I was hurt on the job... I had a patient that became aggressive

[MIKA]

I was hurt on the job (I'm a nurse) ... I had a patient that became aggressive and injured my wrist/hand/arm area (and surgery may be in my future) ... This wasn't the first time the patient had become aggressive -I had referred him to social workers etc. but he (and his power of attorney/responsible party) refused help and my job did not encourage any further interventions ... I have been receiving WC at 66% of my income (a 34% income lost) - am I entitled to any kind of pain & suffering or can I take any further actions against my job and/or this man & his family.

[AFFA]

I wish to inform you that you can file a criminal case against patient. If a person causes harm to you then that person can be held liable. You can inform law enforcement agencies regarding the fact that patient had injured your hand. Further you can claim compensation from hospital for your treatment.

AFF

[Lexus]

You had not mentioned which type of hospital you are working. The injuries you had sustained was a part of your job. In this you can seek claim from the employer but not from the patient injured you.

[Friend In Court]

Originally Posted by MIKA I was hurt on the job (I'm a nurse) ... I had a patient that became aggressive and injured my wrist/hand/arm area (and surgery may be in my future) ... This wasn't the first time the patient had become aggressive -I had referred him to social workers etc. but he (and his power of attorney/responsible party) refused help and my job did not encourage any further interventions ... I have been receiving WC at 66% of my income (a 34% income lost) - am I entitled to any kind of pain & suffering or can I take any further actions against my job and/or this man & his family.

You should seek counsel of an attorney whose practice is personal injury for there is a possibility that the man/his family and/or your employer may be liable for the injuries you suffered. Since the patient had been aggressive in the past, there is a possibility your employer should have taken measures to assure your safety on the job. An attorney who handles such cases and knows the law of your state would be the best resource for you in this matter.

[ESteele]

I do not foresee how you can bring an effective lawsuit against your employer based on the facts in your post. You have applied for and received workers’ compensation insurance benefits for your workplace injuries. Workers’ compensation is likely your only recourse seeking remuneration from the employer.

In theory, you could endeavor to sue the patient and his estate directly. The workers’ compensation bar would not foreclose such potential litigation against a third party. However, unless the patient and/or his family are unusually wealthy, you will probably face too many practical hurdles to effectively pursuing civil action against him.

Separately, while you are currently receiving roughly 66% of your pre-tax income, you have not suffered a 34% income lose. You presumably paid, at a minimum, somewhere between 10 to 20% of your income in federal and local taxes. A better “apples to apples” comparison would be your normal, after-tax income versus your non-taxable workers’ compensation benefits.

I hope you get well soon, and management takes effective steps to deal with this violent patient.

[smaritan]

You can take further action for this action against your management or department also for your salary cuttage.They must provide some type of safety measures also to you and Seek out medical attention for your injury.The earlier you make the request the more likely the Workers' Compensation insurance carrier will authorize a doctor of your choice.