Compensation for Assault: New Moves
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ARECENT decision of the National Council for Local Authorities to recommend that employing authorities should undertake to indemnify employees against the risk of death or injury caused by violent or criminal assault suffered in the course or as a consequence of his or her employment, is likely to have wide implications.
Drivers of commercial vehicles face increasing risks of assault by well organized gangs of hoodlums. The continuing expressions of public sympathy for the train driver coshed in the notorious mail train robbery indicates a sensitive public conscience. It is therefore probable that transport trade unions will press all employers to arrange similar indemnity schemes.
From the point of view of the staff concerned, their behaviour in an actual hold up can be quite vital. Not everyone is made of "VC" material, and courage is not stimulated by doubts as to compensation for a broken head, or worse.
Suggested amounts
Recommended scales of pay are as follows: For death within 12 months from the date of the assault, and by reason thereof: 2 years' gross remuneration at the rate applying at the date of the assault or £5,000, whichever is the less, where the employee has left one or more dependents, and otherwise £200.
For total disablement from continued employment, the equivalent of the gross weekly remuneration at the date of the assault for each week of such disablement before he or she has attained the age of 65 years, after the deduction of all moneys received as compensation for the injury inflicted, of all national insurance benefits, of all sick pay, pension or gratuity received from the employing authority and of all remuneration earned in any other employ ment; subject to a maximum payment to any one employee of £2,000 in any one year for a period not exceeding 10 years.
This recommendation is not intended to prevent an employing authority from paying amounts in excess of those given above, or from providing for risks other than the risk of assault if the authority is satisfied that such provision can law fully be made. J.D.