Employer's duty to prevent foreseeable violence
Section 2 of the Health and Safety at Work etc. Act 1974 and regulation 3 of the Management of Health and Safety at Work Regulations 1999 require employers to assess the risk of violence and take reasonable steps to reduce it. The HSE's guidance on work-related violence is the practical benchmark.
When does an employer become liable?
Where the risk of assault was foreseeable in the role (e.g. lone working, late-night retail, mental health care, transport) and the employer failed to control it through staffing levels, screens, de-escalation training, panic alarms, CCTV, or safe-systems for handling cash and drugs. Liability is established when those omissions caused or materially contributed to the injury.
Civil claim or CICA?
Both can run in parallel. The civil claim is usually the larger because the Criminal Injuries Compensation Scheme 2012 pays a tariff based on a fixed schedule of injuries. CICA is invaluable where the employer is not at fault — for example, a random act of violence — and the worker still needs compensation.
Vicarious liability for assaults by colleagues
An employer can be vicariously liable for an assault committed by an employee where the act is closely connected with the work they were employed to do (see Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11). Our guide on injury by a colleague covers this in detail.
Psychological injury
Psychiatric injury — PTSD, depression, anxiety — is a recoverable head of damage when supported by a CPR Part 35 expert psychiatric report. See psychological injury after a work accident.
Can I claim if the attacker was a customer or patient?
Yes, against the employer if it failed to control a foreseeable risk. Care workers, A&E staff and retail workers are common claimants.
Do I have to report the assault to the police first?
It strengthens both the civil and CICA claim. CICA usually requires the assault to have been reported to the police as soon as reasonably practicable.
Will my employer find out about the CICA application?
CICA is administered separately and need not involve the employer. A civil claim is more public — but most cases settle before any court hearing.
Browse every plain-English guide in the work accident guides hub, or read the main guide to how a claim works.
This guide is for general information only and does not constitute legal advice. Every claim turns on its own facts. For advice about your specific situation, speak to a regulated solicitor. You can find one through the Find a Solicitor service (Law Society) or through APIL.