I work for a nursing home who recieved a patient after he broke a CNA's wrist and injured another worker at another facility. He injured my forearm, who is to blame or to be held accountable?

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The patient is triggered, agitated over nothing he just becomes violent. Which brings me to how he injured my forearm which he may of torn my muscle. He was singing with me, I even held his hand while the nurse was examining him. Once they walked out he said he wanted to take a nap I said ok, I covered him with a blanket next thing I know he grabbed me and started twisting and bending my arm causing me to scream out for the nurse. She had to pry his hands off my arm due to his grip was tight, now my forearm has been swollen for a month and my arm is in pain everyday. My workman comp is not doing what they suppose to do no diagnostic testing (mri) to see exactly whats wrong with my arm. I seen three doctors and still nothing. Been to the ER twice now. This repetitive behavior from the patient who is to blame or be held accountable?

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Get your own doctor, get a second opinion.
Your arm and your health is way more important than any lawsuit or workman's comp case. See an orthopedic specialist.

Are you often "not believed" by others in your life? Let your injury speak for itself.
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In many states, if you're unsatisfied with the WC doctor you can request to choose another one from their list.
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Workers Comp is notoriously cautious in dealing with claims--they have to be, for every "legit claim" there is at least one "fake claim". I was shocked to hear that, but my brother is a VP for WCF in our state. Years ago he was an adjuster and part of his job was to make sure people were legitimately hurt and how badly. He wasn't trying to keep anyone from receiving care for injuries in the workplace...sadly, b/c a lot of people milk the system, true injuries can be dismissed.

Before you get a lawyer, talk to your WCF rep. Make sure they are kept up to date. You may be assuming they have all your medical history and are aware of all the Drs you've seen, etc., and in fact, they probably haven't.

If you have made claims before, then it does get tricky. I am not judging you--if you are hurt, and were hurt at work, that needs to be dealt with. However, sounds like you're seeing some pretty bad Drs if not one can make the jump from "bad sprain" to torn muscle, which would be seen on a CT scan.

You need to be your own advocate in this. Don't expect anyone to jump through the hoops for you. Get the records of the incident and go to the WCF office and talk to whomever was assigned your case.

I had a hard time reading your post--are you back at work? On sick leave?

And it's actually not malpractice, so don't go there. You aren't irreparably damaged, so don't use the threat of malpractice on the docs. It's a waste of time and they will not be willing to treat you if they feel you're on the verge of filing a lawsuit.

Good Luck getting the help you need!
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I was told he was a two assist when he bruised my right arm the day before my unit manger said to me thats what he do then through people talking his other situations of injuries he caused to other health facility workers .... They diagnosed as a sprain didnt request xrays or mri's just looked from a eye view even though a month later i am still swollen and still nothing im doing it on my own cause i want to know exactly whats therapy is limiting anything with my wrist due to the swelling one doctor said it maybe a torn muscle but didnt order any test be done im seeking a lawyer against the nursing home and workman comp doctors for a diagnosing me and treating a diagnosis that is not the case my therapist said you can clearly see that its some type of tissue damage internally after a month and three doctors and still not knowing is ridiculous a sign of malpractice on their part the er i went on my own two seperate times because of the pain and swelling
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Were you warned in advance that the patient can become violent?
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What diagnoses did you get from the 3 doctors and the ER visits? Did any of them suggest therapy, or other course of action, such as resting and not using that arm any more than possible? Were the 3 doctors recommended by the nursing home's admins?

Have you discussed with the nursing home admins/execs that you're dissatisfied with the comp carriers treatment, or lack thereof? You might have to consider getting seeing a attorney who specializes in comp (usually with law firms that also handle SS claims and similar plaintiff oriented issues).

Did you sign any kind of contract when you were initially employed by this facility, and if so, does it address anything like the comp issue?
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There should have been an Incident Report done by the Nurse. Then sent to ER or doctor to have your arm looked at.
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Who should be financially accountable? I would think workman's comp. You got this injury at work. You have at least one witness. Isn't that what workman's comp is for?

Who is to blame? This poor guy's mental health condition. Does he have dementia?

Possibly the NH for exposing you to this risk. But people with mental health problems have to live somewhere. Was he on medications then? Perhaps the NH was assuming that eliminated the risk. What has happened to this person since then? Is he still there?

I am really sorry to you, and even worse that it is not being addressed in a timely manner by Workman's Comp.

Please keep us informed, and best wishes for your recovery.
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