When Can I Claim For Sexual Abuse At Work?

In this guide, we will look at the steps you can take if you have experienced sexual abuse at work. In some circumstances, you might be able to claim criminal injuries compensation for the harm you were caused by the incident.

Sexual abuse at work

Sexual abuse at work claims

If you suffered sexual violence in the workplace, this article explains the steps you may be able to take to seek damages. In some cases, you may be able to claim through a government executive body called the Criminal Injuries Compensation Authority (CICA). They can award victims of violent crimes compensation in some circumstances.

This guide can help you start a sexual abuse at work claim yourself. It also explains how legal representation could help if you choose to work with a solicitor. Find out more in strict confidence by:

Choose A Section

  1. Can I Claim For Sexual Abuse at Work?
  2. More Information About Claiming Sexual Abuse Compensation
  3. How Much Could I Receive From Sexual Abuse at Work?
  4. Is There a Time Limit When Claiming for Sexual Abuse at Work?
  5. What Potential Evidence Could Help Me Claim for Sexual Abuse in the Workplace?
  6. Why Use No Win No Fee Solicitors?
  7. Learn More About Claiming For Sexual Misconduct at Work

Can I Claim For Sexual Abuse at Work?

The Sexual Offences Act 2003 defines sexual offences. These include rape and sexual assault.

Rape is defined as an incident in which someone penetrates another person in the anus, vagina or mouth using their penis without consent.

If someone penetrates another person in the vagina or anus with a body part or with a foreign object, then this is an example of assault by penetration. The action needs to be sexual in nature in order to be classed as such.

Sexual assault does not necessarily entail penetration. It can involve any unwanted sexual contact. This could be with a body part or with an object.

For more information on the definitions of sexual offences, speak with a member of our team today. They could also offer you free legal advice about claiming if you’ve experienced sexual abuse at work.

More Information About Claiming Sexual Abuse Compensation

If you’ve experienced sexual abuse or assault at work, then you might be eligible to claim compensation. The channel through which you do this can depend on the circumstances surrounding the incident.

Under the Health and Safety At Work etc. Act 1974, your employer has a responsibility to take all reasonable steps to ensure your safety while you are working. If they failed to do this, and you experienced assault as a result of this, then you could be entitled to claim.

In some cases, you may be able to claim against the party that caused your injuries. In order for you to do this, they would need to have been identified and would need to have the money available to compensate you themselves.

If neither of these methods of claiming compensation is applicable, then you could be entitled to apply for criminal injuries compensation through the Criminal Injuries Compensation Authority (CICA). The CICA is an executive government agency that awards compensation to victims of violent crimes that occur in England, Scotland or Wales.

For more information on what the most appropriate channel of claiming could be for you, speak with an advisor today. You could be connected with a No Win No Fee solicitor from our panel if you have a valid claim for sexual abuse at work.

How Much Could I Receive From Sexual Abuse at Work?

Compensation settlements can be valued differently depending on the channel through which the claim is being made. If you’re claiming directly against the perpetrator or against your employer for the harm you’ve experienced, then your claim could be made up of two distinct “heads”.

General damages is the head of the claim that compensates you for the pain and suffering that your injuries have caused if you’re making a claim against the perpetrator or a vicariously liable party. It can be valued with the help of a document called the Judicial College Guidelines. We have included an excerpt from this below:

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It’s important to note that these are not legally guaranteed compensation amounts, only guidelines.

You could also receive special damages as part of a claim made in this way. This head of claim can compensate you for any financial impact that you’ve experienced as a result of your injuries. For example, if you had to take time off work to recover, then this could cover any loss of earnings you experienced.

CICA Claims

If you are making a claim through the CICA, they have their own tariff of compensation amounts. These represent the amounts you will actually receive if your claim is a success. We have included some of these in the table below:

[table id=27 /]

You could also receive special expenses through the CICA if you have lost earnings or earning potential for at least 28 weeks following the incident. These costs must be necessary, reasonable and incurred directly because of the crime of violence. Other criteria apply to claiming special expenses; speak with our team to find out more.

If you have any more questions about how much you could receive in a claim for sexual abuse at work, speak with our team of advisors today. You can also use our compensation calculator to see how much your settlement could be worth.

Is There a Time Limit When Claiming for Sexual Abuse at Work?

When you’re making a claim against your employer or directly against the person who harmed you, there’s generally a three-year time limit to starting proceedings. Some exceptions can apply to this time limit, however, and an advisor can let you know if any of these are appropriate in your case.

If a claim is made through the CICA, it must be submitted within 2 years of the event being reported to the police. The incident should be reported as soon as possible, which is usually straight after the incident occurs.

In some cases, the CICA might consider a claim made outside of this time limit. However, you will need to show that exceptional circumstances apply. For more information on the time limits to claiming for sexual abuse at work, speak with an advisor today.

What Potential Evidence Could Help Me Claim Sexual Abuse in the Workplace?

If you’re claiming through the CICA, you will need to provide:

  • A crime reference number to show that the incident was reported to the police
  • Proof that you meet the requirements for residency when making a claim through the CICA
  • Evidence of any special expenses you are looking to claim back
  • Medical evidence

The CICA will be able to communicate with the police and confirm that:

  • You cooperated with their investigations
  • You don’t have any unspent criminal convictions that could see your award being withheld

If making a claim against your employer or directly against the perpetrator, then you may be able to provide evidence such as witness statements, CCTV footage and medical records. Speak with an advisor today for more information on what you could provide in support of your sexual abuse at work claim.

Why Use No Win No Fee Solicitors?

No Win No Fee criminal injury solicitors could help you with a claim. While legal representation isn’t a requirement, it could help you build a strong case. A No Win No Fee agreement means that you won’t have to pay your lawyer upfront or as they work on your claim.

If you’re awarded a settlement, then you will pay a success fee to your lawyer, which is subject to a cap. This means that they cannot overcharge you, and you will always be guaranteed the majority of your settlement. If you aren’t awarded compensation, this success fee will not be due.

Find out more by speaking to our team by:

Learn More About Claiming For Sexual Misconduct at Work

We’ve included some links below that you might find helpful:

We also have some more of our guides that you might find useful:

How long does a criminal injury claim take? 

How to use a criminal injury claim calculator.

Claiming compensation for common assault.

For free legal advice about claiming for sexual abuse at work, get in touch with our team.

Writer Jeff Winkle

Publisher Fern Smithers