Hospital workers in California, such as nurses, CNAs, ER staff, psychiatric team members, security, and technicians, regularly deal with threats from violent or aggressive patients. When an incident leads to injury, these cases can involve some confusing legal and insurance concerns.
The options for recovering compensation can depend on your job status, workers’ compensation rules in California, the possibility of a third party being at fault, and issues such as employer negligence or security lapses. Reach out to our workplace accident lawyer in Los Angeles for assistance.
Common Injuries Hospital Workers Suffer During Violent Incidents
Hospital workers hurt by violent incidents often have serious physical injuries, which can take a major toll on their health and ability to work, such as:
- Head injuries
- Broken bones
- Facial injuries
- Back injuries
- Concussions
- Bite injuries
- Neck and shoulder injuries
Employees can also face lasting psychological harm from these attacks, including:
- PTSD
- Anxiety
- Depression
- Emotional trauma
- Sleep disturbances
Both types of injury should be taken seriously, since the effects can continue long after the incident.
Are These Cases Usually Handled Through Workers’ Compensation?
Workplace violence cases involving hospital workers are most often managed under California’s workers’ compensation system. Hospitals almost always carry workers’ compensation insurance for their staff, which means most employees are automatically covered for injuries that happen while doing their job.
Worker’s Compensation Basics
If you are injured by a violent patient, you can usually get access to certain benefits, such as:
- Medical treatment for your physical and psychological injuries
- Disability benefits if your injuries stop you from returning to work right away
- Some compensation or wage replacement while you are recovering
Most California hospital workers are protected under this system.
Can a Hospital Worker Sue the Employer After a Violent Patient Attack?
California’s workers’ compensation system was designed to prevent most lawsuits directly against the employer for work-related injuries. When workers’ comp applies, it is usually the only available claim against your own employer, even in cases of violence by patients.
Situations That May Create Additional Liability Issues
Serious failures in safety procedures can sometimes lead to extra liability questions, though these cases are rare. If the hospital failed in certain ways, it’s possible that a lawsuit could be permitted. For example:
- Not providing enough trained security staff
- Ignoring repeated warnings about a violent patient
- Failing to investigate or act after earlier violent incidents
- Allowing dangerously low staff-to-patient ratios
- Not training staff for managing aggressive or at-risk patients
- Failing to put legally required anti-violence plans or protocols in place
These situations should be looked at much more carefully.
Can Third Parties Be Held Responsible?
Sometimes, the parties directly managing the hospital aren’t the only ones involved in a violent incident. There may be a third party, like an outside employer, company, or contractor, whose negligence played a part.
Possible third-party claims could involve:
- Private security services contracted by the hospital
- Companies that own or maintain the hospital property
- Manufacturers of restraints, safety gear, or alarms
- Individuals or third party vendors other than your employer
- Maintenance companies responsible for lights, cameras, or security doors
A third-party claim is separate from workers’ compensation and sometimes lets injured workers pursue damages beyond what is offered under workers’ comp.
Contract Employees and Special Challenges
It’s worth noting that not everyone working in the hospital is a direct employee. Many hospitals hire nurses, security staff, or technicians through staffing agencies or outside companies instead of as hospital staff. This can complicate injury claims because multiple companies and insurance policies may become involved, or you may not have access to workers’ compensation benefits at all.
In that case, determining who may be financially responsible for your injuries becomes much more complicated. Depending on the situation, the staffing agency, outside contractor, hospital, or another third party may all play a role in the claim, and you’d likely have to file a lawsuit to recover any damages.
The most effective way to determine the best path forward is to speak with an experienced personal injury and workers’ compensation firm. Our team of work injury attorneys in Los Angeles has experience with these situations and can help you determine your next steps. Contact us today to schedule your free consultation.