Sexual Assault at Work Claims

Claims against your employer following a sexual assault by a colleague. 

If you have been the victim of sexual assault at work we can help you claim the compensation that you deserve.

Your work should be a place where you feel safe and able to carry out your job without fear of harassment or assault by your colleagues or management. If you are subject to an assault while at work we can help you claim compensation not only for any physical injuries but also the resulting stress and upset as well as all resulting and relevant financial losses such as lost income and the cost of treatment you may require as a result of the assault.

For an incident to be regarded as an assault you do not need to sustain a physical injury; simply touching you in a sexual manner and unwanted manner is sufficient to allow a claim.

Claims can be brought for groping right the way through to forced sexual contact and rape.

To see how we can help get in touch with us today:

  • call Mike Massen on 0113 224 7804. We will listen in complete confidence and give you the best advice on the strength of your claim and how much you may be awarded. We will answer all your questions so that you can decide whether you want to proceed with your claim. If you do; we are here for you and can help.
  • email your contact details with as much information as you want to give us and we will call or email you; just let us know what works best for you. Email us at: RASA@cohencramer.co.uk
  • pop your details in the contact box on the top right of this page and we will get back to you for a free, confidential chat to see how we can help you.

Claiming direct from your employers.

You do not need to bring your claim against the individual who assaulted you; you can do but they may have sufficient money to make payment for both your compensation and your legal costs and, as they will be paying from their own assets, they may seek to defend a claim causing you further distress and upset.

In certain circumstances it is possible to bring a claim against your employers for injury (both physical and mental) and financial loss resulting from a sexual assault by a colleague or manager. As mentioned above there doesn’t have to be any physical injury; unwanted attempted sexual contact can constitute an assault for the purposes of bringing a claim.

We have the knowledge and expertise to advise you as to the possible recovery of compensation from your employers in relation to such an assault.

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Why you should bring a claim against your employer if you can.

There are advantages to bringing a claim against your employer rather than against an individual or to the Criminal Injuries Compensation Authority (CICA).

  • Your employer is likely to have insurance and so there will be little or no problem in enforcing any judgement or award made
  • An employer is more likely to deal with a claim in a professional and unemotional manner so reducing any aggravation and upset you may have in making a claim
  • You are more likely to recover all or the majority of your legal costs leaving you with a larger level of damages
  • You can, when claiming from an employer, claim lost any income from day one of your time away from work whereas the CICA disregard the first 28 weeks of lost income.

When can I bring a claim against my employer for sexual assault by a colleague?

To bring a claim against your attacker’s employer you need to show that there is a link between the attack and the employment of your attacker. It is not enough to show that your attacker was employed by you. There has be a sufficient degree of control and ‘care’ between you and the role/job description of your attacker before the assault.

The best way to look at this is to consider a couple of examples we have dealt with:

  • a woman in her early twenties was taken, by her employees, on a conference that required an overnight stay in a hotel. Her manager plied her with drink and then forced his way in to her room and sexually assaulted her.  The employers admitted liability as there was sufficient proximity between the designated role of the manager and the abuse. Basically he was supposed to ‘manage’ and be responsible for the care and well being of staff members during work related activities and he failed in this role.
  • a woman agrees to go on a date with a colleague of a similar pay grade and position; he sexually assaults her while on the date. The employers would be be liable as the assault was not as a result of the position of the attacker and their employment was incidental to the assault (the victim can still make a claim to the cica or against their attacker on a personal basis)

How can I bring a claim against my employer for sexual assault by a colleague?

If you do chose to proceed with a civil claim against your attacker’s employers you will need to show, on the balance of probabilities that the incident occurred. This is a lower burden of proof than required for a criminal conviction so you may still be successful with a civil claim even if the criminal prosecution failed, or if no charges were brought. Conversely if there has been a criminal conviction then it is very likely that a civil claim will be successful as there is a higher burden of proof for criminal convictions.

Like any civil claim you will be entitled to compensation for any injury you sustained as a result of the assault; this includes psychological damage such as stress, depression or PTSD.

As part of the evidence in support of your claim we will obtain a medical report setting out the impact the incident has had on you as well as any treatment required and prognosis for your recovery.

mike_speech_rasaWe will also look to recover your financial losses such as lost past and future income, as well as any treatment costs, gratuitous care and any other losses arising from the incident.

To see how we can help you claim the compensation that you deserve, get in touch with us today. All calls and emails are in complete confidence and there is no obligation; you don’t even have to give your name.

We offer sympathetic but practical advice:

  • call Mike Massen on 0113 224 7804. We will listen in complete confidence and give you the best advice on the strength of your claim and how much you may be awarded. We will answer all your questions so that you can decide whether you want to proceed with your claim. If you do; we are here for you and can help.
  • email your contact details with as much information as you want to give us and we will call or email you; just let us know what works best for you. Email us at: RASA@cohencramer.co.uk
  • pop your details in the contact box on the top right of this page and we will get back to you for a free, confidential chat to see how we can help you.

Your claim can be dealt with on a No Win-No Fee basis so you don’t have to worry about the cost of bringing your claim.

Here to help when you need it most.q2h_logo

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