Workers with vulnerable people being denied compensation
Carers assaulted by vulnerable patients or pupils are losing compensation battles because they didn’t report their attack to the police.
Nurses, social workers, teachers and care workers are among those feared to be out of pocket.
It is thought cases collapse because victims treat the incidents as workplace injuries rather than criminal attacks.
However, assaults on staff in the care sector are notoriously difficult to pin on the employer. There is no obligation to always compensate employees for assaults in the workplace.
Experts are now urging victims of any workplace assault to report all injuries to the police as to be eligible for any compensation from a victim's scheme called Criminal Injuries Compensation Authority (CICA) a report to the police is essential.
Kim Leslie, Partner and Specialist Abuse Solicitor at Digby Brown, said: “All workers are entitled to a safe workplace – no person should ever feel that abuse or injury is simply part of their working day.
“We are committed to pursuing cases against employers, where we believe there has been negligence, but often in these cases the employer will do all they can to establish that there is nothing more that could have been done.
"In these cases instances the option of applying for criminal injuries is removed if no report has been made to the police by the worker or their employer.
“Because of the places care workers find themselves in we strongly advise reporting any attack to the police because their only option may be through criminal injury compensation where all other channels fail.”