This guide will explain how you can seek compensation for sexual assault at work. An assault in the workplace can result in you sustaining both physical and psychological injuries of varying severity.
You may be eligible to make a claim for the harm you’ve sustained as the result of a crime of violence. In this article, you can see examples of compensation for victims of sexual assault, alongside information on how to start the claims process.
Our advisors are available at any time that suits you to provide you with free legal advice. We can also connect you with a No Win No Fee solicitor to legally represent you with your claim if we can see a chance of success. Continue reading to learn more.
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Choose A Section
- Can I Claim Compensation For Sexual Assault at Work?
- Are You Eligible to Claim For Assault at Work Compensation?
- What Is The Time Limit When Claiming For An Assault at Work?
- What Evidence Can Help Me Claim Compensation For Sexual Assault at Work?
- How Much Compensation For Assault at Work? – Potential Compensation Amounts
- Why Use Our Panel of No Win No Fee Solicitors?
- Read More About Claiming Compensation For Sexual Assault at Work
There are three potential methods when claiming compensation for sexual assault at work. If your employer’s negligence led to the assault, you could make a claim against them. You may also be able to claim directly against the perpetrator, Otherwise, you can claim for criminal injury through the Criminal Injuries Compensation Authority (CICA).
In order to claim against the individual directly, you would need to know who they are and they would need to have the assets available to compensate you themselves. To make a claim against your employer, then their negligence would need to have led to the incident, for example, if you were a lone worker when you should have been accompanied by another employee for your safety.
If you cannot claim through either of these channels, then you may be able to claim through the CICA. This is an executive agency that receives sponsorship from the Ministry of Justice. They can award compensation to victims of violent crimes in England, Scotland and Wales.
We will discuss these terms in more detail further in this guide. If you need more support to seek compensation for sexual assault at work, reach out to our team today.
In the workplace, your employer owes you a duty of care, which is set out in the Health and Safety at Work etc. Act 1974. This outlines that your employer must take all reasonable steps to ensure that you are safe. If they are negligent, breaching this duty of care and causing you harm, you may have grounds to claim compensation for sexual assault at work.
For example, you may work in a role in which you interact with the public and are vulnerable when doing so, meaning that you should be accompanied by another worker, but your employer failed to do this. Alternatively, another colleague may have been making threats toward you that were not taken seriously by management.
In order to claim through the CICA, your case needs to meet certain criteria. It must have happened in England, Scotland, Wales or another “relevant place”. Furthermore, it must have been reported to the police and you must have been injured because of a crime of violence.
Both physical and psychological injuries can be compensated for. Speak with an advisor for more information on how much you could receive.
You generally have three years to claim against your employer or directly against the person who assaulted you, unless certain exceptions apply.
If the victim is unable to make a claim themselves as they lack the mental capacity to do so, the time limit will only begin in the event that they recover. A claim can commence before this if a litigation friend claims on the injured person’s behalf.
A litigation friend can also claim on behalf of someone under the age of 18 who has been the victim of sexual assault. Otherwise, the three-year time limit will start on the date of their 18th birthday, and they can make a claim for historical abuse.
The time limit for criminal injury claims is two years, and this runs from the date the incident was reported to the police, which is usually straight away. However, if there was a delay in either reporting or claiming for the incident, and extenuating circumstances apply, then the CICA may allow a claim to be made outside of this window.
Contact us today to see if you are within the time limits to claim compensation for sexual assault at work.
The evidence you need can differ depending on how you intend to make a claim. If you’re claiming against your employer or the assailant directly, you can provide:
- Witness statements
- A diary illustrating how you’ve been impacted by the incident both physically and emotionally
- Medical evidence such as hospital records and prescriptions
- Photographs of your injuries, if applicable
In CICA claims, it will be the police that ask for evidence of the crime taking place. The CICA and the police will liaise to confer notes and evidence. You will need to provide the following information to the CICA is:
- Proof that you meet residency requirements
- A police reference number which you can get when informing the police of the criminal injury
- Details of any financial losses to be included in your claim
When seeking compensation for sexual assault at work, it is important to have an idea of what your claim is worth. If you’re claiming employer negligence, the Judicial College Guidelines (JCG) provide figures relating to the pain and suffering that your injuries have caused; legal professionals refer to these when valuing claims. We’ve included some examples of compensation brackets listed in the JCG below.
|Severe Sexual or Physical Abuse
|£45,000 - £120,000
|Injuries will impact the injured person’s ability to cope with work and education and maintain personal and intimate relations.
|Moderate Sexual or Physical Abuse
|£20,570 - £45,000
|The abuse is serious though psychological reactions are limited, with a good prognosis overall.
|Less Severe Sexual or Physical Abuse
|£9,730 - £20,570
|Any abuse is short-lived with mild psychological effects persisting.
The CICA have their own tariff of compensation relating to criminal injuries. You can see some examples in the following table.
|Resulting in a severe mental injury that causes permanent disability
|Resulting in a moderate mental injury that causes permanent disability
|That causes serious injuries to the inside of the body
|Where one or more attackers perpetrate a period of frequent, severe abuse that lasts for 3 years or more
|Where one or more attackers perpetrate a period of frequent, severe abuse that lasts for up to 3 years
|Severe sexual acts that occur over clothing and do not include penetration
|Serious sexual acts that occur over clothing and do not include penetration
|Minor sexual acts that occur over clothing and do not include penetration
|Non-consensual penetration of vagina, anus or mouth
|By two or more attackers
|Non-consensual penetration of vagina, anus or mouth
|By one attacker
Our advisors can supply you with a more accurate estimate for your claim. Simply get in touch for free legal advice.
What Other Losses Could I Claim For After Suffering An Assault at a Workplace?
You can also claim special damages when making a direct claim against the perpetrator or your employer. This includes any financial losses incurred as a result of the assault. For example:
- Travel costs to and from hospital appointments
- The cost of prescriptions
- Loss of earnings if you took time off work with injuries
To claim special damages, you must provide evidence, including bank statements and receipts.
In CICA claims, financial losses are referred to as special expenses. These must be reasonable, necessary and caused directly by the crime of violence you’re claiming for. You can only claim for financial losses if you have lost earnings or the ability to work for more than 28 weeks. Expenses that this bracket covers are:
- Property or equipment that needs replacing after being damaged (e.g. walking aids and dentures)
- Medical costs
- The cost of care which you rely upon after being injured
- Loss of earnings (this will only be compensated from the 29th week onwards, while other special expenses can be backdated)
If you’re unsure about any of these conditions for claiming compensation for sexual assault at work, why not give our team a call? They will be happy to offer you free legal advice.
No Win No Fee agreements allow you to work with a solicitor without paying any fees upfront or for the duration of your claim. Under a Conditional Fee Agreement (CFA), which is a popular form of No Win No Fee, you are only required to pay your solicitor in the event of a successful claim. They will take a fee from your settlement total, which will be calculated as a legally-capped percentage.
There aren’t any payments to make them upfront or as they progress working on the claim. And in the event that you’re not awarded compensation, you don’t pay them for their services.
Contact our team today to find the best sexual abuse claims solicitors.
Want a Free Consultation? Contact Us Today
Our team of advisors can handle any queries you have about making a compensation claim for this kind of violent crime. Furthermore, if your case has a good chance of being successful, they could connect you with a No Win No Fee lawyer from our panel.
To get in touch, you can:
- Call us using the number at the top of the page
- Speak to an advisor instantly using the live chat
- Ask your questions using the contact form
Thank you for reading our guide on claiming compensation for sexual assault at work. We’ve included some links below that you might find useful:
- See the government website for information on Statutory Sick Pay (SSP).
- The NHS offer a guide for help after rape and sexual assault.
- You can see how to report a rape or sexual assault on the government website.
Writer Jess Alba
Publisher Fern Scrimshaw