Personal Injury Civil Claims May be Available to Victims of Criminal Harm
Assaults are one of the ten most common bases for civil claims seeking personal injury damages in this country. See, “The 10 Most Common Personal Injury Claims,” published by The Daily Campus on January 11, 2020. These are not acts of mistake or error. Instead, these are intentional acts which result in someone being seriously injured or killed.
In our previous post, we discussed how ridesharing services like Uber and Lyft are dangerous to riders, drivers, and third parties for both physical assaults as well as sexual assaults. Ridesharing assault claims are shockingly commonplace today as victims seek civil damages from ridesharing companies as well as others who may be legally liable for their injuries.
Unfortunately, personal injury claims based upon intentional acts of assault can result from a wide variety of situations here in our part of the country. Often, it is not only the individual who committed the criminal act of assault but other parties (like employers, hospital facilities, nursing home corporations, school districts, and more) that may be legally liable for the assault victim’s injuries under the laws of Indiana or Illinois.
1. Hospital Assaults: Health Care Workplace Violence
Nurses and other health care workers are extremely vulnerable to assaults while on the job. According to OSHA (Occupational Safety and Health Administration), “healthcare accounts for nearly as many serious violent injuries as all other industries combined. Many more assaults or threats go unreported.”
OSHA’s research finds that victims of “serious violent incidents” were hurt by (1) patients; (2) visitors; (3) coworkers; and (4) other parties. In the healthcare industry, OSHA found:
- 21% of registered nurses and nursing students reported being physically assaulted during a 12 month period;
- 12% of emergency department nurses experienced physical violence during a seven-day period; and
- 13% of employees in Veterans Health Administration hospitals reported being assaulted in a year.
Of particular risk are those who work with the mentally ill. According to the Bureau of Labor Statistics, psychiatric aides experienced the highest rate of violent injuries that resulted in days away from work, at a rate more than 10 times higher than the next group, nursing assistants.
For more, see: “Healthcare’s epidemic of workplace violence: 5 top safety challenges and 6 best practices to minimize harm,” published by Becker’s Hospital Review on January 3, 2020.
Right now, legislation is being considered by Congress to help address the rampant problem of health care professional assaults. Details of the pending legislation are discussed in “The time is now to protect healthcare workers,” written by Rhonda Collins and published in MedCityNews in December 2019.
2. Physical Assaults at School
Assaults at college campuses as well as high schools and other local school district campuses can result in either students or teachers suffering serious bodily injuries. These claims can involve minor children, students who are legally adults, as well as teachers, aides, and other workers who are assaulted while on the job.
These assaults can range from bully beatings to rapes, as well as active shooter incidents. For more on the duties to protect students and others from an active shooter, read “Duty of Businesses to Protect You from Active Shooter in Indiana or Illinois.”
For instance, last month CNN reported on an alleged “physical assault, as well as allegations of anti-Semitic and racial slurs” at an Indiana frat house. See, “Indiana University investigating allegations of an assault and anti-Semitic slurs at fraternity, it says,” written by Eliott C. McLaughlin and Chuck Johnston and published by CNN on December 16, 2019.
Another example: there was widespread social media sharing of a video showing an Indiana middle school student being beaten in the school bathroom, resulting in serious bodily injuries including a concussion. For details read “Lawsuit alleges school district didn’t keep student safe from bullying,” written by Melissa Hudson and published by ABC57.com on September 26, 2019.
3. Patients and Nursing Home Residents
Patients in health care facilities and residents of nursing homes in Indiana and Illinois are particularly vulnerable to assault. Nursing home abuse is shockingly pervasive in our part of the country. See, e.g.:
- New Online Warning for Nursing Home Abuse or Neglect: Indiana and Illinois Both Rank “Bottom of the Barrel”
- DOJ Prosecutions of Hospitals and Doctors: Confirming Epidemic of Profit – Not Patient Care – as Motivation for Health Care Industry
These assaults can involve physical beatings as well as sexual assaults. For instance, a nurse was arrested and charged for sexually assaulting two patients at an Illinois hospital by local law enforcement. Read, “Nurse Sexually Assaulted 2 Women at Glenbrook Hospital,” published by Patch on September 12, 2019.
Physical Assaults and Personal Injury Claims in Illinois and Indiana
When someone is hurt on the job, their employer as well as other third parties may be responsible for the civil damages that result from the employee’s bodily injuries. Workplace violence claims may seek compensation from the employer, and others, for the injuries sustained in the on-the-job assault.
Victims in other situations may also look to a variety of responsible parties for their injuries, including school districts, doctors, administrators, corporate owners, and more.
How justice is achieved for these victims and their families will depend upon the specific facts of their situation as well as the state laws that apply to the case. For instance, nursing home claims are treated differently under the laws of Illinois and Indiana.
Victims of assault have the legal right to seek justice from those responsible for their injuries just as much as victims of accidental harm. Intentional acts of physical harm can form the basis of civil claims as well as criminal charges filed by the local prosecutor’s office against the perpetrator.
If you or a loved one has been the victim of assault or another intentional act that has resulted in serious bodily harm or even death, then it is vital that you understand you may have legal avenues for justice available to you under the state laws of Illinois or Indiana.
Sadly, violence is happening more and more often in our part of the country. Please be careful out there!
