Can I File a Workers' Compensation Claim if My Injury was Caused by a Patient or Visitor?

Unfortunately, health workers are injured at a higher rate than the average employee. One all-too-common safety risk: Violence by patients and other visitors. The Centers for Disease Control and Prevention (CDC) reports that “health care workers, particularly nurses, are at a far higher risk of workplace violence compared to most other professions.” These cases fall under workers’ comp law. Within this blog post, our Gettysburg workers’ comp lawyers explain the key things to know about applying for benefits if your injury was caused by a patient or a visitor.

Workplace Violence is a Serious Problem in Hospitals and Other Health Settings

Workplace violence is a serious problem in hospitals and other healthcare settings, with nurses, doctors, and staff frequently facing verbal abuse, physical assaults, and even life-threatening attacks. Patients, visitors, and even co-workers can be sources of violence. The data is clear: The risk of workplace violence is far higher for workers in health care settings than for the average profession. Notably, in Pennsylvania, 66 percent of surveyed members of the Pennsylvania Association of Staff Nurses and Allied Professionals reported experiencing workplace violence in 2024 alone.

Workers’ Comp in Pennsylvania Covers Patient/Visitor Assaults

As explained above, the unfortunate reality is that health workers in Pennsylvania face workplace hazards, including injuries caused by patients or visitors. Whether the injury results from a violent assault, workers’ compensation benefits are absolutely available. Pennsylvania’s workers’ compensation system is a no-fault system, meaning that an injured healthcare worker does not need to prove negligence to receive benefits. If an injury occurs while performing job duties, it is generally covered—regardless of whether the harm was intentional or accidental. Common injuries caused by patients/visitors include bites, scratches, fractures, and traumatic brain injuries (TBIs).

Can I File a Lawsuit Against a Patient or Visitor?

Yes. In addition to workers’ compensation, healthcare workers injured by a patient or visitor may have the option to file a third-party personal injury lawsuit. While workers’ compensation prevents lawsuits against an employer, it does not bar claims against non-employees. If a visitor or patient intentionally assaulted a healthcare worker, a civil claim for damages could be pursued. However, these claims are not always viable as the defendant may not have sufficient assets to support a recovery. Still, it is an option worth considering. Further, a workers’ comp claim should always be filed, regardless of whether or not a healthcare worker is considering a third party liability case.

Contact Our Gettysburg Workers’ Compensation Attorneys for Health Workers Today

At DiLoreto, Cosentino & Bolinger P.C., our Gettysburg workers’ comp lawyer is standing by, ready to advocate for your rights and your interests. If you or your loved one was hurt by a patient or visitor, we can help. Contact us today for a free, no obligation initial case review. With an office in Gettysburg, we represent health care workers throughout all of Pennsylvania.