By Danielle Knowles. Last Updated 7th May 2024. 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.
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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?
- Average Payouts for Sexual Assault In The Workplace
- Why Use Our Panel of No Win No Fee Solicitors?
- Read More About Claiming Compensation For Sexual Assault at Work
Can I Claim 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 the organisation that is 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.
Are You Eligible to Claim For Assault at Work Compensation?
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.
What Is The Time Limit When Claiming For An Assault at Work?
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.
What Evidence Can Help Me 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
Average Payouts for Sexual Assault In The Workplace
Before you start your sexual abuse claim, you may be wondering about the average payout for assault at work. As compensation is awarded based on a claim’s individual merits, knowing the average settlement for sexual assault in the workplace may not benefit you. In this section, we look at how compensation could be awarded in a successful claim for sexual abuse at work.
If you make a successful personal injury claim against either the perpetrator or your employer, your settlement could consist of two parts. These are general damages (for the physical pain and emotional damage caused by the sexual assault) and special damages (for the financial losses associated with the abuse).
Those responsible for valuing claims, such as a sexual assault solicitor or other legal professional, may refer to the compensation guidelines published by the Judicial College (JCG) to help them with general damages.
In the table below, we look at how compensation could be awarded in a successful personal injury claim for sexual assault. The following entries, except for the first entry, have been taken from the 17th edition of the JCG. As all sexual assault claims are different, the table is only for guidance.
| Injury | Compensation | Notes |
|---|---|---|
| Sexual or Physical Abuse and Special Damages | Up to £500,000+ | Settlements could consist of compensation for the physical and emotional injuries and the financial losses, such as lost wages. |
| Severe Sexual or Physical Abuse | £109,830 to £183,050 | Injuries will impact the injured person’s ability to cope with work and education and maintain personal and intimate relations. |
| Moderately Severe Sexual or Physical Abuse | £54,920 to £109,830 | The abuse is serious and the injured person suffers a prolonged psychiatric injury. |
| Moderate Sexual or Physical Abuse | £25,100 to £54,920 | The abuse is serious though psychological reactions are limited, with a good prognosis overall. |
| Less Severe Sexual or Physical Abuse | £11,870 to £25,100 | Any abuse is short-lived with mild psychological effects persisting. |
However, if you make your claim for sexual assault in the workplace through the CICA, your compensation will be awarded in a different manner. Instead of the JCG, compensation for sexual abuse in successful CICA claims is calculated using the tariff of injuries found in the Criminal Injuries Compensation Scheme 2012. These tariffs are fixed amounts. Additionally, you can claim for up to three injuries from the main tariff. These injuries are then subject to the multiple injuries formula, which is:
- 100% of the tariff amount for the injury with the highest value.
- 30% for the injury with an equally high value or second highest value.
- 15% of the tariff for the third or equally valued injury.
There are other payments that are not subject to this formula that you could qualify for. These include payments for if you experienced any of the following due to the crime of violence:
- Losing a foetus.
- Becoming pregnant.
- Contracting a sexually transmitted disease.
In our table below, we have used some of the fixed tariff amounts, aside from the first entry.
| Incident | Notes | Award |
|---|---|---|
| Sexual Abuse, Special Expenses and Lost Income | Compensation could be awarded for sexual assault, lost wages and special expenses, such as domestic help. | Up to £500,000 |
| Sexual assault | Resulting in a severe mental injury that causes permanent disability | £27,000 |
| Resulting in a moderate mental injury that causes permanent disability | £22,000 | |
| That causes serious injuries to the inside of the body | £22,000 | |
| Where one or more attackers perpetrate a period of frequent, severe abuse that lasts for 3 years or more | £8,200 | |
| Where one or more attackers perpetrate a period of frequent, severe abuse that lasts for up to 3 years | £6,600 | |
| Severe sexual acts that occur over clothing and do not include penetration | £3,300 | |
| Serious sexual acts that occur over clothing and do not include penetration | £2,000 | |
| Non-consensual penetration of vagina, anus or mouth | By two or more attackers | £13,500 |
| By one attacker | £11,000 |
What Other Losses Could I Claim For After Suffering An Assault at a Workplace?
As mentioned above, you could also be awarded compensation for related expenses. In a successful personal injury claim, this part of your settlement is called special damages. To claim special damages, you will need to submit proof of your costs, such as receipts and wage slips. You could be awarded compensation for your:
- Loss of earnings.
- Medical expenses, including prescriptions.
- Home help while you recover from your injuries.
- Extra support, such as specialist therapy.
In a successful claim made through the CICA, you could be awarded a loss of earnings payment and special expenses. Special expenses payments are for necessary, reasonable costs that are a direct result of sexual assault in the workplace. For example, supervision costs to avoid substantial danger to yourself or others, or replacement of property that was relied upon as a physical aid damaged in the incident, such as glasses. You must demonstrate to the CICA that you meet certain criteria in order to qualify for a loss of earnings payment.
If you have any questions about how compensation could be awarded, please speak with a member of our advisory team.
Why Use Our Panel of No Win No Fee Solicitors?
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:
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- Call us using the number at the top of the page
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Read More About Claiming Compensation For Sexual Assault at Work
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
