Mr B had worked with people who suffered with specific difficulties, such as autism, for 2 years.  Prior to this he had worked in residential care for the elderly.

Man charged at support worker

On the evening of the accident Mr B had been asked by his manager to help a colleague with a man (Mr O) who was feeling anxious and whose behaviour could result in violent outbursts.  When Mr B attended, Mr O charged at him, aiming for his face.  Mr B restrained Mr O, who was a young adult, bigger and stronger than himself, in a ‘one person escort’.  At that point Mr B’s manager, accompanied by a colleague, started to talk to Mr O, who was clearly distressed and anxious and having a ‘crisis outburst’, from behind the glass door in the foyer of the flats where he was currently restrained.  The manager asked Mr O if he wanted to go outside, which he did, so the manager opened the door, instructing Mr B to bring out Mr O and release him. This was a deviation from protocol and Mr O’s own ‘help’ profile, which said that the manager should have gone inside the building and helped Mr B with a 2 person escort.

Injured support worker 

Already winded, Mr B released Mr O outside of the building, whereupon he charged again at Mr B.  (It was noted in Mr O’s ‘help’ profile that he would target a member of staff who he thought had wronged him and he had a history of scratching and gouging at people’s eyes, as well as biting).

Mr B ran away, as he had been trained to do.  He took a direction, down some stairs, that would keep Mr O away from other residents and put a wall between him and Mr O until help could be obtained.  Quickly descending the last 3 stairs, Mr B twisted his knee, but managed to get behind a locked door.   An ambulance was called and Mr B was taken to Barnsley District Hospital.

Surgery needed on damaged cruciate ligament

After several examinations Mr B was told that he had damaged his anterior cruciate ligament, which required reconstruction under surgery on 22 April 2015.  Physiotherapy and a rehabilitation programme followed and Mr B needed a significant time off work and help from family.  Mr B suffered financial loss as well as physical.

Graysons wins £10,000 compensation

Mr B believed that the accident would not have happened if his manager had not deviated from protocol and Mr O’s ‘help‘ plan and so he contacted Graysons to see if could claim compensation for his losses.  Graysons pursued the employer, claiming that it had been negligent and had breached its statutory duty by, amongst other issues:

• Failing to provide Mr B with assistance in restraining Mr O and escorting him back to the safety of his flat.
• Instructing Mr B to release Mr O instead of helping him to place Mr O into a two person escort.
• Failing to follow the correct protocol and/or procedure which was in place and would have, if followed, avoided putting Mr B at risk of injury.

The employer denied liability for the accident throughout the proceedings but Graysons was able to negotiate a settlement of £10,000 before the case went to court.

If you have had an accident at work and would like to know if you can claim compensation, please contact our experts now.  We will be able to arrange a free of charge meeting in which we can discuss your case and advise you of the best way forward.

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