Q: Hello, I was attacked at work and got bitten, I’m a CNA. I want file for emotional distress/pain and suffering.
Is this possible I wanted to get advice on how to approach this
A: I am sorry to hear of your injury. Assuming this is a Pennsylvania case, your potential benefits would likely be confined to workers' compensation which would only cover related wage loss and related medical bills. If you suffered a psychological injury as a result of this attack, treatment for that condition may be covered by workers' compensation. Workers' compensation does not provide for any payment in regard to pain and suffering or emotional distress. I would suggest that you contact a local workers' compensation attorney as soon as possible to review your claim.
A:
Your info is not clear whether you were attacked by a patient or whom? It makes a difference as to whether you have only got a Workman's Compensation claim or whether you may have claims against a third party. You are a CNA, if a mental patient attacked and bit you they may have no liability. But just being a CNA does not mean that you assume the risk of being bitten as a part of your job function. The Biter may be personally liable to you for assault, battery or infliction of emotional distress, and they may carry personal liability insurance. This would mean that you have 2 types of claim, workman's comp and personal injury/intentional tort. The latter does allow you to recover for emotional distress and other damages, potentially punitive damages if done intentionally, so you need to consult with a local attorney regarding all your facts. Best of luck.
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