What Risks Do Nursing Assistants and Orderlies Face on the Job?

A New York workers’ comp lawyer can fight for the compensation you need while you recover

Nursing assistants and orderlies perform physically and emotionally demanding work in healthcare settings. They help with bathing, feeding, and mobility while ensuring a clean and safe environment. However, these professionals face injury risks, often leading to workers’ compensation claims.

If you were hurt on the job, understanding these risks and the legal options available can help you protect your rights and access the benefits you deserve. Read on to learn how to file a successful workers’ comp claim in New York and overcome the challenges of insurance company pushback.

What are the most common injuries among nursing assistants and orderlies?

Nursing assistants and orderlies experience some of the highest workplace injury rates across all occupations. Their job requires repetitive movements, heavy lifting, and close interaction with patients who may become aggressive. Common injuries include:

Musculoskeletal injuries: Lifting, transferring, and repositioning patients strain the body. Many nursing assistants suffer from back pain, herniated discs, and joint damage. Over time, these repetitive movements lead to chronic conditions, often requiring medical treatment or surgery.
Slip, trip, and fall accidents: Healthcare facilities contain multiple hazards, including wet floors, medical equipment, and tight spaces. Rushing to assist patients increases the likelihood of falls, which leads to fractures, sprains, and concussions.
Needlestick injuries and bloodborne pathogens: Handling needles and sharp medical instruments puts workers at risk of puncture wounds. Exposure to contaminated needles can lead to serious infections such as hepatitis B, hepatitis C, and HIV.
Workplace violence and patient aggression: Many nursing assistants care for patients with dementia, mental illness, or extreme distress. These patients may scratch, bite, hit, or even push staff members, which leads to physical injuries and psychological trauma.
Exposure to hazardous chemicals and infectious diseases: Workers often handle cleaning agents, disinfectants, and bodily fluids. Improper protection increases the risk of skin irritation, respiratory conditions, and infectious diseases such as COVID-19 and influenza.
Mental and emotional stress: Burnout and emotional exhaustion contribute to physical symptoms such as tension headaches, digestive issues, and high blood pressure. Stress-related fatigue also makes workers more prone to accidents and injuries.

How can employers improve workplace safety for nursing assistants?

Healthcare facilities have a responsibility to provide a safe work environment. Employers can reduce injury risks by implementing safety measures such as:

Training programs: Proper body mechanics, patient-handling techniques, and emergency procedures can prevent many workplace injuries.
Lifting equipment: Mechanical lifts, transfer belts, and ergonomic tools help reduce strain on workers’ backs and joints.
Workplace violence prevention: Security measures, de-escalation training, and clear policies on handling aggressive patients improve safety.
Infection control measures: Providing personal protective equipment (PPE), enforcing hygiene protocols, and offering vaccinations protect workers from infectious diseases.
Adequate staffing levels: Overworked staff face increased injury risks. Ensuring sufficient staffing prevents burnout and fatigue-related accidents.

How does workers’ compensation help injured nursing assistants and orderlies?

New York workers’ compensation provides benefits to employees injured on the job. If you suffered a work-related injury, whether caused by a sudden accident or a condition that develops over time. The benefits you can get include:

Medical benefits: Workers’ compensation covers doctor visits, hospital stays, physical therapy, and prescription medications related to the injury.
Lost wage benefits: If an injury prevents you from performing your job, you may receive a percentage of your regular wages until you recover.
Permanent disability benefits: If an injury causes long-term impairment, you may receive compensation based on your level of disability.
Vocational rehabilitation: If an injury prevents you from returning to your previous job, workers’ compensation may provide job retraining or assistance in finding a new role.

What challenges do nursing assistants face when filing a workers’ compensation claim?

Despite being entitled to workers’ compensation, you may encounter obstacles when filing claims. Common challenges include:

Employer disputes: Some employers may argue that an injury occurred outside of work or resulted from a pre-existing condition. Nursing assistants with chronic back pain, for example, may struggle to prove their condition directly resulted from job duties.
Claim denials: Workers’ compensation insurers often deny claims due to insufficient documentation or missed deadlines. Failing to report an injury promptly can jeopardize your claim.
Pressure to avoid reporting injuries: Some healthcare facilities discourage workers from filing claims, fearing increased insurance costs or understaffing issues. In this case, you may feel pressured to continue working despite being injured.
Retaliation fears: You may worry about losing your job or facing workplace discrimination after filing a claim. While illegal, employer retaliation still occurs in some cases.

An experienced New York workers’ compensation lawyer can help you through these challenges by gathering evidence, filing appeals, and ensuring you receive the benefits they deserve.

What steps should nursing assistants take after a workplace injury?

Insurance companies love when injured nursing assistants delay filing a claim. It gives them an excuse to argue against the legitimacy of your claim. However, taking immediate action after a workplace injury strengthens your workers’ compensation claim. To get started, follow these steps:

Report the injury: Inform a supervisor or manager as soon as the injury occurs. Delaying the report may give insurers reason to deny the claim.
Seek medical treatment: Visit a doctor for a thorough evaluation. Keep records of diagnoses, treatments, and medical bills.
Document the injury: Write down details of the incident, including date, time, location, and witnesses. Take photos if possible.
File a workers’ compensation claim: In New York, you must complete Form C-3 to initiate your workers’ comp claim. This requires accurate and complete information to avoid any delays or denials.
Speak to a workers’ compensation lawyer: If the claim faces delays, denials, or disputes, an experienced New York workers’ comp lawyer can push back.

Let our New York workers’ comp lawyers fight for you while you focus on your recovery

If you’re a nursing assistant who was injured on the job, you know firsthand how physically demanding and high-risk your profession can be. Whether you’ve suffered a back injury from lifting patients, a slip and fall in a hospital corridor, or repetitive stress injuries from daily patient care, you deserve full workers’ compensation benefits.

Unfortunately, insurance companies often delay or deny claims, which can leave you struggling to pay medical bills and cover lost wages. That’s where the New York workers’ comp lawyers at Pasternack Tilker Ziegler Walsh Stanton & Romano come in. We’ve been fighting for injured New Yorkers for over 90 years and ensure they receive the compensation they’re entitled to.

Our law firm can help you with everything from filing your initial claim to appealing a denial. We know that finances can be tight when you’re out of work, which is why we work on a contingency fee basis. That means you pay nothing unless we win your case. Plus, we offer a free consultation to discuss your claim and provide clear, honest advice about your options.

Don’t let the system take advantage of you. Contact us online today to schedule your free case evaluation. You can also call or visit any of our law offices in NYC and throughout New York State.

“This is the second time I used these lawyers and they are excellent as well as the paralegals answered all my questions and took care of all the paperwork and bills from my doctors and stayed on top of everything it is a great firm and should I ever need comp lawyers again would definitely use them.” – JD, ⭐ ⭐ ⭐ ⭐ ⭐

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