Legal advice for the victims of rape and sexual assault at work
If you have been sexually assaulted during the course of your work, then you may be entitled to claim compensation from your employers for any physical and psychological injuries arising out of the assault. This right is in addition to any claim you may have against the individual who assaulted you. We know that money cannot undo what has happened but it can help you rebuild your life.
The incident may have occurred at a works 'do', while away at a conference or as part of everyday working life. Whatever the circumstances or location, sexual assault is wrong and you have a right to seek damages for the upset and distress that it can cause.
If it can be shown that the person who assaulted you was in a position to do so because of their position at work we would look to bring the claim against your employer.
The main cause of sexual assaults in the workplace is when a manager who takes advantage of their position to pressure you into a sexual act or to commit an actual assault during working hours or at a works function.
Whatever the circumstances of the assault upon you we are experts at dealing with such claims and have the experience and knowledge to ensure you obtain every penny of the compensation you deserve.
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Your claim for sexual assault at work
We understand that money cannot turn back the clock or allow you forget what has happened but it can help you rebuild your life and show you that the injury and hurt done to you has been recognised.
We can help you claim compensation for any mental or physical injury that results from the assault upon you and, in addition, we will look to recover all your financial losses that have occurred as a result of the attack.
The main financial losses that we see are:
lost income as a result of time from work for recovery and or treatment
the cost of treatment required as a result of the attack
any care provided by family friends. This can be compensated on an hourly rate even if no charge is made. This is known as gratuitous care.
Why bring a claim against your employer?
When bringing a claim for injury it is important to make sure that the other side has sufficient money or assets to cover your damages and legal fees. Normally there will be a policy in place such as car insurance, employer's cover etc that will pay out on successful claims.
In a claim for sexual assault or rape it is unlikely that your attacker will have insurance for a deliberate crime of violence and this could leave you unable to make a claim however, and in certain circumstances, it may be possible to make a claim against the insurers of your attacker's employers if the assault was carried out while your attacker was acting in the course of their employment.
An employer is responsible for the negligent actions and deliberate wrongdoing of their employees if the employee in question was acting in the course of the furtherance or development of the employer’s business; basically if they do something wrong while carrying out their job their employer may be responsible.
Your employer's responsibility for your safety and well-being.
If a manager, senior member of staff, trainer or similar were to abuse their position and sexual assault a colleague then the employer may well be responsible. An example of this is where a junior member of staff is plied with drink while away at a residential conference and is then sexually assaulted by the office manager. In this scenario the victim would have a good claim against their employers under the concept of vicarious liability as the manager had been abusing his position and was carrying out his job of looking after junior staff members in a negligent fashion.
This responsibility for the actions of an employee is known as vicarious liability and can allow you to make a claim for your injuries and financial losses if sexually assaulted at work.
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Your claim can be dealt with on a No Win-No Fee basis