Last updated on November 26th, 2021
If you have been assaulted at work by a manager, you may be eligible to pursue a personal injury claim for compensation.
Nobody ever expects to be assaulted at work, least of all by a manager. In any workplace, managers are expected to behave professionally at all times and set an example for all the employees working under them. They are also responsible for ensuring the welfare of their employees and protecting them from inherent dangers in the workplace. This includes being bullied or assaulted at work.
What Is Considered Assault At Work By A Manager?
Assault in the workplace can take many forms. It can be physical, mental, or sexual.
Types of physical assault by a manager in the workplace include:
- Slapping, kicking, biting or scratching
- Punching somebody in the face causing a broken nose
- Spitting at an employee
- Pulling an employee’s hair
- Attacking with a weapon
- Setting a guard dog on an employee
Forms of verbal abuse include:
- Threatening demotion or getting sacked for not giving in to their unreasonable demands
- Making racial slurs
- Calling an employee names that may be derogatory towards their gender, culture, sexuality, or some other personal characteristic
- Threatening some sort of violence
- Staring menacingly at an employee
- Sending out offensive notes or creating offensive graffiti about an employee
Forms of sexual abuse include:
- Touching an employee inappropriately
- Pressuring an employee into going on a date or performing a sexual act in exchange for a promotion or job offer
- Soliciting sex from an employee in exchange for a promotion or a job offer
- Threatening an employee’s career or blackmailing them with other consequences if they refuse their sexual advances
- Making sexual comments about an employee either within earshot or to other colleagues
- Sending sexual material to an employee
- Exposing sex organs to an employee
Consequences Of Being Assaulted By A Manager In The Workplace
Being assaulted by a manager in the workplace can have major consequences that spill over into your personal life. While the injuries from being physically assaulted may be immediately obvious, the invisible injuries from being verbally or sexually assaulted are no less serious.
The thought that you have to go keep going back to work and interacting with your tormentor can be extremely stressful. This persistent stress can take a toll on your health, resulting in conditions that may range from headaches and stomach aches to high blood pressure and diabetes. The stress can also make you more irritable and short-tempered in your interactions with family and friends, resulting in the loss of a crucial support system when you need it most. Many people who are assaulted at work experience PTSD symptoms and need long term counselling to help them feel okay again.
What You Should Do Immediately After Being Assaulted By A Manager At Work
Staying safe should always be your topmost priority and the only way to stay safe is to remove yourself from the immediate area. Try not to go to an area where you’ll be alone. Staying in a general area is safer and you will also have witnesses should the manager decide to continue harassing you.
If you were physically assaulted and have injuries, seek medical attention at the earliest even if your injuries appear minor. You want to make sure that you do not have any invisible internal injuries that can be fatal. If you decide to pursue a compensation claim this will help as evidence.
Another crucial step is to file a written report with details of the assault in the workplace accident/logbook, which is usually kept in the HR department or in the manager’s office. Make sure the report has details of the time, date, and place of the assault as well as the incidents preceding and following the assault. If there were any witnesses, ask for their details too. Make sure you get a signed copy of the report so that it does not ‘disappear’ mysteriously as they sometimes do.
If for any reason you do not manage to file a written report, send an email to a senior manager along with a copy to the HR department. This helps to create a record, which will also help to strengthen your compensation claim.
If there is CCTV in the workplace, ask to see a recording and obtain a copy if the incident was captured on video.
Claiming Compensation For Being Assaulted At Work By Manager
If you believe you could claim compensation after being assaulted at work by a manager speaking with a personal injury solicitor can be crucial. A personal injury solicitor will help you understand your legal rights and what you can should and shouldn’t do following an assault by a manager. Most personal injury solicitors offer a free consultation so they can assess the merits of your case after discussing what happened and looking over whatever evidence you might already have.
If the solicitor concludes you have been assaulted at work by a manager and therefore you have a strong case, they will advise you to proceed with filing a claim for compensation, typically using a No Win No Fee agreement. A No Win No Fee agreement is a type of legal contract between the solicitor/their law firm and yourself. A typical No Win No Fee agreement essentially states that all the legal costs of your claim will be covered while it is in progress without requiring you to pay any fees upfront. You would only pay a fee (calculated as a set percentage) if you win your claim and are awarded compensation, and you would not pay anything if the claim was lost.
What Can You Claim For If You Are Assaulted At Work By A Manager?
As with all assault cases, you can claim for general damages and special damages. Essentially general damages is compensation for the pain and suffering caused by the assault. Special damages include your actual expenses and losses. This can include your medical expenses, loss of income if you were unable to go to work or laid off unfairly, cost of counselling and any other expenses associated with the assault and treatment. When you have a personal injury solicitor dealing with your compensation claim, they will make sure to claim for the maximum amount of compensation that is due to you.
If you were assaulted at work by a manager and would like to discuss a compensation claim with a personal injury solicitor to determine your legal rights, please contact us for a free consultation.