Door Supervisor Assault: Solicitors sets when you claim for personal injury or criminal injury following assault at work
I suffered assault working as a door supervisor causing a fractured jaw and broken nose.
I have had several operations, but still having trouble breathing.
The police investigated and the case went to court. but I was told I was not entitled to any injury claims.
Is this true or can a claim be made for my injuries?
Employer Liability & Criminal Injury Solicitors Response
If your employer (or the establishment where you were working) was in some way at fault for your assault you may have a personal injury claim for your injuries.
We would however need more details about the incident to establish whether there was legal fault.
If there was no legal fault from your employer – you could still consider a criminal injuries claim. A body known as the Criminal Injuries Compensation Authority (CICA) can pay out compensation for injuries as a result of a crime of violence.
The CICA may pay compensation even if the individual was not successfully prosecuted (although a successful prosecution would greatly assist). The test is whether the police confirm to the CICA that they believe a crime of violence occurred.
See our criminal injuries compensation article explaining the criminal injuries claims process.
Please note – Criminal injuries compensation should be available for a broken jaw, but there is a difficulty with recovering compensation for a broken nose. You might therefore wish to point out to the CICA that your broken nose required surgery, you still have difficulty breathing. You should also consider whether you have disfigurement and include any other injuries you might have experienced, such as: loss of sense of taste and smell, head injuries, neck injuries, psychological injury, scarring, etc.
How long do you have to claim compensation?
Please note (at the time of writing) – to make a criminal injuries claim an application must be received by the CICA within 2 years from the date of the crime of violence.