Q: I was bitten by a client that has no information about them having a history.
I want to sue for emotional distress & Pain and suffering for this incident. I’m a CNA but I had no idea this person would attack me.
A:
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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You don't need to post multiple times, perhaps if you read your original post you would see the answers from 2 attorneys there.
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