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.
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.
Justia disclaimers below, incorporated herein.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.