Can I claim security guard injury compensation for an assault at work while trying to apprehend a burglar, or are injuries to be expected as part of the job?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
Claims for security guard injury compensation are possible for an assault at work; however you will only be able to make a claim for security guard injury compensation against an employer’s insurance policy if the assault and your injuries can be attributed to negligence on the part of your employer. In order for an employer to be held responsible for injuries sustained in an assault at work, your employer must also have failed in a duty of care to protect you from harm.
Although your job placed you at a risk of sustaining an injury, it is still your employer’s responsibility to keep the risk of injury down to the minimum practical level. You should have been provided with appropriate clothing and personal protective equipment for the job and had the means to call in support to assist you with apprehending burglars. You must also have been provided with the training to enable you to perform your duties safely.
Often security guards are encouraged to chase and apprehend intruders, yet insubstantial training is provided placing them at an unacceptably high risk of injury. If your employer has instructed you to apprehend intruders, your employer may actually be in breach of health and safety regulations. If you have been placed at an unacceptable risk of injury, you will be eligible to make a claim for security guard injury compensation.
All acts of violence in the workplace must be recorded in your employer’s accident book, and you should also report your assault to the Garda. It is unlikely that your claim for security guard injury compensation will be successful if you have not reported the incident to the appropriate authorities. Your injuries must also have been severe enough for you to have sought medical attention. No security guard injury compensation can be claimed for injuries which are not recorded in your medical records.
It is advisable to speak with a personal injury solicitor about claiming security guard injury compensation for an assault at work. There are many factors which can affect your eligibility to claim, and personal ‘contributory negligence’ is often a factor which needs to be considered when making a security guard injury compensation claim. Establishing and proving employer negligence can also be problematic.
After discussing how the assault occurred, a solicitor will be able to determine whether your employer was in breach of health and safety regulations and, if so, you will be advised what you must do next in order to proceed with a claim for security guard injury compensation for an assault at work.