Every year, thousands of healthcare professionals find themselves injured by a patient while working in hospitals, clinics, and residential care facilities across Minnesota. While your instinct may be to focus on the patient’s well-being or de-escalation, you must prioritize your own medical needs to preserve your career and health. Minnesota’s workers’ compensation laws provide a vital safety net for those who suffer physical or psychological harm due to patient interactions, regardless of whether the patient intended to cause harm. Arechigo & Stokka assist nurses, PCAs, and other staff who may have sustained injuries following these traumatic events.
Key Takeaways
- Nursing home and healthcare employees in Minnesota are generally eligible for workers’ compensation if they suffer injuries while performing job duties, including patient interactions.
- Common workplace injuries from patients include bites, scratches, falls, and strains caused during lifting, transferring, or restraining residents.
- Promptly reporting the injury is essential — delays can jeopardize claims or slow access to medical care and wage replacement benefits.
- Workers’ compensation benefits may cover medical treatment, temporary disability, and permanent impairment depending on the severity and lasting effects of the injury.
- Consulting an experienced workers’ compensation attorney can help navigate claim procedures, appeal denials, and ensure you receive full entitled benefits.
What Are Your Healthcare Worker Injury Rights in Minnesota?
In the fast-paced world of medicine, it is easy to forget that you have the same legal protections as any other employee in the state. The Minnesota Workers’ Compensation Act establishes your healthcare worker injury rights and mandates that employers provide the following benefits for injuries arising out of and in the course of employment:
- Right to immediate medical care. Your employer must pay for all reasonable and necessary medical treatment related to the injury, including diagnostic tests, physical therapy, and prescriptions.
- Right to choose your treating physician. Under most circumstances, you have the freedom to select your own doctor rather than seeing a provider dictated by your employer’s insurance carrier.
- Right to wage loss benefits. If your injuries prevent you from returning to your shifts, you may be eligible for temporary total or temporary partial disability payments to cover your lost income.
- Right to a lawyer. You have the absolute right to retain legal counsel to protect your interests without fear of retaliation from your hospital or clinic.
Understanding these foundational rights prevents the facility’s insurance company from minimizing your experience or denying the compensation you need to recover.
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How Does a Patient Assault Workers’ Comp Claim in MN Differ From Other Injury Claims?
Following a patient assault, a workers’ comp claim often involves unique challenges, particularly when the patient suffers from cognitive impairments like dementia or psychiatric conditions. Under Minnesota law, the no-fault system means that you don’t have to prove negligence on your employer’s part, but also that you don’t need to demonstrate the patient was negligent or intentionally malicious, for example:
- Physical impact and injury. Even if the patient did not understand their actions, the physical result, such as a broken bone, a bite, or a back strain, is a compensable work injury.
- Psychological trauma and PTSD. Healthcare workers often suffer significant mental health hurdles after an attack, and Minnesota law now provides specific pathways for certain PTSD claims for first responders and certain medical staff.
Our team focuses on the impact the incident had on your life, ensuring the insurance company treats the assault with the seriousness it deserves.
Can a Nurse Attacked at Work Pursue Compensation Beyond Workers’ Comp?
If you are a nurse attacked at work, compensation may not be limited solely to the workers’ compensation system. While you generally cannot sue your employer directly due to the exclusive remedy rule, certain situations allow for a third-party liability claim, including:
- Negligent security contractors. If a third-party security firm failed to intervene or maintain a safe environment as contracted, you may have grounds for a civil lawsuit against them.
- Defective safety equipment. If a mechanical failure in a restraint or a panic button system led to your injury, the manufacturer of that device could be held liable.
- Intentional acts by non-patients. If a visitor or non-patient, who was not an employee, injured you, you might be able to pursue a personal injury claim outside of workers’ comp.
As your attorney, we can thoroughly evaluate these crossover opportunities to ensure you pursue every possible avenue of compensation available to you.
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What Are the Most Common Injuries Sustained During Patient Encounters?
The physical demands associated with nursing and personal care often require caregivers to assume various physically challenging positions. In such situations, a sudden or unexpected movement by a resident can easily lead to multiple long-term injuries for the caregiver, involving:
- Severe back and neck strains. Sudden movements during a transfer or repositioning can cause disc herniations or spinal cord trauma.
- Bites and infectious exposures. Human bites carry a high risk of infection and can lead to permanent scarring or the need for intensive antibiotic treatments.
- Fractures and blunt force trauma. Hits, kicks, or being pushed against hard medical equipment can result in broken bones that require surgery and months of rehabilitation.
- Head and brain injuries. Falls or direct blows to the head may cause concussions or traumatic brain injuries (TBI) that impact your cognitive function.
We collaborate with your medical providers to thoroughly document your injuries, so the insurance company assigns a disability rating that accurately reflects the actual severity of your condition.
FAQ: Workers’ Comp for Healthcare Employees Injured by Patients
Yes. If you are injured while performing your job duties in a healthcare facility, including injuries caused by patients, you may qualify for workers’ compensation benefits.
Common injuries include bruises, cuts, fractures, back and musculoskeletal injuries, and emotional trauma resulting from physical assault or aggressive patient behavior.
Yes. If emotional distress or PTSD results directly from a workplace injury or assault, workers’ comp may cover treatment costs and related benefits.
Report the incident to your supervisor, seek medical care, document the injury and circumstances, and keep records of witnesses or patient behavior. Prompt reporting strengthens your claim.
Yes. Workers’ compensation can provide partial wage replacement if your injury prevents you from performing your job duties while recovering.
Workers’ comp also covers cumulative injuries, such as repetitive strain from lifting or assisting patients, as long as they are work-related and documented.
If your employer contests your claim, you can appeal the decision or seek legal representation to ensure your rights are protected and benefits are properly awarded.
While not required, an attorney experienced in healthcare workplace injuries can guide you, ensure your claim is accurate, and help with appeals or disputes.
Yes. Workers’ compensation can provide death benefits to eligible family members, including funeral expenses and lost income, if the injury leads to the employee’s death.
Yes. If a worker contracts an illness, such as COVID-19 or other infectious diseases, due to patient care, workers’ comp may cover medical treatment and lost wages depending on state provisions.
Why Choose Arechigo & Stokka to Protect Your Healthcare Worker Injury Rights?
After being injured by a patient while working, you need a law firm that prioritizes your peace of mind and recovery. John Arechigo and Josh Stokka founded Arechigo & Stokka in 2007 to provide direct, personal representation that is often lacking in larger firms. Having known each other for over 20 years, they offer a seamless, unified team of advocates. When you work with Arechigo & Stokka, you communicate directly with your attorney, not an associate or case manager. We take the time to understand how your injury impacts your career and family, and tailor our strategy accordingly.
Fight for the Benefits Your Service Deserves
You have spent your career caring for others, and now it’s time for someone to care for you. The choices you make after a patient injury can shape the rest of your professional life. Contact Arechigo & Stokka today at (651) 222-6603 to schedule your free consultation and learn how we can help you protect your health, your income, and your future.
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