A support worker who was bitten at a day centre by a service user with learning difficulties has been awarded damages after claiming her employers failed to protect her.
The woman had to undergo three hospital operations after the bite caused a serious bacterial infection which reached her bone and left her unable to work for four months.
She now lives with recurring pain, nerve damage and required physiotherapy after experiencing a loss of grip and movement. The incident also left her with anxiety.
Her employer’s insurers denied liability but agreed to an out of court settlement and an award of £9,000 in injury at work compensation.
‘I have a high pain threshold, but I was screaming’
It was alleged the company had not provided adequate Personal Protective Equipment (PPE) to its staff to help prevent such an injury.
Following the attack, the woman’s colleagues were issued with and required to wear anti-bite gloves when working with the day centre user, who had a history of violence.
The woman, who has since left the profession, says the attack led to pain she had never experienced before.
“When my hand swelled-up I was in agony. It was unbearable, I think I have a high pain threshold, but I was screaming, and my kids were really upset. I will always remember it like if it was yesterday, it was horrendous,” she recalled.
The attack happened at a privately run day centre for adults with learning disabilities in Stoke-on-Trent in 2019.
As the service user was being helped to leave an attack was launched on an escort and staff were called to assist. As the support worker responded the service user bit her, latching onto the skin between her thumb and forefinger.
The woman attended a minor injuries unit at the city’s Haywood Hospital where her hand was X-rayed, cleaned and bandaged. She returned to work, but her hand became increasingly painful in the days that followed. When it became “unbearable” she attended the emergency department at the Royal Stoke.
She was admitted immediately and spent a week in hospital on an intravenous-antibiotic drip after being diagnosed with a serious bacterial infection associated with human bite wounds and surgery was performed. She would later require two further operations.
The woman says her employers made her feel the injury was her own fault, despite having been bitten by the same person previously and asking management to implement changes to limit the chances of it happening again.
“I was not listened to and I felt I was put in a dangerous position. My safety was not seen as a priority and eventually I ended up in hospital.
“Things did change afterwards, my colleagues were provided with and told to wear anti-bite gloves,” she said.
‘They exposed her to risk which they ought to have known would occur again’
In her accident at work claim the woman was represented by Hudgells’ solicitor Mobeena Salim who said, “It has been a pleasure to seek justice for my client. I believed her employers had failed to look after her and they had failed to act on her previous complaints.
“The service user had bitten her before and she had approached management to recommend the person be supervised by three people. She also asked that an alternative restraint technique should be used as the service user was familiar with those in place.
“We alleged that they ignored those recommendations and did not take other adequate precautions to improve our client’s safety at work. By failing to make changes or adaptations in line with staff recommendations they exposed her to a risk of injury which they knew or ought to have known would occur again.”
The claim brought against the care firm alleged it had failed to have a safe system of work in place and exposed the woman to an unnecessary risk of injury. It was also alleged it failed to make suitable risk assessments and failed to monitor and review preventative and protective measures.
The care company agreed a damages settlement after court proceedings were issued. It did not admit liability.
The support worker says the decision was a huge relief, “It was a win for me, not because of the money, but because I felt ignored by them for so long. That hurt me and was a reason I walked away from the profession.
“It was a job that I enjoyed; it could be very rewarding. But I think there are support workers all over the country who are being treated just like me. We are not valued, and we are not listened to.
“This case is the tip of an iceberg. We do a job that is mentally and physically exhausting, but we are not cared for. I got injured and it ruined my career.”
The woman, who now plans to spend more time with her children, says the legal process had been positive experience for her.
“I felt rejected after the injury and the case became very personal for me. I completely trusted Mobeena, there was never any stress; she was always there for me.
“I hope this case can help other support workers like me and I couldn’t have wished for a better solicitor; I’ll never forgot Mobeena Salim she was truly outstanding.”
An injury or accident at work could be anything where you’ve suffered physically.
Claiming compensation for a work-related injury can help you get your life back on track by reimbursing you for lost earnings and expenses due to your injury as well as compensating you for your pain and suffering.
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Our personal injury lawyers specialise in workplace injuries, helping you navigate the claims process if you work in healthcare and have been hurt by a patient. You may be eligible to make an injury at work claim, and our dedicated team is here to provide expert legal support without any upfront fees.
Thanks to our no win no fee agreement, you won’t be burdened by financial risks. You’ll only pay a pre-agreed percentage of your compensation if your injury at work claim is successful. This enables you to pursue justice with confidence, knowing that you won’t face financial hardship if your case isn’t successful. We are dedicated to securing the maximum compensation while providing transparent legal guidance.
Trust our team to fight for your rights and ensure you receive the justice and financial support you need to recover from your workplace injury.
