Attacked at work, not a criminal matter, who's responsible then?

dorsetlady

I've been assualted countless times at work (I'm a nursing auxiliary). I always worry about serious injury especially as I'm on the bank - if I don't work I don't get paid. Before reading this post I always assumed that I'd be compensated if I was badly injured at work! In my hospital bank workers are especially at risk as we often have to "special" (one to one nurse) difficult, sometimes violent, patients. We are expected to control these patients and have had no training whatsoever.

With the norovirus season approaching (again if I catch that I get no pay for being off sick) it really is time for me to get another job!

dickydonkin

custardy wrote: »

I suppose the ain question is what could have been done differently to avoid this?

This person would/should have been assessed and I suspect that the employer was well aware of the patients violent outbursts.

As with any workplace situation that places an employee at risk of harm, the employee must put in place controls that will reduce or eliminate the risk.

Controls will not stop the violence so it reasonable to assume that a risk will still exist and the only way to totally eliminate the risk is for the patient to be removed from the home.

Removing the patient will likely not be realistic and would only transfer the risk elsewhere, so (for example) I would have thought the employer would have (following an assessment) considered that two members of staff and who have sufficient 'physical attributes' and restraint training to mitigate any attacks, should be present when dealing with this patient.

So the answer to the OP's question, based on the information given, it is the employer who could be potentially negligent if they were aware that there was a likelihood of attacks and no reasonable precations were put in place.

On another point, a fracture (other than fingers, thumbs and toes) is reportable under RIDDOR - and as the OP's ribs were fractured then this injury becomes reportable by default.

I wonder if the OP's employer has conformed to those requirements - the employer has 15 days to report the incident - it seems that time has lapsed. Failure to report is a criminal offence.

Mrs_Ryan wrote: »

If patient has dementia (even if they're deemed to have insight) then it's
expected that injury will be accepted as 'part of the job'

NOBODY should be 'expected' to suffer an injury or assault as 'part of their job'.

SueC_2

dickydonkin wrote: »

On another point, a fracture (other than fingers, thumbs and toes) is reportable under RIDDOR - and as the OP's ribs were fractured then this injury becomes reportable by default.
.

You beat me to it, I was just about to say that!

DarkFallout

She can claim Industrial Injury Benefit if she was in employed employment during the index accident

If she feels that the employer is at fault she may wish to start litigation procedures against them. This is usually done with the help of the union via solicitors

Kaz2904

RIDDOR was completed the night of the incident.
Dickydonkin, this assault didn't happen in a nursing home, it was in hospital. Unfortunately, when in hospital, people with dementia tend to sufer more confusion as they are in an unfamiliar environment and are generally somewhat confused due to infection or other illness.
We don't routinely sedate patients because it is not in their best interests. Generally challenging behaviour is managed by getting an extra nurse to "special" the confused patient on a one to one basis as mentioned by a previous poster. This is intended to try and preempt any behavioural problems by giving them what they need when they need it and by having a constant face.
My friend was seeing a solicitor today so will hopefully have some more answers.
A concern I have is that I heard a case of an occupational therapist who sued her trust via a no win no fee company (several years back) and won a payout. Her trust then claimed all of her sick pay back from the settlement (this wouldn't affect bank workers who are not entitled to sick pay).

ohreally

Kaz2904 wrote: »

A concern I have is that I heard a case of an occupational therapist who sued her trust via a no win no fee company (several years back) and won a payout. Her trust then claimed all of her sick pay back from the

This has always been the case, the majority of staff are unaware until the claw-back happens.

DarkFallout wrote: »

She can claim Industrial Injury Benefit if she was in employed employment during the index accident

On what basis? A demonstrable loss of faculty is required.

loulou123

I work with dementia patients and know for me, getting injured is a real risk, but as my company has provided "challenging behavior and breakaway training" and all sorts of dementia training, the company would not be held responsible if something happens, as they would be seen to have done their bit. So I would say you may have a case if your friend hasn't had any training.

Whilst I think what happened to your friend is terrible, as the patient was suffering dementia they cannot be held responsible for their actions and I'm not sure why you'd want him family involved in this, as I'm sure they are aware of his unpredictable behaviour.

Uncertain

I'm not quite sure why the post title says "not a criminal matter". An assault is always a criminal matter if you choose to make a complaint. Nobody should be assaulted as part of their work. In fact, technically, you can't even consent to being assaulted!

OK, they police may not pursue it or the CPS may feel it is not in the public interest to press charges but that still doesn't mean it is not a criminal matter. In fact, failing to take proper steps to safeguard your staff can be a criminal matter in itself.

Kaz2904

Thanks uncertain, that's my problem too! The police won't even issue my friend with a crime reference number despite the fact that they would feel unable to prosecute.
I have just spoken to my friend. Her meeting with the solicitor proved fruitless. They won't take on a case as they don't feel able to prove negligence against the trust.
She has spoken to the CICA who have been helpful and are going to try to follow up the case with the police but she feels that at the moment she is expected to just "put up and shut up". She is very despondent really .

The reason she wants the family informed is because they are currently complaining about the patients treatment, that he was often wet. She wants it noted that when she was assisting him to change his pad, he broke her ribs.
I'll update further if there is any more development in case this could help anyone else in the future.
I still feel this is wrong. In no way should anyone ever be subjected to an assault and have to just live with it, there should be some form of action.

DarkFallout

ohreally wrote: »

This has always been the case, the majority of staff are unaware until the claw-back happens.




On what basis? A demonstrable loss of faculty is required.

do not be ridiculous, fractured ribs and chest pain are not loss of faculty?

she may not get paid, but it is worthy a try, and the report can always be used in litigation