£26,000 settlement secured by Fosters Solicitors for carer assaulted at work

Fosters Solicitors were instructed under a no win no fee agreement to obtain damages for Donna-Marie when she was assaulted by a service-user whilst working as a carer, causing her to sustain severe soft tissue and psychological injuries.

Donna-Marie was supported throughout her case by Fosters’ deputy head of personal injury, Chris Turner, who both negotiated the final settlement, and also helped Donna-Marie secure access to some important health support services.

Summary of the assault at work case

Donna-Marie had only been employed for a few weeks before she was placed on a shift working alone with a service user, who had assaulted one of her colleagues the previous evening.

Despite the incident the previous evening, Donna-Marie was left to work alone with the service user for a 10-hour shift. Midway through her shift, the service user suddenly cornered her before grabbing her hair with both hands and dragging her along the ground facedown. Donna-Marie called for help, but her colleagues did not hear her as they were watching a film in another room. Donna-Marie managed to escape the service user and run off, before they caught up with her and tried to drag her back by her hair. At this point, her colleagues became aware of the assault and intervened.

As a result of the incident, Donna-Marie sustained soft tissue injuries to her neck as well as psychological injuries, later diagnosed as PTSD.

Liability was initially strongly denied by the employer’s insurer, which led to medical experts being instructed to prepare reports on the extent of Donna-Marie’s injuries. To aid with her recovery, it was recommended she underwent a course of Cognitive Behavioural Therapy, which Fosters Solicitors arranged promptly.

Based on the evidence provided to them the employer’s insurers eventually accepted liability which just left the issue of the value of the claim. The insurers would not agree to the proposed value of the claim put forward by Fosters and as a result, court proceedings were issued and the claim entered the court system. Thereafter, through months of careful negotiation of offers, counteroffers, and applying appropriate case law, Fosters Solicitors were able to secure damages for the client of approximately £26,000.