The short answer: four routes, and they interact
In shortFour routes may be open after an assault, with different tests and deadlines, and CSIBS rules take money from the others into account.
- Routes4Sick pay, CSIBS, CICA, civil damages
- CICA time limit2 years
- Civil claim time limit3 years
If you are hurt by a prisoner, the four sources of money that may be relevant are sick pay from your employer, injury benefit under the Civil Service Injury Benefit Scheme, compensation from the Criminal Injuries Compensation Authority, and damages through a civil claim.
They have different tests, different time limits and different decision-makers, and the rules of at least one of them (CSIBS) say that money from the others is taken into account.
That is why the order matters. You are not forced to choose one at the start, but you should keep the deadlines for all of them in view, keep your evidence, and take advice before accepting any settlement that could affect the others.
Our civil service injury benefits guide covers CSIBS in depth; this guide shows how it fits with the rest.
| Route | Who decides | Needs | Time limit | Key interaction |
|---|---|---|---|---|
| Sick pay | Your employer (HMPPS HR) | Fit note and absence process | Per policy | CSIBS temporary allowance can top up where sick pay is reduced or exhausted |
| CSIBS injury benefit | Scheme manager, with Scheme Medical Adviser's assessment | Injury wholly or mainly attributable to duty; earning capacity impaired by more than 10% | Appeals within 12 months of award decision (apportionment and impairment level) | Damages and CICA compensation can be deducted (rule 1.19) |
| CICA | Criminal Injuries Compensation Authority | Crime of violence in Great Britain, reported to police, injury within the tariff | Usually two years from the incident | Reduced by other payments for the same injury (civil damages, other awards) |
| Civil claim | Court, or agreed settlement | Employer or other party at fault in law | Normally three years (Limitation Act 1980 s.11) | Damages count against CSIBS and CICA |
Based on the CSIBS rules, GOV.UK CICA guidance and the Limitation Act, all opened 3 October 2026. Not legal advice. HMPPS sick pay periods were not verified on a primary page.
Step one: protect your evidence and report properly
In shortEverything rests on a record of what happened: report internally, get a police crime reference number and keep every document.
- HMPPS staff-assault protocol
- Assaults are referred to the police for investigation under the Crime in Prison Referral Agreement, best evidence (victim and witness statements, CCTV and body-worn video footage) should reach the police in a timely way, and incidents are logged on the incident reporting system with serious assaults telephoned to the National Incident Management Unit. The affected person's manager should meet them as soon as practical and the prison should provide a Prison Community Impact Statement and support victim personal statements.
- CICA
- The incident must also be reported to the police as soon as reasonably practicable. If the prison reports it for you, ask for the crime reference number and a copy of the report; if not, report it yourself and keep a note of who you spoke to. A police referral by the prison may not be the same as you personally reporting it as a victim, so check that you have a reference number that you can quote.
- RIDDOR (employers)
- The Health and Safety Executive says acts of non-consensual violence to people at work are within RIDDOR, and that injuries incapacitating a worker for more than seven consecutive days after the accident are reportable. HSE says the responsible person (usually the employer) makes the report, not the injured worker, unless they are self-employed. It is still sensible to ask that your incident has been recorded as an injury, not just a use of force or a prisoner incident.
- Get medical attention, and make sure injuries are recorded by healthcare and by your GP afterwards.
- Report the incident to your manager and ensure it is on the incident reporting system. Keep your own dated record of the details.
- Ask for the police crime reference number and the name of the officer in the case.
- Take photographs of visible injuries and keep fit notes, GP and hospital letters, prescriptions and receipts.
- Tell your union representative; ask about legal support through the union where available.
- Diary two dates: two years from the incident for CICA, and three years for a civil claim, and ask a legal adviser to confirm both for your case.
CSIBS: what it pays and the tests it applies
In shortCSIBS is discretionary: it can pay a temporary allowance, an annual allowance and a lump sum where an injury is wholly or mainly attributable to the nature of your duty.
The Civil Service Injury Benefit Scheme was made on 22 July 2002 and covers most civil servants, including people who are not members of the pension scheme. Benefits are paid at the Minister's discretion. A person may qualify in three situations:
- Annual allowance and lump sum
- If an impairment of earning capacity is found, the scheme can pay an annual allowance and a lump sum. The Scheme Medical Adviser assesses how much the injury impairs earning capacity (no award at 10% or less; slight 11 to 25%; impairment 26 to 50%; material 51 to 75%; total over 75%). The annual allowance is the amount which, added to certain other pensions and benefits, brings your income up to a guaranteed minimum income, a proportion of your pensionable earnings that rises with service.
- Lump sum
- A fraction of pensionable earnings: one eighth for slight impairment, one quarter for impairment, three eighths for material impairment and one half for total impairment.
- Temporary allowance (rule 1.6(iii))
- May be paid where you are receiving sick pay for the injury, or your paid sick leave has run out, and the total of sick pay, public-funded occupational pension and certain benefits is below the guaranteed minimum income for total incapacity; it tops you up to that level. Where you return part-time on medical grounds, the temporary allowance is adjusted. This is the part of CSIBS that most directly interacts with sick pay.
- An injury in the course of official duty, provided it is wholly or mainly attributable to the nature of the duty
- An injury off duty as a result of an attack directly attributable to being a civil servant
- A disease to which they are exposed wholly or mainly by the nature of the duty
- Duty includes activities reasonably incidental to it
- Benefits are not payable if the injury or disease is wholly or mainly due to the person's own serious and culpable negligence or misconduct
- The rules do not name prisoner assaults, so the test is applied case by case
| Impairment of earning capacity | Under 5 years | 5 to under 15 years | 15 to under 25 years | 25 years and over |
|---|---|---|---|---|
| Slight (more than 10% to 25%) | 15% | 30% | 45% | 60% |
| Impairment (more than 25% to 50%) | 40% | 50% | 60% | 70% |
| Material (more than 50% to 75%) | 65% | 70% | 75% | 80% |
| Total (more than 75%) | 85% | 85% | 85% | 85% |
Source: CSIBS rule 1.7 (service is length of service or reckonable service if longer). If the injury is mainly but not wholly attributable to duty, benefits are reduced to reflect that (rule 1.9a). Allowances for injuries from 1 April 2003 are not reviewable for deterioration (our reading of rule 1.10a; check the current rules).
A worked example, with round numbers
In shortIllustrative only: £40,000 earnings and the 26 to 50% band give a £20,000 guaranteed minimum income, but damages or a CICA award can be netted off.
The right order and mix depends on the facts, the size of each claim and the deductions, so take advice before settling. Our free ill-health and injury benefit calculator can give an indicative view of the CSIBS and ill-health pension side for your own service and pay.
- Assume an officer with 12 years' service and pensionable earnings of £40,000, assessed by the Scheme Medical Adviser as having an impairment of earning capacity in the 26 to 50% band, with the injury wholly attributable to duty.
- The guaranteed minimum income in the table for 12 years and that band is 50% of £40,000, or £20,000 a year.
- If their ill-health pension and any qualifying benefits are worth, say, £14,000 a year, the annual allowance would be about £6,000 to bring the total to £20,000.
- The lump sum for "impairment" is one quarter of pensionable earnings, £10,000.
- Now suppose the officer also recovers £15,000 in damages from a civil claim for the same injury. Under rule 1.19, the Minister takes damages into account and will withhold or reduce the allowance and lump sum accordingly.
- If the officer instead receives an award from the Criminal Injuries Compensation Authority, the rules say compensation paid under a criminal injuries compensation scheme in the United Kingdom is deemed to be damages recovered and treated the same way. That is why you should not assume that a CICA award is on top of CSIBS: it may be netted off.
CICA: who can claim, the time limit and the catch with deductions
In shortCICA is a last-resort scheme: apply within two years, report the incident to the police, and expect deductions for other payments for the same injury.
- Deadline2 yearsFrom the incident; extensions only in exceptional circumstances
- Assessment time12 monthsCICA aims to assess most applications within; complex cases take longer
- Loss of earningsNot for 28 weeksNot payable for the first 28 weeks
The Criminal Injuries Compensation Scheme covers England, Scotland and Wales (Northern Ireland has a separate scheme).
GOV.UK says you must be a direct victim of a crime of violence, the incident must be reported to the police as soon as reasonably practicable, and criminal proceedings are not required: decisions are made on the balance of probabilities.
The standard deadline is two years from the incident, with extensions only in exceptional circumstances where you could not have applied earlier and the evidence allows a decision without extensive further enquiries. CICA aims to assess most applications within 12 months, with complex cases taking longer (GOV.UK guide).
GOV.UK is explicit that workplace injuries do not automatically qualify, and equally that the scheme does not treat injuries at work differently: what matters is whether the injury came from a crime of violence and is within the tariff of injuries.
Mental injury is compensated only if it is in the tariff; for a person who witnessed an event, the scheme refers to a "disabling" mental injury that has a substantial adverse effect on normal day-to-day activities. Loss of earnings is not payable for the first 28 weeks.
Two catches for serving officers
Last resort
- The scheme reduces or withholds an award where you have received or are entitled to payments for the same injury, including civil damages and settlements and some social security benefits.
- You must pursue reasonable alternatives first.
Convictions and CSIBS
- Unspent convictions can reduce or bar an award.
- Because CSIBS treats CICA money as damages, a CICA award can also reduce CSIBS. A solicitor experienced in criminal injuries and public-sector injury benefits can help you avoid double-counting surprises.
Civil claims: when they arise and the three-year clock
In shortA civil claim needs fault in law, not just an assault, and the normal time limit is three years (Limitation Act 1980, section 11).
- Civil claim time limit3 yearsFrom when the cause of action accrued or, if later, date of knowledge
- CICA time limit2 yearsDifferent, so one deadline does not cover both
A civil claim for damages requires someone to be at fault in law, which for an employee will usually mean the employer being negligent or in breach of a statutory duty, for example by failing to assess or control a known risk.
An assault by a prisoner does not in itself make the employer liable. Whether you have a claim is a legal question for a solicitor, who will look at what the employer knew and what it did or did not do.
HSE's guidance says employers should assess the risk of violence, put in control measures, report incidents and support affected workers, and those expectations are the background to many claims. There are exceptions to the three-year limit and a court has some discretion in certain cases, but you should not plan around them.
Sick pay, ill-health retirement and how they sit alongside
In shortWe could not verify HMPPS sick pay entitlements, so ask HR for a written statement; ill-health retirement and CSIBS are separate but interact.
Sick pay is the first line of income, but we could not verify the HMPPS sick pay entitlements (how long you receive full and half pay) from a primary source on 3 October 2026, so we do not state them; ask HR for a written statement.
What we can say is that the CSIBS temporary allowance exists because sick pay can reduce or run out. The sick pay guide and the sick pay calculator show how to model your own situation.
- Ill-health retirement
- If your injury leaves you permanently unable to do your job, ill-health retirement under the Civil Service Pension Scheme is separate from CSIBS. Under alpha, a lower-tier pension is paid where a permanent breakdown in health prevents you doing your own job or a comparable job, with no early-payment reduction, and the upper tier adds a top-up where you cannot do any gainful employment. Read the ill-health retirement guide. Where both an ill-health pension and CSIBS apply, the CSIBS annual allowance takes account of the pension (rule 1.7).
- Discipline
- The scheme rules say a person who resigns when disciplinary proceedings are pending, or who is discharged for disciplinary reasons, may be eligible only on reaching pension age. If you are facing a process while injured, take union advice and read the disciplinary process guide.
Appeals, reviews and what happens if you are refused
In shortCSIBS has a formal appeal on two points only, within 12 months and with new medical evidence; a refusal as a non-qualifying injury has no formal appeal.
This is an area where specialist advice is particularly valuable because the deadlines are strict.
Take advice on the quality of the medical evidence. The Scheme Medical Adviser's assessment drives both the attribution and the earnings impairment, and new evidence is needed on appeal. Keep GP, specialist and therapy records, and make sure a clinician describes the effect of the condition on work, not just the diagnosis.
If a CICA decision goes against you, the scheme has its own review and appeal process; follow the dates in the decision letter. For a civil claim, the solicitor will advise on the realistic prospects before issuing proceedings.
CSIBS appeal route
- Award decisionFormal appeal on two points only
Apportionment (how far the injury is attributable to duty) and the level of earnings impairment, for injuries from 1 April 2003.
- Within 12 monthsMake the appeal
It requires new medical evidence and can go up to two appeals.
- Not a qualifying injuryWritten review only
A decision that the injury is not a qualifying injury at all has no formal appeal; you can ask for a written review.
Common mistakes
In shortThe most common problems are procedural: no crime reference, missed deadlines and settlements that reduce other payments.
The most common avoidable problems are procedural. People assume the prison reported the assault to the police on their behalf and so never get a crime reference. They let the two-year CICA window pass while waiting for something else. They accept a settlement in one route without understanding that it will reduce another.
They do not keep medical evidence of how an injury affects work. Or they rely on word of mouth about what "the scheme always pays" when the rules say each case is assessed.
- Not obtaining a police crime reference number.
- Assuming CICA and CSIBS and a civil settlement are all additive.
- Missing the two-year CICA deadline or the 12-month CSIBS appeal deadline.
- Not asking an adviser to confirm the civil limitation period for your case.
- Not getting a clinician to describe the effect of the injury on your ability to work.
- Making a major decision (resigning, signing a settlement) in the first weeks after an incident.
Frequently asked questions
Can a prison officer claim compensation if assaulted by a prisoner?
Possibly, through several routes: CSIBS injury benefit where the injury is wholly or mainly attributable to the nature of your duty, a CICA award if it is a crime of violence reported to the police and within the tariff, or a civil claim if the employer was at fault.
Each has different tests and deadlines, and some payments can reduce others. Take advice before accepting any settlement.
What is the CICA time limit for a prison officer?
GOV.UK says the standard deadline is two years from the incident, with extensions only in exceptional circumstances. The incident must also have been reported to the police as soon as reasonably practicable. Because the deadline is short, diarise it immediately and do not assume you can wait for another process to finish.
Does CICA pay out if the prisoner is not convicted?
Yes. GOV.UK says criminal proceedings are not required and decisions are made on the balance of probabilities rather than beyond reasonable doubt. You still need to have reported the incident to the police, and the injury must fall within the tariff of injuries.
Will a CICA award reduce my CSIBS payments?
It can. Under CSIBS rule 1.19, compensation paid under a criminal injuries compensation scheme in the UK is deemed to be damages recovered, and the Minister will take damages into account and withhold or reduce the CSIBS allowance and lump sum. Take advice on the order and amounts before accepting an award.
How long do I have to bring a civil claim for an injury at work?
The normal time limit for a personal injury claim is three years from the injury or from the date you knew you had a claim, whichever is later (Limitation Act 1980, section 11). Exceptions exist but should not be relied on. A solicitor can confirm the limitation date for your circumstances.
Does sick pay stop if I claim injury benefit?
Claiming does not by itself stop sick pay, and CSIBS includes a temporary allowance that can top up income where sick pay has reduced or run out. Your sick pay entitlement depends on your terms and the HMPPS policy, which we could not verify on a primary page, so ask HR for a written statement.
Do employers have to report assaults on staff?
HSE says acts of non-consensual violence to people at work are covered by RIDDOR, and injuries causing more than seven consecutive days of incapacity are reportable by the responsible person, normally the employer.
HMPPS's protocol also says assaults are referred to the police and logged on the incident system. Ask to see that your incident was recorded.
What if my claim for CSIBS is refused?
A formal appeal is available only on apportionment and the level of earnings impairment, within 12 months of the award decision and with new medical evidence.
A decision that the injury is not a qualifying injury has no formal appeal but you can ask for a written review. Seek union or legal advice quickly because the deadlines are strict.
Sources
- civilservicepensionscheme.org.ukCivil Service Injury Benefits Scheme rules (made 22 July 2002)
- civilservicepensionscheme.org.ukCivil Service Injury Benefits Scheme (rules PDF, as amended)
- gov.ukGOV.UK: Criminal injuries compensation: a guide
- gov.ukGOV.UK: A guide to the Criminal Injuries Compensation Scheme (2012)
- gov.ukGOV.UK: Handling crimes in prison protocol, annex E (staff assaults)
- hse.gov.ukHSE: RIDDOR key definitions (includes non-consensual violence to people at work)
- hse.gov.ukHSE: managing violence and aggression at work (employers)
- legislation.gov.ukLimitation Act 1980, section 11 (time limit for personal injury actions)
- gov.ukMoJ: Safety in custody quarterly update to March 2026