Thompsons Solicitors Scotland secured a £20,000 settlement for a nursery worker who suffered a fractured hip after being assaulted by a young pupil with a known history of aggressive behaviour.
This workplace injury claim was handled by Nathalie Axelsson of Thompsons Solicitors Scotland. Our client was working in an education setting when a young pupil ran towards her at speed and forcefully pushed her to the ground. She suffered a fractured hip, soft tissue injuries and a significant loss of confidence. The case centred on the employer’s failure to properly assess and manage the known risks posed by the pupil’s behaviour. Thompsons pursued the claim and secured £20,000 in compensation.
Our client worked as a nursery worker. Prior to the incident, staff had raised concerns about a pupil’s aggressive and violent behaviour. The behaviour included pushing, biting, hitting, spitting and throwing objects.
The pupil had previously acted violently towards staff, and our client had already experienced a concerning incident involving the child. Staff had asked for additional support and supervision, including one-to-one care, but appropriate measures were not consistently put in place.
Although the pupil received additional support at times, this was not in place when our client was injured.
How the Accident Happened
On the day of the incident, our client was working with other children when she saw the pupil running towards her at speed.
The pupil forcefully pushed her. She fell against a wall and then to the ground, sustaining a serious injury. She had not been interacting with the pupil immediately before the incident and had no warning that she was about to be assaulted.
The child was later sent home, and our client was taken by ambulance to hospital.
Serious Hip Injury and Impact on Daily Life
As a result of the fall, our client suffered a fractured left femur and injuries to her knee and back. She required surgery on her hip and remained in hospital as an inpatient for five days.
Her recovery had a major impact on her mobility and independence. She experienced ongoing pain, limited movement and difficulty walking. At home, she initially needed help from her husband with washing and dressing and continued to require assistance with domestic tasks such as cooking, cleaning and shopping.
The incident also had a wider emotional impact. Our client lost confidence and became increasingly concerned about her safety at work.
Known Risks Were Not Properly Managed
The case focused on the employer’s failure to properly assess and manage a known risk in the workplace.
Staff were aware of the pupil’s behaviour, and concerns had been raised before the incident. The pupil had a history of physical aggression, and staff had asked for additional support and supervision.
Following the incident, one-to-one care was put in place for the pupil. Further training was also provided to staff. These later steps supported the argument that additional measures could and should have been taken before our client was injured.
Thompsons argued that the incident could have been avoided if suitable systems of work, training, supervision and support had been in place at the time.
Thompsons Secures £20,000 Settlement
Thompsons Solicitors Scotland pursued the workplace injury claim on behalf of the client and secured a £20,000 settlement.
This case shows that education staff should not be expected to manage known risks without appropriate support. Where an employer is aware of a risk of violence or aggression, they must take reasonable steps to protect staff from foreseeable harm.
Nathalie Axelsson
Nathalie Axelsson
“Our client was seriously injured in a workplace where concerns had already been raised about aggressive behaviour. Staff working in education and childcare settings deserve to feel safe and supported. This case highlights the importance of proper risk assessments, training and supervision where there is a known risk of violence. We were pleased to secure compensation for our client after what was a very distressing experience.”
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“I found Nathalie friendly, approachable and very professional. Despite me being stressed, she set me at ease and kept me informed at all times. Nothing was too much trouble for her. I am extremely grateful to her.”
Why This Case Matters
Workplace assaults can have serious physical and emotional consequences. In education and childcare settings, staff may face challenging behaviour, but employers must still take reasonable steps to protect them from known risks.
This case highlights the importance of acting on concerns raised by staff. Where there is a known history of aggressive or violent behaviour, employers should assess the risk, provide suitable supervision, arrange proper support and ensure staff have appropriate training.
For our client, the incident caused a serious hip injury, surgery, reduced mobility and a loss of confidence. It also affected her ability to continue in her role.
Injured in an Assault at Work?
Thompsons Solicitors Scotland are specialist personal injury solicitors in Scotland. We help workers pursue compensation after workplace assaults, accidents at work and injuries caused by unsafe systems of work.
We can help with claims involving:
- assault at work claims
- nursery worker injury claims
- education worker injury claims
- workplace violence claims
- failure to manage known risks
- inadequate training or supervision
- fractured hip injury claims
- accidents involving pupils or service users
- personal injury claims in Scotland
- If you have been injured at work through no fault of your own, Talk to Thompsons. Our team can explain your rights, investigate your claim and fight to secure the compensation you deserve.
