Assaulted by a Schizophrenic Man in a Nursing Home...

by Amy
(Cordele, Georgia)

I work in a nursing home. I was walking down the hall and a schizophrenic man maybe 50 to 60 years of age punched me in the face. It was unexpected. Everyone knew this man was dangerous and he had been placed on different medication a week earlier.

The administrators knew he didn't belong there and that he should be in a mental institution. I feel like they do not care about employees' nor residents' safety. How is a man like this able to roam freely in a nursing home? He could have hurt a resident. Is this legal?

My main question is: Is this a case of negligence and do I have any rights to make a claim?

Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information you provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when making decisions about your case. You should always get a formal case review from a licensed attorney.

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ANSWER:

You have a workers compensation claim against your employer because the injury occurred during the course of your employment. Anytime an injury occurs in the scope of employment, it is covered by your employers workers compensation insurance. You should immediately submit a claim to your human resources department.

In addition, you may have a negligence claim for negligent supervision against your employer as well as the individual who caused your injuries.

In this claim, you can sue the employer personally but also through the premises liability insurance that the nursing home undoubtedly has for injuries that occur on site. Whether your fellow employees did anything wrong is not clear from your facts, but would be worth looking into.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.


Best of luck,

Law Guy