QUESTION

Can I sue my employer for injury?

Asked on Jul 28th, 2013 on Personal Injury - Ohio
More details to this question:
I work at a hospital as a patient care assistant. That day I had to watch a patient, so he does not do harm to himself. The patient got up from his bed and punched me on the back of my head. Mind you, this patient had recent violence against other workers in the hospital.
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12 ANSWERS

Ronald A. Steinberg
You have a workers compensation case. You could also sue the patient, but what he did is considered an intentional act, and it would not be covered under his homeowners insurance if he had any. You also could make a police report.
Answered on Aug 24th, 2013 at 9:20 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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No. there is no insurance cove rage for deliberate acts, only negligence. Your job was to look after the patient and you had certain risks in doing that or do you think not?
Answered on Jul 30th, 2013 at 12:42 AM

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It is unlikely that you would be able to recover since you assumed the risk.
Answered on Jul 30th, 2013 at 12:42 AM

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James Eugene Hasser
Your exclusive remedy against your employer for an on the job injury is for compensation benefits. It will pay you comp while you are off work and if you have a permanent disability. It also pays all your medical benefits related to your injury for life. Good luck.
Answered on Jul 29th, 2013 at 10:12 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Worker's comp covers medical expenses and time out of work. You cannot sue your employer for negligence and damages for "pain and suffering" is not available. If you have a permanent injury, you may be able to get a "schedule award" which is based on a formula depending on the extent of your disability and your rate of pay, offset by payments that you have already received.
Answered on Jul 29th, 2013 at 8:37 PM

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Motor Vehicle Accidents Attorney serving Van Nuys, CA at Law Offices of Andrew C. Sigal
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You have a Workers Compensation claim. You need to speak with an attorney who practices this specialty.
Answered on Jul 29th, 2013 at 8:31 PM

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You have a Workers' Compensation claim in which you are entitled to certain benefits no matter who is at fault or whether there is any negligence at all. The only requirement is that the injury must occur in the course of the employment, which it did in your case. Report the injury to your supervisor who should file out a work injury report and get the ball rolling.
Answered on Jul 29th, 2013 at 8:22 PM

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Thomas Edward Gates
Need more information to know how best to respond.
Answered on Jul 29th, 2013 at 8:22 PM

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Workers Compensation Attorney serving Atlanta, GA at The Law Offices of Laura M. Lanzisera
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Yes you need to file a workers' compensation claim. A lawyer can assist with this.
Answered on Jul 29th, 2013 at 7:46 PM

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You can file a workers' compensation claim against your employer.
Answered on Jul 29th, 2013 at 12:03 PM

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You can file a claim against your employer for worker's compensation benefits that medical treatment consist of ongoing medical treatment temporary and permanent disability.
Answered on Jul 29th, 2013 at 12:02 PM

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Maybe; If you can show that the hospital was aware of the violent tendencies and did nothing to prevent them from reoccurring, you may have a claim.
Answered on Jul 29th, 2013 at 12:02 PM

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