Legal Question in Workers Comp in Alabama
I am a Regisitered Nurse and was punched in the face twice by a billigerant patient, I had confirmed injury by the emp. Health nurse. Now they have denied my workers comp claim stating that it was not a work injury. I continue to have the concussion, horrible headaches, dizziness, nightmares, anxiety as a result of this injury. (that is just a partial list of the problems that I am having) The emp health nurse suggested that I see the EAP counselor due to the anxiety, etc. I am being forced to work as they will not pay for me to have time to get better from this. Is being assaulted by a patient a valid workers comp injury??? Thank You
2 Answers from Attorneys
It happened at your job during the course of your employment and it is reasonably expected that such an injury would occur. You need to SEE an attorney about your case. Get on the phone with somebody.
If you were injured on the job, and it appears you were, I don't see how they can deny the claim. Is your physician relating everything to the assault? You would need an authorized physician (authorized by the workers compensation insurance carrier) to say that you were injured by the assault, that your current symptoms are related to the injury, and that you need time off of work in order to recover. If you are not satisfied with your current doctor, you can request a panel of four doctors to choose from, but note that you only get one panel. After that, they do not have to provide you with another doctor unless your authorized physician refers you to another specialist.
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