UNISON wins compensation for criminal assault

A care assistant for Redcar and Cleveland Borough Council, who had to take medical retirement after being attacked by a resident at an old people’s home in Middlesbrough, has received over £57,000 compensation after an eight year legal battle.

The UNISON member, who cannot be named, was looking after elderly, male residents with difficult backgrounds, including alcoholism and sexual offences.

In a vicious assault, she was repeatedly hit and kicked by the man as she tried to attend to him in his room. She was unable to reach the alarm but eventually escaped into the dining room, all the while being followed and attacked by the resident.

She suffered bruising and swelling to her legs and shoulder. But was so traumatised by the attack in 2002, that she was unable to return to work and eventually accepted medical retirement.

She remains on anti-depressant medication and is limited in her ability to find employment, as she can no longer cope with frontline contact with the public.

UNISON backed the woman’s claim for compensation from the Criminal Injuries Compensation Authority (CICA). A civil claim against Redcar and Cleveland Borough Council was not possible because her attacker had no history of violence and the attack could not have been foreseen.

The CICA initially offered just £26,000. But its appeals panel increased the award, after accepting evidence that the injured woman would have been promoted to a managerial role, if the assault had not happened.

Dave Prentis, General Secretary of UNISON, said:

“This was a frightening and unexpected attack, which has clearly traumatised our member. It highlights the dangers faced by people working in the care services on a daily basis. Our member’s career has been ended by this attack and it was only right that we persisted with her case and secured the maximum amount of compensation possible to reflect her loss of earnings and pension.”

Diane Davison from Thompsons Solicitors said:

“This was not a case where we can point blame at the employers as the incident was totally unforeseen. But this woman was the victim of a criminal attack in the course of her work and she is pleased with the award secured from the CICA Appeals Panel.”