Thompsons secured £20,000 in compensation for a care worker who suffered physical injuries and psychological trauma after being assaulted by a resident while working in a care home. The claim was pursued after the UNISON member instructed Thompsons to act on her behalf following the workplace incident.
What happened
The incident occurred in 2019 while the claimant was working at a care home.
During the course of her duties, she was assaulted by a resident. The attack caused injuries to her shoulder, neck and hip and had a significant impact on her wellbeing.
Following the incident, Thompsons Solicitors Scotland intimated a claim to the claimant’s employer. Liability for the accident was admitted, allowing the claim to progress.
Injuries and Impact
Medical examinations confirmed that the claimant had sustained physical injuries affecting her shoulder, neck and hip.
The assault also had a psychological impact. A clinical psychologist confirmed that she was suffering from post-traumatic stress disorder (PTSD) as a result of the incident.
The psychologist recommended a course of cognitive behavioural therapy (CBT), which the claimant completed. Following treatment, she made a good recovery and no longer met the diagnostic criteria for PTSD.
However, the claimant continued to report some ongoing symptoms and was later diagnosed with fibromyalgia.
Legal Approach
Thompsons arranged for the claimant to be examined by a consultant orthopaedic surgeon and a clinical psychologist to fully assess the impact of the incident.
Court proceedings were raised to protect the claimant’s position due to the three-year legal time limit for personal injury claims in Scotland.
After an initial settlement offer of £15,000 was made by the defender, Thompsons reviewed the medical evidence with the claimant and Counsel. Because the claimant continued to report symptoms, a further orthopaedic examination was arranged.
The updated medical report confirmed that while the claimant continued to experience some low-grade neck symptoms, the fibromyalgia diagnosis was not causally related to the workplace assault.
Outcome
Following consideration of the updated medical evidence, Thompsons submitted a counterproposal to the defender.
The defender increased the settlement offer to £20,000.
Thompsons secured £20,000 in compensation for the claimant, which she confirmed she was happy to accept. The claim concluded in September 2024.
Seonaid Brophy
Seonaid Brophy
"This case presented a challenge due to the complexities of separating the client’s fibromyalgia symptoms from those caused by the original incident. However, through careful negotiation and thorough medical investigations, we were able to secure a very reasonable settlement. Our priority was to ensure our client received fair compensation for both her physical and psychological injuries, and we are pleased that she is now able to move forward."
What this case shows
This case highlights the risks faced by care workers and the importance of employers ensuring appropriate safety measures and support systems are in place when staff work with individuals who may display challenging behaviour.
Workers injured during the course of their duties may be able to pursue compensation through accidents at work claims. Thompsons can often support clients through the claims process under a No Win No Fee agreement.
Anyone seeking advice after a workplace injury can contact Thompsons to discuss their situation.
