Case study: £40,000 for hotel worker attacked whilst on bar shift

Our personal injury solicitors helped a client claim compensation for injuries he sustained after being attacked in a hotel bar where he worked.

Background: racist and physical assault at a hotel bar

Our client, Mr S, worked in a hotel bar. A man had come into the hotel to book a room, but he was unable to, so he went to sit in the bar and asked to speak to the Duty Manager.

The Bar Supervisor took two orders from the man, and Mr S served him the third time. When Mr S went to collect payment for the drinks, the man refused to pay and started swearing at him. Unfortunately, no one came to help.

The man became racist and aggressive towards Mr S and threatened to kill him. Our client asked the Duty Manager to call the Police, but they did not do anything and, we allege, failed to act appropriately.

The man got up and started walking through the hotel. Mr S followed him as he was concerned that he was going towards the kitchen, where there were knives. He told the man that he was not allowed into this room. The man turned and pushed Mr S to the wall. He threw a glass of wine in his face, punched him repeatedly and kicked him multiple times. At this point, the Police were called, and the man was arrested.

Claiming compensation for physical and psychological injuries

As a result of the attack, Mr S sustained:

• A cut to the top left of his lip, requiring two stitches, which left a scar
• Chronic inflammation on his left cheekbone
• Pain on the left side of his jaw
• Psychological injury

He instructed our workplace injury solicitors to claim compensation for his injuries.

Denial of liability and CCTV evidence sought

We notified the Defendant (Mr S’s employer, the hotel), who denied liability for the incident. They argued Mr S had failed to inform his Line Manager of the issue at the time and did not follow the previous training protocol in that he followed the aggressive customer into the kitchen.

Our solicitors requested CCTV from the Defendant so that we were able to consider and assess the prospects in Mr S’s case and consider how independent evidence supported his version of events despite the Defendant’s stance.

We disputed the Defendant’s denial on the basis that Mr S’s Line Manager and Duty Manager were present in the bar and had clearly witnessed the customer becoming aggressive. We also refused to accept that our client should not have followed the customer, as this was an instinctive decision as a result of his Line and Duty Manager’s failure to take action and was done to protect other customers and staff in the hotel.

After reviewing the CCTV, we communicated with the Defendant that the evidence displayed a lack of management intervention and there was a breach of the duty owed towards our client.

Medical reports obtained

Our workplace accident solicitors obtained copies of Mr S’s medical records and a report by a Consultant Oral and Maxillofacial Surgeon.

The report confirmed the injuries outlined above, but also that Mr S showed signs of TMJ (temporomandibular joint) dysfunction, which was likely caused by the assault. The Surgeon referred him to a pain management expert to explore this.

The surgeon recommended Mr S see a psychologist for the psychological symptoms, which was arranged by our solicitors. Their report showed that:

• Mr S had PTSD, and 8-10 sessions of trauma-focused therapy were recommended
• Mr S should be seen by a pain management expert

We instructed a Barrister to provide an opinion on the prospects of Mr S’s case. The Barrister agreed to deal with the case on a no win, no fee basis and drafted our client’s statement.

Early settlement offer

The Defendant made a without prejudice offer of £5,000, which our solicitors advised Mr S not to accept as this was below our valuation. We then issued proceedings.

Claim for financial losses

Our personal injury solicitors collated details of the financial losses Mr S incurred as a result of the attack. These included:

• Loss of earnings
• Medication costs
• Travel expenses, including the cost of attending medical appointments.

Settlement of the workplace accident claim

The Defendant made two offers simultaneously to Mr S, which were a Part 36 offer of £25,000 and another without prejudice offer of £40,000.

Mr S accepted the without prejudice offer, and the claim settled for £40,000

Contact our personal injury solicitors

If you’ve been injured at work, our personal injury solicitors may be able to help you claim compensation.

To arrange an initial, no-obligation consultation with a member of our team, call us on 0117 325 2929 or fill out our online enquiry form.