A Supreme Court has ruled against an in-home caretaker who was injured by an Alzheimer’s patient. In a 5-2 ruling, the judges decided that the caretaker would not be allowed to sue the patient or her husband for battery, negligence or premises liability.

The ruling was based largely on the caregiver’s “assumption of risk.” The judges believed that caretakers always assume certain risks by working with Alzheimer’s and dementia patients, and ruled that “those hired to manage a hazardous condition may not sue their clients for injuries caused by the very risks they were retained to confront.”

The Supreme Court told the caretaker that her only recourse was to apply for workers’ compensation. However, personal care facilities often classify caretakers as private contractors, so they may not be eligible for workers’ comp benefits.

The judges did rule that caregivers must be warned of the risks and properly trained before they agree to a job. Also, any injuries they sustain on-the-job must be related to the patient’s medical issues and not for any other reason.

Alzheimer’s patients often experience emotional stress and behavioral issues, which can lead to violent outbursts. Caretakers are not nurses or physicians, so most receive very little training before starting their jobs. Without the proper training, their jobs can be extremely dangerous.

I Was Injured on the Job! What Are My Legal Options?

The plaintiff in this case may not be able to sue the patient, but she could be able to file a civil lawsuit against her employer for undue negligence. If the employee was not trained properly about a patient or illness, the employer endangered her health by sending her into a potentially violent situation.

Workers’ comp cases usually do not allow employees to sue their employers, but there are exceptions for flagrant safety violations. If you believe your boss’s reckless behavior caused your injuries, share your story with Metier Law Firm today to learn more about your legal options.

[Did You Know: In 2000, the Colorado Supreme Court determined that an Alzheimer’s patient was not responsible when she struck a caretaker.]

Metier Law Firm, LLC – Injury Attorneys Serving Clients Nationwide

Source: http://www.huffingtonpost.com/brad-reid/legal-liability-for-injur_b_5682199.html