Workplace Violence Claims*

Have you experienced violence in the workplace?

It’s an unfortunate fact, but sadly, workplace aggression and violence are a reality for some people in their employment, with some occupations more at risk than others. This is where someone experiences aggressive verbal abuse, threats, or physical assault while performing their job duties.

It can involve any form of physical violence, harassment, intimidation, or disruptive behaviour occurring at the workplace, ranging from verbal abuse to physical attacks and, in extreme cases, even homicide. Anyone in the workplace, whether they are employees, clients, customers, or even visitors, can be affected.

Our team of expert personal injury solicitors are experienced in dealing with workplace violence claims and are here to attentively hear your concerns and provide straightforward legal guidance.

We will ensure you have a clear understanding of your legal position if you’ve suffered a workplace violence incident.

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Occupations at risk of workplace violence (non-exhaustive list)

According to the Health and Safety Authority (2007), certain job roles have demonstrated a higher risk of workplace violence, including:

Providing care, advice, or training:

• Healthcare professionals like ambulance crews, psychiatric nurses, and casualty department staff.
• Social welfare staff and similar public-facing roles.
• Teachers and local authority housing staff.

Working with people with mental disablities:

• Mental health workers.

Working with drunk or addicted populations:

• Prison officers.
• Public house and hotel staff.
• Volunteers in shelters.
• Healthcare staff.

Carrying out enforcement or inspection duties:

• Traffic wardens/clampers.
• Police officers.
• Door attendants at venues, such as discos and nightclubs.
• Park keepers and attendants.

Handling money and valuables:

• Bank, building society, and post office employees.
• Security staff.
• Transport workers, such as bus and taxi drivers.
• Shop assistants.
• Petrol station workers.

Working alone:

• Taxi drivers.
• Home visitors, such as domestic assistants, milkmen, meter readers.
• Night watch staff.
• Estate agents.

Common claims

Common violence, harassment and assault incidents primarily involve physical assaults and harassment. However claims can also be associated with psychological injuries like post traumatic stress disorder (PTSD). In terms of injuries stemming from violent, harassment and abusive incidents, the most frequent ones are soft tissue injuries, pain or discomfort, and cuts or lacerations.

Common effects of harassment at work

Workplace harassment can have negative effects on someone’s mental and physical health. These include psychological issues like depression, burnout, reduced self-esteem, post-traumatic stress disorder, prolonged duress stress disorder, alcohol abuse, and even suicide.

There can also be physiological consequences, such as elevated blood pressure, an increased risk of coronary heart disease, and various physical health problems like muscular-skeletal disorders and sleeping issues.

However, the impact of harassment goes beyond these psychological and physiological effects. It can also result in interpersonal and familial problems, social isolation, and financial difficulties due to absenteeism from work.

Overall, the toll on individuals targeted by workplace harassment is substantial and it can have a measurable impact on someone’s personal life.

Taking legal action in the case of workplace aggression, violence or bullying can help an individual get some justice and redress to manage the emotional and physical consequences. It can be a way of coping with the ordeal and a means of taking back control of the situation.

How employers can ensure the safety and well-being of employees

The Safety, Health, and Welfare at Work Act, 2005, along with the Safety, Health, and Welfare at Work (General Application) Regulations 2006, mandate that employers prioritise the safety and well-being of their employees. This includes conducting risk assessments and creating a safety statement to:

• identify workplace hazards;
• evaluate the risks associated with violent incidents; and
• implement suitable safety measures.

Employers can significantly reduce the risk of assault by adopting a zero-tolerance policy against workplace violence. This policy should encompass all individuals, including employees, patients, clients, visitors, contractors, and anyone who may interact with company personnel.

Employment Equality Acts

The Employment Equality Acts in Ireland mandate that every employer must take measures to prevent discrimination and harassment within their workplace.

It’s crucial to emphasise that the Employment Equality Acts specifically target workplace discrimination and harassment. Instances of bullying that are not related to these discriminatory factors are not protected under the Employment Equality Acts.

To provide practical guidance for both employers and employees, the Code of Practice on Sexual Harassment and Harassment at Work has been established. Its primary objective is to assist in preventing incidents of sexual harassment and general harassment in the workplace. Additionally, it outlines procedures to effectively address and resolve such issues when they arise.

Employer duty of care to employees

Under the Safety, Health, and Welfare at Work Act 2005, employers have a legal duty to ensure workplace health and safety. This includes preventing, in so far as is reasonably practicable, any improper conduct or behaviour that could endanger employee safety, health, and welfare, as specified in section 8 of the Act.

They must provide information, instruction, training and supervision necessary to ensure, so far as is reasonably practicable, the safety, health, and welfare of employees at work.

As an employee, you are also responsible for not engaging in behaviour that puts your own or your colleagues’ health, safety, and welfare at risk.

Employers are required to take reasonable precautions to prevent actions or omissions that could reasonably foreseeably harm their employees.

Negligence occurs when employers fail in their duty to reasonably protect employees, resulting in harm to the employee. If employers are deemed negligent and the employee suffers harm as a result, they could face legal consequences for the injuries sustained by the employee.

Legal process

If you’ve suffered an injury as a result of another person’s actions, this constitutes a Tort, which is a civil wrong. As the injured party, you have the right to initiate legal action.

Here is some information about the personal injury claims process, and time limits for initiating legal action, if you’ve been injured due to someone else’s actions.

Claiming for harassment or violence in the workplace that resulted in personal injury

To pursue a personal injury claim arising from violence or harassment in the workplace, specific criteria must be satisfied:

• You must have received a diagnosis of a recognized psychiatric illness, such as depression or an adjustment disorder.
• The injury should have been reasonably foreseeable by your employer, and early reporting strengthens your case.
• The personal injury should be directly linked to the workplace.

Meeting these conditions may make you eligible for compensation for injuries resulting from workplace stress or bullying.

It’s crucial to note that, before taking legal action, particularly in the case of harassment, employees should exhaust all available internal remedies.

Employers typically outline grievance procedures in staff handbooks, allowing employees to formally or informally report concerns about their treatment in the workplace. Additionally, all incidents must be reported, and managed in accordance with the HSE Incident Management Framework.

Time limits for personal injury claims

The initiation of a legal personal injury claim is subject to a time limit dictated by the statute of limitations act. Exceeding this limit can result in your claim being ‘statute-barred’ from court. Typically, you have two years less a day from the date of the incident to commence legal action. It’s essential to be aware that there’s a separate statute of limitations rule for assault cases.

Contacting a solicitor promptly after an incident is vital. Delaying can limit your time to file a claim. If you consult a solicitor immediately after an incident, the statute of limitations should not affect your ability to pursue a claim.

Here’s a brief overview of the process

1. Determine the accident date or date of knowledge.
2. Establish the claim time limit expiration date.
3. Contact a solicitor.

Compensation insight

Compensation claims consider various factors related to a personal injury and its ongoing impact on one’s life and earnings. The compensation amount is determined based on these factors:

• Pain, suffering, and reduced quality/enjoyment of life.
• Income loss due to the injury.
• Medical expenses resulting from the injury.
• Future income loss caused by the injury.
• Anticipated future medical costs.

You can use our compensation calculator to get an estimate for your potential compensation for your suffering.

Compensation Claims Estimator | Tracey Solicitors LLP

If you have experienced violence or harassment in the workplace and are considering a personal injury claim against your employer, it’s crucial to promptly report the issues to your employer. By doing so early on, you establish that your employer was aware of the problem, which can be vital in demonstrating that the injury could have been prevented.

If you wish to proceed and file a claim for your injuries and suffering, contact one of our expert Personal Injury Solicitors today.

At Tracey’s we make law accessible to all — regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your situation, phone 01 649 9900 where you can speak with a member of our team straight away, or email ask@traceysolicitors.ie to tell us about your case.

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What do I do if I have been injured at work?

If you were involved in an workplace violence incident, there are a number of steps you should follow:

1. Seek medical attention

   Your health is your wealth and should be your first priority. Immediately after your accident, take a second to assess yourself to determine if you have any injuries. Then check if anybody else was involved in the accident that needs medical attention. If you or anyone else involved has sustained a serious injury, ensure that you contact an ambulance to attend the scene.

   For minor injuries, you must remember that minor injuries where you ‘feel fine’ could progress to more serious injuries in the future which can involve pain and suffering. In this case, it is always better to be safe than sorry and is advisable that you go to your nearest accident and emergency (A&E) or local GP to be checked out.

2. Report the incident

   It is critical to report the incident to management, i.e. a supervisor. It doesn’t matter how small you think the incident may be. By law, accidents at work are required to be reported if the person is injured and can’t perform their daily work tasks for more than 3 days. Make sure to fill out an Accident Report Form. This can be used for reference in any medical examination and will also prevent any similar accidents from happening in the future.

3. Identify any witnesses

   If possible, try to collect the contact details of anybody that witnessed the incident. This may be of use if you do decide to pursue a claim. It is also useful to find out if there is any CCTV in the area where the incident happened.

4. Document the incident

   It is important that you collect all the relevant information in connection with your incident:

   • How it happened
   • Details of any witnesses
   • If there are any CCTV recordings of your incident
   • Take pictures of where the incident happened and anything that was involved in your incident.

5. Speak to a personal injury claims solicitor

   If you are considering moving forward with your claim for any harm sustained, it is advisable that you speak with a personal injury solicitor as soon as possible. If you are proceeding with a claim, the first step will be submitting your claim to the Personal Injuries Assessment Board for assessment. A personal injury solicitor can help you in preparing your application to the Injuries Board and ensure that you follow the process in the correct format, meaning that you can move forward with your personal injury claim quickly without unnecessary delays.

   It is important to remember to keep copies of any expenses that you have incurred as a result of the incident. It is also imperative to retain copies of medical reports or incident report forms where possible as you will need them when making a claim for compensation.

   Here at Tracey Solicitors LLP, we have a lot of experience in personal injury law. We have a team of personal injury lawyers that deal with personal injury and negligence claims. As a professional law firm, we want to ensure we achieve the best possible outcome for you.