Hi I work for a law firm and part of my job is to visit psychiatric patients. Recently I was assaulted by a client who punched me in the neck and then pulled me around the room by my hair. I have now been off work for 8 weeks and my dr believes I am suffering from from post traumatic stress. My employer is not accepting any responsibility and I feel let down and scared to return to that job. Can anyone advise what my rights are I believe my firm were negligent in that I have never had any training on how to deal with potentially violent clients .

Hi kilkenny

Try not to worry, have you contacted Human Resources regarding your concerns?

Here's some information:- http://www.hse.gov.uk/stress/furtheradvice/stressandmentalhealth.htm

Has your employers carried out any sort of prior risk assessment regarding visiting psychiatric patients before this incident happened?

Has there ever been any guidance regarding visiting psychiatric patients?

Hi thanks for your response. I have never had any training and I don't think there was any risk assessment. I have not been asked about details of the incident or offered any practical help or support. My GP won't sign me fit to work and I am now not being paid apart from SSP which I can't survive on. I organised private counselling but due to not being paid I can't afford it anymore. I feel like I have been written off. Have worked there 14 years

Hi sorry forgot to say there is no human resources department.

Hi kilkenny

It is disappointing, there seems to be a total lack of care or concern from your employer, it sounds like a small practice nevertheless you would expect your employer to step up and show some concern.

Contact:- http://www.thesas.org.uk/

Scroll down:-

http://www.lawsociety.org.uk/advice/helplines/

You could bring a personal injury claim against your employer.

Hello there.

Does the practice have a partner who is responsible for HR?

I'm wondering if this would be classed as an accident at work. Was it reported at the time? They don't have any sort of income replacement insurance for employees who are off sick, do they?

HB

You should never have been alone with this person; I understand about legal confidentiality, but then someone from your office should have gone with you. This should have been the outcome of a risk assessment.

You need to ask the employer for a copy of the lone worker policy. If they are sending people into precarious situations, whether they be lawyers or plumbers, then they MUST have a policy regarding lone working. I believe this law all came abut after that poor estate agent went missing all those years ago. After working alone.

A good solicitor will help you.

With regard to having the PTSD - well, I developed this in 2009, through work, only it wasn't picked up on for almost a year. By that time, I was stuck with it, but I manage it quite well. The point I make about it is this - you have had a diagnosis early, and that is vital in the treatment of it, so take all the help that is offered, and ensure you get over it fully. If left untreated/undiagnosed, it can become a permanent disability, which is awful, when if caught and treated within 3 - 6 months, it can be done away with.

Don't let this drop, you've been very wronged here, and you will find that, if you let it, the PTSD will fire you up to be able to show the employer the error of their ways.

Wish you all the luck in the world, and keep posting up because that will help your head as well.

Oh yes, and whilst we are on the subject, before I forget, the first line of fire for you is: Why did I not have any BREAK AWAY training at a reputable establishment? You should have been sent on a day course at a local psychiatric hospital, or similar, and been shown techniques that actually work, to allow you to get away from an attacker - not to "deal" with them, that will never be your job, but simply to get yourself to safety

And one of the first things they show you is how to deal with any miscreant who has got you face down on the floor by the hair! (Anyone ever had a finger bent right back - try hanging on to the hair with that going on!).

Thank you so much for all the replies. I have found a solicitor who is dealing with the personal injury side of things for me on a no win no fee arrangement. he though doesn't think I have a strong case against the firm. The way I see it though is I went to work that day doing my job and I was hurt. had I had training then

A. I would have insisted a member of staff remained in the room

B. asked for a personal alarm

C. Been able to break away

After the attack I rang work and told them. I was simply told to make sure someone escorted me of the building and go home. the next day as my neck hurt I went for a check up and had to have xray and Ct scan. I was then told they thought my neck was broken so I was kept overnight before being given the all clear but since then I have had constant arm pain. my firm blame the hospital and say any personal injury claim should be against them. I think it is both. the hospital also let me down, it took ages for anyone to come to help me and then 3 of them to get her off me. my solicitor has told me my firm have done nothing wrong as training would not have stopped it happening and also that staff had been going to hospitals for years and so it was not reasonably foreseeable. i also know my firm have not changed their procedures and untrained staff still being sent to hospitals, and for this reason I feel I cannot go back but am being forced as can't survive on sick pay and now worried sick about the future. the firm employ over 100 staff. in the time I have been off sick apart from the first two weeks no one in authority has spoken to me and simply say come back when you have a Fit note or if my GP saying phased return then they will consider it. my GP is disgusted and says the way they are treating me is causing secondary stress on too of the attack and urges my firm to help me rehabilitate and so I am stuck between a rock and a hard place ! I have never been on long term sick before and having worked their 14 years expected better than this.

Ask your GP to refer you to your local community hospital/mental health services because you will need to have some Cognitive Behaviour Therapy. Its nothing to be frightened of, but if you can trust the counsellor they will get your brain to think clearly again about what has happened. And that will help you get over it.

I don't know what anyone else thinks on here, but I cannot believe that the firm has no lone worker policy, no training available - and I wonder if Health and Safety would have anything to say about this? Especially as it is still going on. Because, hey, even it wasn't seen as a risk then, it jolly well is now because it has happened, and therefore ought to be the subject of risk assessment everytime someone goes to this place.

Thank you. I totally agree what makes it worse is not being paid is making me feel like it is my fault. Can they cover themselves by saying they are leaving me alone as I am signed off. What I need is some acknowledgement and reassurance that this should not have happened to me and won't happen again. They sent an inexperienced secretary in to another psychiatric hospital 2 days after my attack telling her not to worry she was just there to fill forms in. My GP has referred me but there is a long waiting lust and in the meantime I can't pay my rent or bills. How can this be fair. I have arranged a meeting with my dept head for Friday.

It matters not whether the client is having a visit for a form filling exercise, or to be given the most awful news - the whole point is that we do not know what sort of mood the client is likely to be in, what has happened recently to upset them, and then hey, the next person who walks through the door cops it. And in a psychiatric unit, surely common sense ought to prevail, these people are not well and there is a reason why they are in there. Please don't tell me this was on a secure ward?

I fully understand about the money. I went 12 months from being on a high salary, 6 months on SSP, then the dreaded DWP. I have a partner who works so he was able to support me, but, yes, bills didn'' get paid, I couldn;t drive the car when I wanted, no fuel, had to ration food, everything. Nightmare. But somehow we got through it all, and I came out the winner in the end. But it is hell, especially when you are unwell on top of it all.

Would you qualify for some Housing Benefit and Council Tax Benefits due to your reduced income? Roof over head comes first, avoiding prison neck and neck with it (C/Tax), food (pets first then humans in my house), any non-priority debts just have to be let go and dealt with using all the advice you can get on here. But get through it you will. You'd be amazed what you can do without when its gone, then when the sun shines again you find you don't need it anyway!'

How about getting the ball rolling with a grievance? Because you most certainly have a big one.

When I first became ill, I had a head like a box of frogs, the employer kept hassling me. In the end my Union Rep told them, backed up by my GP, to leave me alone to get better. They got the message eventually. On the other hand I would have expected them to send an e-mail at least to enquire how you are and ask if you need any assistance from them to help you with your recovery.

As to whose fault it is, the facts are that your employer sent you into the arena, totally unprepared, strike one, and then strike two is the hospital - they at least should have been aware that this client was in low mood or whatever, they knew what she was being treated for after all. Help was late in coming. You got injured because of that, physically and mentally.

Another thought, have you reported this attack to the police? You have every right to I believe.

These are only my opinions, and a few things for you to think about. Lots of the chaps on here will help you and correct me I'm sure. Just don't give up, and hang on to those marbles at all costs - you won't like it if they start rolling around your head on a permanent basis!

ooh 'ere another quick thought, moneywise. Have you asked to have your holiday pay? I was on a salary with 28 days holiday a year - 9 months into the illness I read an article on here about holiday pay. You will probably find (check contract) you are entitled to the money equivalent for any holiday you can't take due to illness - I got just over 2 days a month pay which really helped out, but the best bit was they had to pay me about 19 days back dated holiday pay!

Well worth looking into.

hi kilkenny good luck with this.

100 odd employees is not 'small' and so they should have HR, H&S, etc no excuses. also regulated by the law society/sols reg authority.

as you are an employed clerk/paralegal/exec? seems you should have sufficient continuous training, despite a number of years experience.

seems you're looking at employers liability. imo, would seem foreseeable that there could be a risk visiting a criminal and/or mental health client. objective not subjective.

but, you are getting sol advice so hopefully they are good.

Thanks for your response. yes it was a secure forensic unit. I have reported it to the police. the police interviewed her and she told them she was in a bad mood as she was being bullied on the ward and so took it out on me! although I have been doing the job 14 years but recently relocated to a different branch of the firm and prior to that had not dealt with those type of clients. I will do my best to keep my marbles !

Thank you will ask them. I am so sorry you have also suffered ptsd. did this make you physically unwell. I have permanent arm pain but GP says it is anxiety related?

It matters not whether the client is having a visit for a form filling exercise, or to be given the most awful news - the whole point is that we do not know what sort of mood the client is likely to be in, what has happened recently to upset them, and then hey, the next person who walks through the door cops it. And in a psychiatric unit, surely common sense ought to prevail, these people are not well and there is a reason why they are in there. Please don't tell me this was on a secure ward?

 

 

I fully understand about the money. I went 12 months from being on a high salary, 6 months on SSP, then the dreaded DWP. I have a partner who works so he was able to support me, but, yes, bills didn'' get paid, I couldn;t drive the car when I wanted, no fuel, had to ration food, everything. Nightmare. But somehow we got through it all, and I came out the winner in the end. But it is hell, especially when you are unwell on top of it all.

 

 

Would you qualify for some Housing Benefit and Council Tax Benefits due to your reduced income? Roof over head comes first, avoiding prison neck and neck with it (C/Tax), food (pets first then humans in my house), any non-priority debts just have to be let go and dealt with using all the advice you can get on here. But get through it you will. You'd be amazed what you can do without when its gone, then when the sun shines again you find you don't need it anyway!'

 

 

How about getting the ball rolling with a grievance? Because you most certainly have a big one.

 

 

When I first became ill, I had a head like a box of frogs, the employer kept hassling me. In the end my Union Rep told them, backed up by my GP, to leave me alone to get better. They got the message eventually. On the other hand I would have expected them to send an e-mail at least to enquire how you are and ask if you need any assistance from them to help you with your recovery.

 

 

As to whose fault it is, the facts are that your employer sent you into the arena, totally unprepared, strike one, and then strike two is the hospital - they at least should have been aware that this client was in low mood or whatever, they knew what she was being treated for after all. Help was late in coming. You got injured because of that, physically and mentally.

 

 

Another thought, have you reported this attack to the police? You have every right to I believe.

 

 

These are only my opinions, and a few things for you to think about. Lots of the chaps on here will help you and correct me I'm sure. Just don't give up, and hang on to those marbles at all costs - you won't like it if they start rolling around your head on a permanent basis!

Sorry to quote in full, but inspiring post, Jackie&Wayne. Thanks from all of us out here in cyberland. OP: please do contact ACAS with a view to pursuing an ET claim. There are strict time limits.

Your bosses cannot just evade their statutory obligations to you and the mentally ill person. Kick up a stink!

Just be carefull with no win no fee

Sometimes they will only take on cases where there is a guranteeed win and may add fees on top or charge insurance preimiums

Hi

I would be writing to the company and ask for copies of:

1. Lone Working Policy.

2. Risk Assessment for Client.

3. Company policy if Employee assaulted by Client.

Have you logged this in the companies Accident Book?

Hi

 

I would be writing to the company and ask for copies of:

 

1. Lone Working Policy.

2. Risk Assessment for Client.

3. Company policy if Employee assaulted by Client.

 

Have you logged this in the companies Accident Book?

If the OP is instructing solicitors then I wouldn't bother with the above, leave it to the the solicitors to obtain at the appropriate stage.

Just be carefull with no win no fee

 

Sometimes they will only take on cases where there is a guranteeed win and may add fees on top or charge insurance preimiums

I would be a little bit careful listening to this advice.

After the event insurance is important because you don't want to end up being pursued by the Defendant for costs and disbursements if your claim fails at trial. Not everyone is out to pull a fast one.

Also, there is no such thing as a guaranteed win so if your case is rejected then try another law firm as they may take your case on instead. Last time I checked law firms weren't charities so won't take on claims that are without merit or ones that have a slim chance of success.

Law firms are often reluctant to sue other law firms.

Law firms are often reluctant to sue other law firms.

Maybe back in the day but not anymore.

After all it's the law firms employers liability insurance company paying out, not the firm itself.

Ok so having been inspired by all the help I have had on here I met with my firm on Friday to plan return to work. Here is their response -

Did you do a risk assessment ? no

Have you done one now ? no

What about making staff aware of the risks now this has happened to me? - you are over reacting and clearly not well.

I told them I felt let down ? We can't change the way you feel.

Told them I was hurt doing a job for them? We are not responsible once you are out of the office, we cannot cover all eventualities.

When I tried to argue that they were I was described as "excitable, clearly not well, saying nothing different than I said four weeks ago and told to go carry on with counselling.

They have offered that when \I am ready to go back I can start off in a less pressured role with no reduction in salary (to be reviewed in a month)

They did say they were sorry it has happened to me but that it really is nothing to do with them and totally the fault of the hospital.

When I suggested there be guidelines for staff to follow when dealing with potentially violent or aggressive clients , the response again was "you are obviously not well".

In the end I ended up in tears and left the meeting telling them \I would consider their offer.

Please can someone tell me if it is me that is missing the point !