Anna N. worked at a nursing home serving elderly and disabled residents. During her shift, she saw a patient lose balance and begin falling. Anna reacted immediately and tried to support the patient before the patient struck the floor.
However, the patient’s weight and momentum pulled Anna down. She struck her head and body against the floor, leaving her disoriented and in pain.
Anna was later diagnosed with a concussion. She also suffered cuts, bruises, headaches, dizziness, and body pain. Her symptoms made it difficult to concentrate, move comfortably, and safely perform the physical duties required in a nursing home.
Because Anna was injured while carrying out her responsibility to assist a resident, she pursued workers’ compensation benefits for medical treatment and lost time from work. Her claim required documentation connecting the concussion and other injuries to the workplace fall.
The matter also demonstrated why nursing home workers should report patient-handling accidents promptly. Head injuries may become more serious after the initial incident, while missing or incomplete reports can give an insurance carrier an opportunity to dispute what occurred.
Prior results do not guarantee a similar outcome.
Yes. A nursing home employee injured while assisting, lifting, transferring, or protecting a patient may qualify for New York workers’ compensation benefits when the accident arose from the employee’s job duties.
Yes. Workers’ compensation may cover authorized medical treatment and lost wage benefits for a concussion that occurred during employment. Medical records should clearly connect the concussion and symptoms to the workplace accident.
Concussion symptoms may include headaches, dizziness, nausea, confusion, memory problems, fatigue, difficulty concentrating, and sensitivity to light or sound. An injured worker should obtain prompt medical attention after striking the head.
Available benefits may include authorized medical treatment, partial wage replacement, disability benefits, prescription coverage, diagnostic testing, and rehabilitation related to the workplace injury.
You should report the accident as soon as possible. In New York, written notice generally must be provided to the employer within 30 days, although reporting the injury immediately can help preserve important evidence.
Yes. An insurance carrier may question a delayed diagnosis or gap in treatment. However, concussion symptoms sometimes develop or worsen after the accident, so prompt reporting and medical documentation are especially important.
A lawyer may be helpful when medical care is delayed, wage benefits are disputed, the insurance carrier questions the injury, or the employee is pressured to return to work before recovering.
| Claim Issue | What It May Cover | Important Timing |
|---|---|---|
| Medical Treatment | Authorized care for a concussion, cuts, bruises, pain, and other accident-related injuries. | Seek medical attention promptly after the accident. |
| Lost Wage Benefits | Partial wage replacement when the injury prevents the employee from working. | Eligibility depends on medically supported disability. |
| Employer Notice | Notice documenting when, where, and how the nursing home accident happened. | Written notice is generally required within 30 days. |
| Workers’ Compensation Claim | A formal claim filed with the New York Workers’ Compensation Board. | The claim generally must be filed within two years. |
| Concussion Documentation | Medical evidence connecting headaches, dizziness, confusion, or other symptoms to the fall. | Prompt diagnosis and continued follow-up are important. |
| Return-to-Work Dispute | Review of restrictions when the employee cannot safely resume nursing home duties. | Restrictions should be supported by current medical reports. |
For more, see our guides to workers’ compensation representation near Elmhurst and Rego Park and when an injured NYC worker may need a workers’ compensation lawyer.
A nursing home accident can affect your health, income, and ability to care for the patients who depend on you. When a patient’s fall causes a concussion or other serious injuries, you should not have to face the workers’ compensation process alone.
Cass & Peters Attorneys at Law represents nursing home employees, healthcare aides, nurses, maintenance workers, and other injured employees throughout Elmhurst and Queens. We can help document the accident, protect access to medical care, address lost wage benefits, and challenge improper insurance-carrier decisions.
Call (844) 591-3400 for a free consultation. Five minutes could change your life.
Si se lesionó mientras ayudaba a un paciente que se estaba cayendo en un asilo de ancianos en Elmhurst, podría tener derecho a beneficios de compensación laboral. Una conmoción cerebral, cortaduras, moretones y otras lesiones relacionadas con el trabajo pueden requerir tratamiento médico y tiempo fuera del empleo. Cass & Peters ayuda a trabajadores de salud lesionados a proteger sus derechos. Llame al (844) 591-3400 para una consulta gratuita.
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