UK solicitor explains how to claim compensation if you have suffered injury as a result of aggression in the workplace when your employer failed to provide adequate support when such incidents were foreseeable.
Public transport work incident question
I work in a large public transport bus depot .
Approximately two years ago whilst working late at night I was confronted by three youths who were extremely aggressive. The work place station protocol if such incidents occur is to use the radio handset to seek assistance from other staff on duty.
Unfortunately the radio handset was defective and I did not obtain any assistance from colleagues. The youths eventually produced knives and threatened me even further and I eventually managed to calm the situation and they left.
At the first opportunity I contacted my supervisor and indicated what had happened and the matter was reported in to the accident book. I was thereafter questioned by various senior members of staff in my place of employ which caused me further stress.
I was unable to work following this incident. I presented myself to the GP and was referred to a clinical physiologist who diagnosed me with post-traumatic stress disorder / PTSD and clinical depression.
I have been unable to work since the incident which occurred two years ago and I have been medically assessed for industrial injury benefit. I have been assessed as suffering post-traumatic stress disorder and clinical depression as a result of the incident, failure of handset equipment and the inappropriate cross examination of officials
Can I claim compensation for my injuries from my employer?
Work injury solicitor response
There are two possible courses of action to claim compensation.
Technically the youths who threatened you with the knives committed criminal assault as you feared for your safety and as such you suffered a crime of violence and would be able to claim criminal injuries compensation from the CICA – criminal injury compensation authority.
The monies paid by the CICA are however relatively limited especially in relation to financial loses and should you attempt to use a lawyer to make your claim no legal costs are paid by the criminal injuries authority and as such your lawyer’s legal fees will be taken from your compensation.
Alternatively it would seem that your employer is legally liable for not providing an appropriate operating radio handset for incidents which are clearly foreseeable for bus station staff especially for late at night when colleagues are not so readily to hand. In addition it seems that you were inappropriately questioned by management staff from your employer and both of these failings have been recognised by the benefits agency for industrial injury benefits.
You have indicated that the incident occurred approximately two years ago. To make a claim for criminal Injuries compensation the claim should be commenced within two years from the date of the incident, but to make a claim against your employer you have three years to start your claim at court.
In addition a claim against your employer will include all of the pain and suffering from your post-traumatic stress disorder and clinical depression, all of your financial losses including lost income both now and in to the future (medical expenses ,travel expenses ,etc.) and the legal fees of a lawyer in pursuing your claim.
You will need the assistants of a specialist work accident lawyer to obtain medical evidence from a clinical physiologist and / or a psychiatrist who is independent and will have access to your GP and hospital notes and will assess you in an examination.
A specialist work accident solicitor will also be able to access all of the documentation held by your employer in relation to this incident, investigations by the health and safety executive and the problems with the defective radio equipment including your workplace’s full protocol of what to do in the event of an aggressive incident.
Post-traumatic stress disorder and clinical depression if verified by a clinical psychologist / psychiatrist can attract large amounts of compensation. To see an example of the amounts of compensation you can be awarded for PTSD – click post traumatic stress compensation amounts.
