health and safety legislation along with the significant injuries our client suffered.

We acted swiftly to obtain a medical report to accompany our client’s application to The Personal Injuries Resolution Board. Once the report was obtained it was submitted in a timely manner. Throughout the case we provided a supportive environment whereby our client felt heard, validating that while the patient was vulnerable, the assault was a failure of the employer’s system, not a personal failure of the carer. We supported and assisted our client in obtaining psychological treatment. We managed all communications with the employer, Defendants and their insurers, shielding our client from further stress during their recovery period.

This case demonstrates and is a vital reminder that “vulnerability” is not a legal shield for employers. A patients lack of capacity does not absolve an employer of their statutory duty to provide a safe working environment. The compensation secured for our client enabled them to obtain all medical treatment required which resulted in a successful recovery. Our client re entered the workforce following their successful recovery plan.

Read more client stories…