Because being assaulted is never in the job description.
Official figures from the Ministry of Justice have shown that in the 12 months leading up to 1st April 2016, a record breaking 5,243 assaults occurred against prison staff (equal to around 15 assaults on every day).
The rise in assaults comes at a time when the number of prisons qualifying as of ‘serious concern’ to the Ministry has doubled from 3 to 6 since 2015. One such prison is Wormwood Scrubs in Hammersmith and Fulham, and as workplace injury specialists HPW has been assisting numerous individuals affected by at-work violence in receiving their justly deserved compensation.
Using the lessons learned from our successful compensation cases, our specialists have created a guide to assist prison officers and staff who are considering making a claim for their workplace injury.
As of 2008, the Prison Service and the Prison Officers Association implemented a zero tolerance approach to violence against staff. Being injured as a prison officer is never ‘part of the job’ and does not ‘come with the territory’.
As with any employer in the UK, Her Majesty’s Prison Service has a duty of care to minimise the risk of assault in the workplace to its staff under the Health and Safety at Work Act (1974). Historically, victims of assault in the prison service were obliged to claim for assault through the Criminal Injuries Compensation Authority (CICA). Recent changes in the law mean that prison officers and staff can now claim for compensation through Specialist Injury Solicitors such as HPW.
Prison officers and staff benefit from the same rights as any employee to receive compensation for an injury in the workplace. Prison staff are subject to a heightened risk of assault and can claim for injuries resulting from breaking up inmate fights, controlling prison riots, restraining inmates, physical or physiological assault, employer negligence, and any general workplace injury.
Prison Staff can hold Her Majesty’s Prison Service (part of the Ministry of Justice) responsible for an at-work incident, particularly if it can be shown that the service has failed to avoid foreseeable and unnecessary risks. If the MoJ is not deemed responsible for the attack, a claim can still be filed against the CICA.
For serious injuries, such as those that have resulted in paralysis, blindness or brain injuries, specialists can help you claim and achieve the maximum amount of compensation for your injury. It’s vital to act quickly after experiencing a personal injury to make sure that proceedings begin within the legally mandated timeframe.
Specialist solicitors with experience in Prison staff compensation cases, such as HPW, will be able to advise on your potential compensation claim, including workers’ compensation benefits, disability benefits, and early retirement benefits. Specialists will work to recover legal, wage, long-term care and medical costs for clients in the Prison Service.
Our experience in prison officer compensation claims means we understand the importance of physical and mental health to individuals working in the service. To talk about a potential claim or find out more about the legal status of prison staff in relation to assault claims, contact one of our specialist’s today.
Tel: 0208 735 9770
Question not answered? Try looking at our general personal injury claim guide or get in touch.
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