Certain workers such as those in the Health Care sector and Social Care sector are more at risk of injury at work due to assault.

We understand that the National Incident Management System (NIMS) has provided case numbers of workplace assaults on Health Services Executive (HSE) workers, but it would appear that of these cases 70% involved nurses injured in the line of duty. We understand that in 2018 there were approximately 584 assaults on nurses.

Assaults in the workplace can cause physical and/or psychological injuries which then can lower productivity in the workplace.

Some of the higher risk occupations include

• Health care staff and social care workers;
• Prison wardens and paramedics;
• To a lesser extent members of the forces and workers such as taxi drivers.

It is virtually impossible to prevent assaults occuring, however, there is a positive duty on employers to put measures in place to endeavour to avoid assaults, as is reasonably practicable. For instance, if a patient has a history of violence, the employer should ensure the patient is not alone with a nurse. Other personnel should be present to assist. Panic buttons, alarm systems, as well as security screening, could be installed as is necessary. At the least, an employer should give a social care staff member a file, or a briefing, on a resident where there is a risk of aggression/violence which details the care needs of the resident and their history, so as to enable the social care worker to employ the appropriate care steps to avoid such an incident occurring.   

There is an HSE scheme for nurses who sustained Injuries due to assaults in the workplace. Guidelines for the operation of the scheme have been published which detail the eligibility requirements, rules and sick pay entitlements etc. There is also a personal injuries* insurance-based scheme for nurses explained in the HSE HR Circular 04(A)/2008.

This is evidently wrong and unfair, however, can happen. If this occurs a former employee has a right to seek a legal remedy and invoke the provisions of the Unfair Dismissals Acts legislation.

When an employee is dismissed unfairly the employee has the right to seek redress and bring a case to the Workplace Relations Commission. In these circumstances an employee has a right to seek:

• Re-instatement to the position he/she held prior to the date of the termination;
• Financial compensation for a period not exceeding the amount equivalent to a 104-weeks remuneration. 

An employee should note there is a strict legal timeline to commence this action being within six months from the date of the dismissal.

If you have been injured as a result of the actions of someone else, you will have suffered what is termed a Tort, which is a civil wrong, and as an injured party, you will have a right to initiate a legal action which can be a personal injury claim*.

For more information about the personal injury claim* process click here.

There is a limit regarding how long an injured person has to initiate a legal personal injury* claim legal action. This limit is pursuant to the statute of limitations act and if surpassed, it can cause your claim to be what’s termed as statute-barred from the court. One has two years from the date of the incident to initiate the legal action, and there is a separate statute of limitation period rule for assault.

What happens if you get attacked at work?

Being assaulted at work evidently should not happen, but your employer’s response to such a situation is very important and will likely contribute to your feelings about what happened.

Did your employer carry out an investigation is one question to consider?

What sanction or disciplinary consequence did the employer impose if a fellow worker conducted the assault?

If you were in a residential home setting or with vulnerable people, your employer has a duty to you to prepare you with detail in terms of the residents you are going to be working with? You should have received the care plan in advance of working with a new resident, for example.

A person who gets attacked at work may have a civil action option available to them and evidently, assault is prohibited by Section 2, 3 & 4 of the Non-Fatal Offences Against the Person Act, therefore the matter can be referred to An Garda Siochana also.

What should you do if you are being attacked at work?

Evidently, the straightforward answer to this is to get out of the situation and obtain medical care.

What are your responsibilities as an employee?

Section 13 of the Safety Health & Welfare at Work Act 2005 outlines an employees responsibility in terms.

In the context of an assault, if you are the witness to an assault, then the assault should be reported to the employer who may have an obligation to report it to the Health and Safety Authority.

Can you take a case against a co-worker?

If the co-worker assaulted you, you potentially can yes. If you attend with a solicitor, they will also review any liability on behalf of the employer as there is a legal principle called vicarious liability, which involves a scenario where someone else, in this case, the employer, can be held liable for the omission(s) or act(s) of duty of care to the injured employee. Employers have statutory duties and a common law duty of care to ensure the safety of employees in the workplace.

Who has responsibilities regarding safety at work?

Some of the employer’s responsibilities in this post but the short answer is that both the employer and employee have responsibilities for this.

Report the Assault to the Employer

The assault should be reported to the employer. This can be human resources, a manager etc.

Please be advised that the above-mentioned material is intended as an overview and as a broad outline of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.

Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.

Personal Injuries * In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.