In 2020, registered nurses working for private organizations sustained 78,740 injuries on the job. OSHA reports that hospital workers suffer workplace injury at twice the rate of other private industry workers.
When nurses are injured at work, they need to know how to receive compensation.
Bobby Jones Law explains nurses and healthcare injuries.
What To Know About Nurse Injuries and Healthcare Worker Accidents
- A nurse who is hurt in an accident at work may qualify to receive workers’ compensation.
- To receive compensation, the person must report the injury and file for workers’ compensation.
- The nurse may receive paid medical care, coverage for prescriptions, and medical supplies to treat the injury.
- Replacement income may be available if the nurse is unable to work.
- Compensation may be available for a permanent injury that results in disability.
- In addition, you may qualify to bring a third-party claim for compensation.
- An attorney can represent you in the entire process and can assist with both worker’s compensation and a third-party claim.
Even though it sounds simple, accident claims involving nurses are often contested. Common questions are the nature of the employee-employer relationship and whether the injury arose from the course of employment.
Workers’ compensation cases for nurse and healthcare worker accidents often rely on significant factual development. The injured party should be prepared to present evidence to prove their case.
Common Workplace Hazards Faced by Healthcare Workers
- Slips, trips, and falls
- Heavy lifting
- Moving heavy equipment
- Assault, violence
- Biological hazards, contagious disease, and poor sanitation
- Radiation exposure
- Noise
- Extreme hot and cold
- Traffic accidents
- Blunt trauma
- Needle sticks and sharp objects
- Equipment malfunction
Healthcare workers face dangers in the workplace from a variety of sources. They are often called upon to assist with patient transfers. They may move bedding and heavy equipment.
Slips and falls may occur.
In addition, equipment can malfunction. A person may be exposed to chemicals and medicines used to treat patients. A patient may have a contagious disease. The patient or family members may become hostile or aggressive.
Types of Injuries Nurses and Healthcare Workers Commonly Sustain
- Back injuries, herniated disc
- Injury from overexertion
- Traumatic brain injury
- Communicable disease
- Infection
- Broken bones
- Muscle sprains and strains
- Chemical burns
- Cuts and bruises
- Burns
Nurses, workers’ compensation, and contagious diseases
One of the unique dangers in the nursing profession is communicable disease. It is possible to receive workers’ compensation if you contract a disease while working in the nursing profession.
However, there are limitations.
The disease must be one that results from the unique exposures of employment. It may not result from exposure to fellow employees or be something that you would be equally exposed to outside of the workplace.
In other words, you won’t get workers’ compensation for the common cold or flu. However, if you contract a rare disease, and you can prove that it’s from work, it may be possible to get workers’ compensation.
See S.C. Code § 42-11-10.
Case Examples for Nurse and Healthcare Worker Accidents
Tiller v. National Health Care Center—A registered nurse suffered injury when the wheels of a medication cart jammed. The victim suffered back injury and pain, resulting in hospitalization.
The primary issue in the case was a pre-existing condition. The medical evidence presented in the case was very important.
Turner v. Medustrial Healthcare Staffing Service—The victim was a contract nurse. One of the issues on appeal was whether the injured person was an employee or independent contractor.
The court discussed the factors to analyze a work relationship. The court found that the employer had sufficient right to direct the time, place, and degree of worker services, making the worker an employee.
Shatto v. McLeod Regional Medical Center—The claimant fell on the operating room floor and cut her eye. She sought workers’ compensation. One issue was whether she was an employee or an independent contractor. Another issue was whether the fall arose out of workplace activities. The court remanded the case for further proceedings.
Steps To Take After Suffering a Workplace Injury in the Healthcare Field
If you suffer a workplace injury in the healthcare field, take the following steps:
- Report the injury to your supervisor immediately. Don’t assume that they know, even if you receive medical treatment.
- Get medical care. Your employer has a right to choose your treating provider. If it’s an emergency, you may get help from anyone. Otherwise, check with the insurer for where to go for medical care.
- Follow your medical care instructions. Don’t miss medical appointments. Always tell your medical care provider about all injuries relating to the accident.
- Communicate work restrictions. If you are unable to work or if you have work restrictions, tell your employer. In South Carolina, replacement income begins on the eighth day of lost work. If you don’t work for 14 days, then replacement income is payable from the first day of missed work.
- File Form 50. Complete and submit Form 50. It is the notice of workplace injury which preserves your right to benefits. If necessary, ask for a hearing.
- Work with an attorney. An attorney can help you determine if you are receiving all the benefits you deserve. They can help you preserve evidence and pursue your case.
Note: If you are a traveling nurse, you generally file in your state of employment, even if you were hurt in another state.
Can You File a Third-Party Claim for a Healthcare Workplace Accident?
In addition to workers’ compensation, it may be possible to file a third-party claim for a healthcare workplace accident. If it is available, it may allow you to receive compensation like pain and suffering that is not available in a workers’ compensation claim.
While it may be possible to bring a third-party claim for a healthcare workplace accident, it’s important to proceed after careful evaluation of your rights. The workers’ compensation insurer may place a lien on personal injury proceeds.
Contact an Experienced Greenville Workers’ Compensation Lawyer
If you have suffered a nurse injury or other healthcare worker accident, we invite you to contact Bobby Jones Law. We fight for the benefits you have earned. Call or message us now.