Have you been an innocent victim of an assault on the job and you believe your employer is at fault? If you believe this, you could be entitled to claim compensation in regards to your injuries so you should contact your personal injury attorneys Hamilton immediately.
Workplace Assaults
Whether you have been assaulted by a colleague, manager, customer, patient or your boss, any form of physical violence against you as an employee should be taken seriously within the court of law.
Not only can a workplace assault leave you with physical injuries, but it can also shatter your confidence as a human being and even have psychological damage.
Sometimes assaults in the workplace can be unpredictable that could not be prevented, but certain cases could have been taken by the employer that should have reduced the risk of harm to their employees.
Who Is At Risk
There are of course certain occupations that have a higher risk of assaults on their employees such as a nurse or even a mental health sector because they deal with many patients that have uncontrollable mental health issues.
Other workplaces that might be at risk of assault could include teachers, security guards, police officers, and assistants.
Employers’ Responsibilities
It is of course not possible for an employer to control every action of a person that enters the work location and prevent assaults entirely on their employees, but they do have a responsibility to reduce the risk.
For example, individuals who work with mental health patients or patients that have challenging behaviours should understand they can become aggressive and attempt to assault a staff member. The patient could have a past of violent behaviour, an aggressive nature or become agitated under any circumstance. It is extremely important that the employer recognizes the nature of these patients and understand their needs, medication requirements and behaviour and to regularly monitor the patient so they can make the staff aware of any potential problems.
Below you will find measures your employer should take in order to reduce the risk of assaults on their employees:
• Risk assessments of each employees’ work and their working environment
• Individual assessments of patients/students in hospitals, mental health establishments and schools
• Sufficient staff training which can also include some circumstances training in control and restraint techniques
• Safety facilities where appropriate
• Maintaining the correct staffing levels meaning not leaving employees alone in certain situations
Claiming Compensation
If you have been an unfortunate victim of assault in the workplace, it is extremely important to seek advice from your lawyer immediately.
Dealing with any personal injury claim it is important to show that the individual you are making a claim against owed you a duty of care which was negligent and that you were injured. Your lawyer will be able to collect all the information regarding your assault case and put you in the direction of the best way to proceed.
You also need to remember that in a lot of cases even your employer might be liable for the actions of an employee assaulting someone due to the assailant’s employment.
A lawyer will help you make a successful compensation claim against an employer whether or not it can be proved they are responsible for your injuries.