Workplace Assault Claims

Being assaulted at work is something no one should ever have to go through. Whether it came from a colleague, a customer, a patient, or a member of the public, the impact can stay with you long after the incident itself—physically, emotionally, and mentally. If it happened in the course of your job, you may be feeling shocked, isolated, or unsure where to turn. That’s where we come in.

At John O’Leary Solicitors LLP, we’ve been supporting individuals across Tallaght and Dublin for over 20 years, helping people like you move forward after traumatic workplace events. We understand how these situations can shake your sense of safety, your confidence, and even your ability to return to work. You may be asking yourself whether it could have been prevented—and often, the answer is yes.

We know this isn’t just about compensation—it’s about being heard, understood, and supported in a way that feels respectful and local. When you contact us, you won’t be passed around or made to explain yourself twice. You’ll speak directly with a solicitor who listens, offers honest advice, and stands by your side from start to finish.

If you’ve been assaulted at work, contact John O’Leary Solicitors LLP. We’ll help you take the next step, with care, clarity, and confidence.

What Counts as Workplace Assault in Irish Law

Workplace assault doesn’t always come with bruises or broken bones. Sometimes it’s a sudden, violent act—other times it’s part of an ongoing pattern of intimidation or threats. Either way, the law in Ireland recognises that no one should feel unsafe or be harmed while simply doing their job.

In its broadest sense, workplace assault refers to any form of physical or verbal attack that happens in the course of your work. That might include being punched or pushed by a customer, being grabbed or struck by a co-worker, or being cornered and shouted at in a threatening way. Even one incident—if serious enough—can be grounds for a personal injury claim.

Under Irish personal injury law, assault at work becomes actionable when:

It results in physical or psychological harm, and
The employer failed in their dutyto prevent it, either through negligence or poor workplace practices.

The Safety, Health and Welfare at Work Act 2005 requires employers to take all reasonably practicable steps to prevent improper conduct or behaviour that could place workers at risk. That includes violence. The duty is not just about avoiding known risks—it’s about putting systems in place to anticipate and manage them.

What makes workplace assault different from harassment or bullying is that it often involves a clear threat to physical safety. It may come from a:

Co-worker(e.g. a physical altercation or threatening confrontation)
Customer, patient or service user(e.g. a care assistant punched by a resident, or a retail worker attacked by a shopper)
Member of the public(e.g. a postal worker assaulted while delivering)
Supervisor or manager(e.g. intimidation that goes beyond inappropriate workplace conduct)

Assault can also happen outside the traditional office or shopfloor—in care homes, on construction sites, in delivery vans, or during visits to clients or patients in their homes. The location doesn’t matter—what matters is that it happened in the course of your employment.

The assault may be a single, traumatic event or part of a broader pattern of threats and aggression. Both situations are covered under Irish law if it can be shown that your employer should have foreseen the risk and taken steps to protect you.

Even if the person who assaulted you wasn’t another employee—say it was a client or member of the public—your employer may still be liable if the risk was foreseeable and preventable. If complaints had been raised before, if violence had occurred previously, or if staffing levels and security were known to be inadequate, that could form the basis of a successful claim.

No one should feel vulnerable at work. If you’ve been assaulted while carrying out your duties, you may have a legal right to seek compensation for the harm you’ve suffered—and for the failures that allowed it to happen.

Who Is Most at Risk? High-exposure Occupations in Ireland

Assaults at work can happen in any role—but certain jobs carry a higher risk simply because of the people, pressures, or environments involved. At John O’Leary Solicitors LLP, we’ve helped clients from all walks of life—nurses, SNAs, retail workers, bus drivers—who never imagined they’d be physically or verbally attacked while just trying to do their job.

In some industries, frequent public interaction, high-stress environments, and understaffing combine to create risk. That doesn’t excuse violence—and it certainly doesn’t mean the employer is off the hook. If an employer knows a role carries a heightened risk of assault, they must take extra precautions to prevent it.

Occupations commonly affected include:

Healthcare and social care workers:Nurses, doctors, paramedics, carers, and home support workers often face aggression from distressed or volatile patients.
Education staff:Teachers and special needs assistants (SNAs) are sometimes exposed to physical outbursts, especially where behavioural support is lacking.
Retail and hospitality workers:Shop assistants, bar staff, and hotel employees may be targeted by intoxicated or aggressive customers.
Public transport and delivery workers: Bus drivers, Luas operators, couriers, and postal workers can encounter hostile members of the public in isolated areas.
Security staff and public-facing council employees: Security guards, enforcement officers, and housing staff are regularly placed in confrontational situations.

In each of these settings, the employer has a duty to manage the risks properly—through training, staffing levels, policies, and swift responses to threats or previous incidents.

You don’t have to work in a “dangerous” job to deserve protection. If you were assaulted and it could have been prevented, you may have a claim.

Examples of Assault Scenarios That May Justify a Claim

Every workplace assault is serious—but not every incident leads to a claim. For a successful case, it must be shown that your employer failed to take reasonable steps to prevent the assault or acted negligently in some other way.

At John O’Leary Solicitors LLP, we’ve supported clients across Tallaght and Dublin through a wide range of incidents. Here are some common workplace scenarios where a personal injury claim may be justified:

Known Aggressors Ignored

You raised concerns about a patient, service user, or customer—perhaps they were threatening, erratic, or had a known history of violence. Despite this, no changes were made to staffing, supervision, or security. Then the assault happened.

Working Alone in High-risk Settings

You were assigned to work alone in a high-risk environment, such as a late shift, isolated care call, or public housing visit—without backup or a lone-worker system in place. An incident occurred that could have been avoided with safer procedures.

Co-worker Assault Following Internal Complaints

You had made complaints or raised concerns about a colleague’s behaviour—aggression, hostility, or harassment—but no steps were taken by management. That colleague then assaulted you, either physically or through intimidation that caused serious distress.

No Training on De-escalation or Conflict Handling

You were expected to deal with volatile individuals—patients, customers, or clients—without being given any training on how to handle difficult or aggressive behaviour. You were left vulnerable and unprepared when an assault occurred.

Security and Staffing Levels Were Inadequate

Your employer had knowledge of previous violent incidents in your workplace, but failed to increase staff numbers or install proper security measures—like CCTV, panic alarms, or restricted access.

Dangerous Layout or Workplace Design

The environment itself created risks—for example, blind corners, unsecured exits, or long response times from security. An assault occurred in part because of these preventable features.

In all of these cases, the focus is on what the employer knew or should have known, and what they did—or didn’t do—to prevent the harm. If the assault was foreseeable and avoidable, that strengthens your legal position.

Employer Duties and Where Liability Arises

Employers in Ireland have a legal responsibility to protect their staff—not just from hazards like faulty equipment or wet floors, but also from the risk of assault in the workplace. This duty is more than just good practice; it’s written into Irish law, and failing to uphold it can leave an employer open to a claim for personal injury.

Statutory Duty Under Irish Law

The key legislation is the Safety, Health and Welfare at Work Act 2005, which requires all employers to:

Manage work activities in a way that ensures employee safety, health and welfare
Prevent any “improper conduct or behaviour” that might endanger staff
Carry out risk assessments and act on foreseeable hazards
Provide appropriate training, information, and support

In plain terms: if there is a risk of violence or assault in your job, your employer must take it seriously. That means more than putting policies on paper—they must follow through with practical steps that make a real difference.

When Employer Liability Arises

An employer may be found liable for workplace assault if they:

Ignored previous warnings or incidentsinvolving the same person or location
Failed to carry out a proper risk assessmentin a setting with known exposure to violence
Didn’t implement or enforce safety policies, like proper staffing, CCTV, alarms, or protective barriers
Failed to act on complaints or reportsabout threats, aggression, or intimidating behaviour
Neglected training obligations, particularly in high-risk roles
Allowed a toxic or volatile workplace cultureto develop unchecked

In some cases, the issue is not what the employer did, but what they failed to do. Inaction can be just as damaging when staff are left unprotected.

Understanding Vicarious Liability

Employers may also be held responsible for the actions of their staff under a principle known as vicarious liability. This applies when:

The person who carried out the assault was another employee
The assault happened “in the course of employment”—even if it was unprovoked or unauthorised
The employer could have anticipated or prevented the incident with reasonable oversight

For example, if a staff member with a history of aggression attacks a colleague, and the employer had failed to address earlier complaints or take precautions, they may be liable.

WRC vs Civil Personal Injury Routes

Not all workplace assault cases are the same. If the assault involved discrimination—such as a racial or sexual component—you may be able to bring a case before the Workplace Relations Commission (WRC) under the Employment Equality Acts. This route is different from a standard personal injury claim and follows separate procedures.

If your injury is primarily physical or psychological, and there’s no link to the nine protected grounds of discrimination, then the Personal Injuries Assessment Board (PIAB) route, followed by the courts if necessary, is usually more appropriate.

In both cases, we can guide you on the correct legal path.

Your Immediate Next Steps After an Assault at Work

After a workplace assault, the most important thing is your safety and recovery. But if you’re considering a legal claim, taking the right steps early can also protect your position. Here’s what you should do, in order:

1. Prioritise Your Health and Wellbeing

Seek medical attention immediately—even if the injury seems minor. A medical report provides:

A professional record of your physical or psychological injury
Evidence that the incident took place
A clear timeline that can later support your claim

If you’re feeling overwhelmed, anxious, or shaken after the event, it’s equally valid to seek support from your GP or a mental health professional.

2. Report the Incident Internally

Seek medical attention immediately—even if the injury seems minor. A medical report provides:

A professional record of your physical or psychological injury
Evidence that the incident took place
A clear timeline that can later support your claim

If you’re feeling overwhelmed, anxious, or shaken after the event, it’s equally valid to seek support from your GP or a mental health professional.

3. Record the Details While They’re Fresh

In a personal notebook or document, note:

The date, time, and locationof the assault
What exactly happened
The names and roles of any witnesses
Whether you had previously raised concerns about safety or the person involved

This type of personal record can be hugely valuable in supporting a later claim.

4. Report the Incident to Gardaí (if applicable)

If the assault involved criminal conduct, such as hitting, kicking, or sexual assault, you should report it to Gardaí. This is especially important if:

You’re unsure who the assailant is (e.g. in public-facing roles)
The incident was serious or repeated
You’re concerned about retaliation or future danger

A Garda report may also serve as evidence for your civil claim.

These early steps can make a major difference. If you’re unsure what to do next or how to protect your rights, speaking to a solicitor early ensures you’re supported from the beginning.

Psychological Harm and Emotional Trauma

The impact of workplace assault isn’t always visible. While some people suffer clear physical injuries, many are left grappling with deep emotional distress that’s just as real—and just as damaging.

We’ve spoken with clients who couldn’t return to work, who developed panic attacks, or who found their sleep, relationships, and daily routines disrupted. If you’re feeling anxious, on edge, or unable to relax since the incident, you are not alone—and you have every right to seek help.

Common psychological consequences include:

Post-Traumatic Stress Disorder (PTSD)
General anxiety or depression
Hypervigilance or fear of returning to the same environment
Irritability, mood swings, or emotional withdrawal
Nightmares or insomnia

These symptoms may take time to appear. Some people feel “fine” in the moment but begin to struggle weeks later. That doesn’t make your experience any less valid. What matters is that your wellbeing is impacted—and that your employer’s failure contributed to the situation.

To support your case, it’s important to:

Psychological injuries are recognised under Irish personal injury law. If a doctor can link your mental health difficulties to the assault—and to your employer’s failure to prevent it—you may be entitled to compensation for that harm.

At John O’Leary Solicitors LLP, we take psychological injury claims seriously. We’ll guide you with sensitivity and make sure your claim reflects the full extent of what you’ve been through—not just the physical facts.

Understanding Time Limits for Assault-at-work Claims

In Ireland, most personal injury claims—including workplace assault claims—must be started within two years less one day from the “date of knowledge.” This means the date when you first became aware that your injury was connected to your employer’s failure to protect you.

In many cases, the date of knowledge is the same day the assault happened. But if the harm wasn’t immediately obvious—such as delayed psychological trauma—the clock may start later, once a doctor confirms the link between the incident and your symptoms.

It’s crucial not to delay. Even if you’re waiting on an internal investigation or feel unsure about how serious your injury is, time can pass quickly. Valuable evidence can become harder to gather, and your legal options may narrow if you miss the deadline.

In rare cases, the courts can extend the time limit, but only in exceptional circumstances.

If you’re worried about whether you’re still within time or unsure when the clock started for your situation, we can help clarify this right away.

Reaching out now gives you the best chance of preserving your rights and ensuring your voice is heard—on your terms, and within the time allowed by law.

Talk to John O’Leary Solicitors LLP

If you’ve been assaulted at work, you don’t have to face it alone. Speak directly with a solicitor who understands your situation and will act in your best interest. We’ve helped individuals across Tallaght and Dublin move forward with clarity and confidence. Contact John O’Leary Solicitors LLP today—your safety and recovery come first.