Learn How To Claim For Sexual Abuse At Work
This guide explores the eligibility criteria to claim for sexual abuse at work. There are two methods of claiming compensation you could pursue. The first is called a criminal injury claim, where you claim through a government agency as the victim of a violent crime. The second is known as a vicarious liability claim, which is made against your employer if their negligence contributed to the abuse.
We explain how both these methods work, as well as the evidence you will need to provide for each. You will also see information on how sexual abuse compensation figures are reached, including two guideline compensation tables to aid your understanding.
We end this guide by focusing on the No Win No Fee arrangement offered by the criminal injury solicitors on our panel, and how instructing a legal representative under such terms will give you various benefits.
To find out more about the claims process or to get a free assessment of your eligibility, contact our advisors using the information given here. Our experienced and dedicated team is available 24 hours a day:
- Call us on 020 8050 2736
- Use the live chat button to quickly reach an advisor.
- Or, complete our claim online form here.
Browse This Guide
- When Can You Claim For Sexual Abuse At Work?
- Eligibility Criteria When Making Claims For Sexual Abuse At Work
- What Do You Need To Make A Sexual Abuse Claim?
- How Much Compensation For Sexual Abuse At Work?
- Why Make A No Win No Fee Claim For Sexual Abuse At Work?
- More Resources About Making A Claim For Criminal Injuries
When Can You Claim For Sexual Abuse At Work?
Sexual abuse can have devastating physical and psychological effects. There are two different methods you could use to claim for sexual abuse at work. These are:
- Making a criminal injury claim through the Criminal Injuries Compensation Authority (CICA) for the criminal injuries caused by the abuse. The CICA is a Ministry of Justice sponsored agency that provides the victims of violent crimes a means of claiming compensation.
- Claiming directly against your employer as a vicariously liable institution as their negligence was a contributory factor to the abuse.
Your employer owes you a duty of care. They are legally required to take reasonable steps to help ensure the safety of workers. This duty is set out under the Health and Safety at Work etc Act 1974. This means ensuring the working environment, facilities, and equipment are safe for employers to operate in and use.
Eligibility Criteria When Making Claims For Sexual Abuse At Work
In order to claim for sexual abuse at work, you will need to meet the relevant eligibility criteria. Depending on the avenue in which you are making your claim will affect the eligibility requirements your case will need to meet.
Claiming Against A Vicariously Liable Party
The criteria for a vicarious liability claim are:
- You were owed a duty of care by your employer.
- Your employer breached this by failing to take reasonable steps to ensure your safety.
- Their inaction contributed directly to the sexual abuse taking place.
As an example, you reported a colleague who had been engaging in sexual harassment and other inappropriate behaviour of a sexual nature towards you to your employer. Your employer did not take any action to address this. The harassment worsened, and eventually, you were assaulted by your colleague.
Additionally, you must ensure that your claim is started within the correct time limit. When making a sexual abuse claim against a vicariously liable party, the time limit works similarly to that of a personal injury claim. This means that you will have 3 years to begin legal proceedings from the date the incident took place. Certain exceptions could be made for those under the age of 18 and those lacking the mental capacity to handle their own proceedings.
Claiming Through The CICA
The criminal injuries compensation eligibility criteria for claiming through the CICA are:
- You were the victim of a violent crime. The Criminal Injuries Compensation Scheme 2012 is used by the CICA to value compensation and evaluate eligible claims. Within the Scheme are examples of violent crimes, which include sexual abuse and physical assault.
- That crime occurred in England, Scotland or Wales, or another relevant place.
- The crime was reported to the police.
Additionally, your claim must be started within the correct time limit. CICA claims are usually subject to a time limit of 2 years from the date of the incident. However, certain exceptions to this time limit could be considered on a case-by-case basis, such as those for historical sexual abuse, for example. Additionally, the time limit works differently for those criminally injured under the age of 18.
To find out more about how long you have to claim criminal injury compensation or a free assessment of your eligibility to claim, contact our advisory team today. They may also put you in contact with a solicitor on our panel.
What Do You Need To Make A Sexual Abuse Claim?
In order to claim for sexual abuse at work, you will need to provide some supporting evidence. We have provided evidence examples for both criminal injury and vicarious liability claims here.
Evidence For A Vicarious Liability Claim
When making a claim for sexual abuse at work against a vicariously liable party, some examples of the evidence you could collect include:
- Medical evidence of any physical injuries suffered and the treatment you received following the assault, such as your medical records.
- Keeping a diary during this care is a good way of showing the physical and psychological effects both the assault and the treatment had on you.
- If you are suffering from psychological distress, session notes from your therapist can also be useful evidence.
- Witness statements from those who witnessed any sexual harassment at work. Claimants do not take statements themselves, these will be taken later in the claims process by a legal professional. Make sure you have the contact information for any potential witness.
Evidence For A CICA Claim
For a CICA claim, you will only need proof you meet the residency requirements and your crime reference number from when the police report was made. You should also provide relevant medical documents and proof of any special expenses. Any additional information or evidence the CICA may need in relation to your claim, they can liaise with the police for this.
Working with a solicitor when gathering evidence could be of considerable help to you. An experienced legal representative can make sure you collect a thorough body of evidence, as well as provide support throughout the claims process. Contact our advisors today to see whether a solicitor on our panel may be able to help you with your claim.
How Much Compensation For Sexual Abuse At Work?
Now we have examined the eligibility criteria to claim for sexual abuse at work, this section looks at the financial compensation that could be awarded if your claim is a success. Compensation settlements for a successful claim against a vicariously liable party can be made up of two different heads of loss. These are:
- General damages, which awards for the physical and psychological harm you have experienced.
- Special damages, which aims to compensate you for the monetary losses your injuries have caused you to experience. We will discuss this in more depth later on.
Those assigned with valuing your claim for general damages can refer to your medical evidence alongside the Judicial College Guidelines (JCG).
This detailed publication provides guideline compensation figures for various types of harm, we have used some of these figures in the table below. It should be noted that the top entry is not a JCG figure.
Vicarious Liability Compensation Table
This table has been included to act as guidance only
| Type of Harm | Severity | Compensation Guideline | Notes |
|---|---|---|---|
| Multiple Very Serious Injuries As Well Significant Financial Losses | Very Serious | Up to £500,000 | Multiple very serious injuries as well significant monetary expenses such as counselling and care needs, lost wages and medical expenses |
| Sexual and/or Physical Abuse | Severe (a) | £109,830 to £183,050 | Serious and prolonged abuse together with severe psychiatric harm. There will be serious effects on daily life and personal relationships |
| Moderately Severe (b) | £54,920 to £109,830 | Serious abuse and severe or moderately severe psychological injury. Prognosis will be good despite the seriousness of the effects at the bottom of this bracket. | |
| Moderate (c) | £25,100 to £54,920 | Cases involving less serious abuse with a less severe psychiatric injury. The effects on day-to-day life will also be lesser. | |
| Less Severe (d) | £11,970 to £25,100 | A lower level of seriousness with psychological effects that are quickly resolved. There will be few aggravating features. |
Special Damages In A Vicarious Liability Claim For Sexual Abuse At Work
As we touched on above, you could receive compensation for the financial losses you incurred as a result of the abuse suffered under special damages. Below you’ll see some potential costs you could claim compensation for:
- Loss of earnings from time taken off work to recover after the assault.
- Medical expenses such as the cost of therapy.
- Care costs for support in your home.
Claiming special damages will require you to submit some proof of these losses. Remember to retain copies of your payslips, any invoices and other documents that show these losses.
Compensation In Successful CICA Claims
If you make a successful claim for sexual abuse at work through the CICA, you will be awarded compensation for the physical and mental harm you have suffered.
How much you are awarded will be valued in line with the tariff of injuries listed within The Scheme. This tariff is fixed, meaning the value listed next to the injury is the exact compensation you will receive.
Criminal Injury Compensation Table
The examples of CICA payouts given here are for guidance only, as every claim is assessed individually.
| Type of Injury | Compensation Value | Notes |
|---|---|---|
| Multiple Very Serious Injuries As Well As A Loss Of Earnings And Special Expenses Payments | Up to £500,000 | The victim will have sustained multiple very serious injuries as well as incurred a loss of earnings and significant special expenses such as administrative costs, care expenses and damage to personal aid equipment. |
| Sexual Assault (where to victim is of any age) | £27,000 | Sexual assault that results in severe and permanently disabling mental illness. |
| £22,000 | Sexual assault that causes serious internal bodily injuries. | |
| £1,000 | Non-penetrative acts over clothing. | |
| Non-Consensual Penile Penetration (where to victim is of any age) | £44,000 | Non-consensual penile penetration of the anus, vagina or mouth that causes serious internal injuries and permanently disabling severe mental illness. |
| £22,000 | Non-consensual penile penetration that causes serious internal injury. | |
| £16,500 | A pattern of repetitive incidents up to 3 years. | |
| Other Payments | £11,000 | Infection with a sexually transmitted infection other than Hepatitis B, C or HIV that causes permanent disability |
Special Expenses And Loss Of Earnings In CICA Claims
The CICA also consider claims for special expenses. Some examples of the things you could receive under special expenses include:
- Any physical aids damaged in the incident, such as your glasses.
- Special equipment needed to cope with your injuries, such as a wheelchair.
- Care costs relating to your bodily functions and meal preparation.
However, these costs must have been directly caused by the incident. They must also be reasonable, necessary and not available for free anywhere also.
You could be awarded a loss of earnings payment if you have taken time off work due to your injuries. However, certain eligibility requirements will need to be met.
To find out more about the compensation that could be awarded following a successful claim for sexual abuse at work, talk to one of our advisors. Our team is available at any time using the contact information provided below.
Why Make A No Win No Fee Claim For Sexual Abuse?
In addition to answering your questions, our friendly team of advisors can assess the eligibility of your claim for sexual abuse at work. If our advisors decide you have valid grounds to seek compensation, they could connect you with a specialist solicitor from our highly experienced panel.
Furthermore, the solicitors on our panel generally offer their services under a type of No Win No Fee contract known as a Conditional Fee Agreement (CFA). Instructing a solicitor under a CFA comes with considerable benefits for the claimant. For example, you won’t be paying an upfront fee or any fees during the claims process for the solicitor’s work. You will also not have to pay the solicitor for their services in the event the claim fails.
Should your claim be a success, you will receive compensation. A percentage of this compensation will cover the solicitor’s success fee. And because the percentage success fees can be are legally capped, you will get to keep most of any compensation payout you receive.
You can get free guidance on making sexual assault claims by talking to our advisors. Our dedicated team can also assess your eligibility to claim for free. Reach out to us today using the contact details provided here:
- Call us on 020 8050 2736
- Use the live chat button to quickly reach an advisor
- Or, complete our claim online form here.
More Resources About Making A Claim For Criminal Injuries
You can read some of our other criminal injury claims guides here:
- Read our guide on the average payout for an assault at work by clicking this link.
- See our tips on applying for criminal injuries compensation here.
- This guide explains more about now the criminal injuries compensation authority tariff works.
We have also included these external resources for additional information:
- Read more about the CICA residency requirements on the Government website.
- Charity organisation Victim Support provides a range of services and support to the victims of all types of crime.
- Get help after sexual assault through the NHS.
Thank you for taking the time to read our guide to making a claim for sexual abuse at work. You can get free guidance on the claims process from our advisors. The team can also assess your eligibility to claim free of charge. Get in touch today using the contact information provided above.
