Thompsons secured £15,000 in compensation for a care worker who suffered a serious chest injury after being assaulted by a resident while working at a children’s residential facility. The claim was pursued by our personal injury solicitors after the worker’s union referred her to Thompsons following the incident in December 2019.

What happened

The site of the workplace accident was a residential care home which housed four children. At the time of the incident, she had been employed at the facility for around three months.

On the day of the assault, she arrived at the home to begin her shift and found the house in significant disarray following a disturbance earlier in the day.

Later that evening, the claimant and a visiting supervisor went to the bedroom of one of the children involved in the disturbance. The resident, a 13-year-old girl, had a history of violent and disruptive behaviour.

As the supervisor attempted to enter the room, the resident tried to escape. While pushing past the claimant, she punched her on the left side of the face.

The supervisor then attempted to restrain the resident on the bed. As the claimant tried to hold the girl’s wrist, the resident kicked her in the chest using both feet.

Following the incident, the claimant contacted the police.

Injuries and Impact

The claimant sustained a chest injury during the assault.

She attended Ninewells Hospital where X-rays confirmed that she had suffered a fractured sternum. She also experienced significant bruising and pain following the incident.

In addition to the physical injury, she experienced panic attacks and nightmares related to the assault.

Her GP signed her off work for three weeks and she lost earnings as a result. By April 2020, she had still not been able to return to work.

The resident involved in the incident was later charged with actual bodily harm.

What went wrong

The claim was pursued on the basis that appropriate procedures had not been followed when attempting to restrain the resident.

The resident had a known history of violent behaviour. It was argued that suitable control measures should have been in place and that a suitable and sufficient risk assessment had not been undertaken.

It was also alleged that the supervisor did not follow specific training techniques which could have helped manage the situation safely, and that the approach taken escalated the incident.

Legal Approach

Thompsons Solicitors Scotland pursued the claim against the claimant’s employer.

The case was brought with reference to Regulation 3 of the Management of Health and Safety at Work Regulations 1999, which requires employers to carry out suitable and sufficient risk assessments.

Liability for the incident was ultimately admitted by the defender.

Outcome

The defender initially offered £10,210 in compensation to settle the claim. After discussing the offer with the claimant, Thompsons advised that it should be rejected.

Court proceedings were then raised.

A further offer of £13,000 was made by the defender, which was also rejected following discussion with the claimant. Thompsons then put forward a counter-offer of £20,000.

The defender subsequently increased their offer to £15,000.

Thompsons secured £15,000 in compensation for the claimant, and she confirmed she was happy to accept the settlement. The case concluded on 12 August 2022.

What this case shows

This case highlights the risks faced by workers in care environments and the importance of employers carrying out proper risk assessments and ensuring staff are supported with appropriate procedures and training.

Employees who are injured while carrying out their duties may be entitled to pursue compensation through accidents at work claims. Thompsons can often assist clients through the claims process under a No Win No Fee agreement.

Anyone seeking advice following a workplace injury can contact Thompsons to discuss their situation.