I work Friday-Monday 24 hr care. She ended up having a broken clavicle but could not remember how she did it or where she may have fallen. I am 24 hour care but do have to manage a couple of hours of sleep. Since I only work weekends there is another live in caregiver who takes her out all the time during the week. She did not fall and do this on my watch. The other caregiver said she didn't see her fall either. And my boss insinuated that I may have hurt her!!! I have been doing this for 5 years and have never ever hurt anyone of my seniors and have many references from most of my families. I guess my question is has this ever happened to anyone else? I also had alerted my boss a week before 2 times about her awful pain in her shoulder. It took a week later till I returned to take her to emergency orthopedic.
It is the family who has hired you who is responsible to assessing/having assessed an elder for safety and needs for care. It is absolutely clear when you hire 24 hour live in help that is done in shift work you describe, that the caregiver has to have a right to sleep.
Your agency will have insurance. When I was a nurse we used to argue endlessly whether or not we should have insurance individually. Those nurses who had insurance were more often called in on cases, as those suing look for "deep pockets" and it isn't at all unusual to sue an agency and an individual. Many nurses said "I own nothing and have nothing, so I am not worth suit", but the fact is, if you are called in to testify you sometimes need an attorney to represent you.
I think that in fact there isn't likely to be any action on this injury. There is clearly no witness to any fall. You reported possible injury. The falling is almost "expected" and injuries do happen with bone fragility.
So just continue to say little but what you told us. It is honestly all you know. Be honest, be brief. You alerted your boss.
Just for the future, as an RN I kept a daily diary of work. Everything. How many patients, condition, etc. It helped me twice in my career. Composition book that is not loose leaf, written in ink with no erasers. They can be invaluable in any court case. It would simply for you being "Anna says her shoulder hurts. I cannot see any visible bruising. She denies having fallen. Reported to George at agency on 8/22/20 7 pm".
I wouldn't over worry or overthink this. Just be honest and brief if anyone speaks to you.
Start your diary today, and write all you remember about this incident and its timing. Hope you will update us.