Workers’ Comp After a Nursing Home Resident Assault in Colorado

 Posted on September 03, 2025 in Workers' Compensation

Working in a nursing home is a rewarding but demanding job. Caregivers and staff often deal with residents who have dementia, mental health struggles, or behavioral challenges. Unfortunately, this can sometimes lead to violent incidents. If you were injured by a patient while on the job, you may be entitled to workers’ compensation. A Larimer County, CO personal injury attorney can help you understand your rights and guide you through the claim process.

When Does a Nursing Home Assault Become a Workers’ Compensation Case in Colorado?

Not every injury at work is automatically covered, but most injuries caused by patient assaults do qualify for benefits. Under Colorado Revised Statutes § 8-41-301, employees can receive workers’ compensation for injuries that happen while on the job. If you were assaulted by a patient or nursing home resident while you were carrying out your job duties, it is generally considered work-related.

Colorado law also recognizes that workers in health care and nursing facilities face unique risks. Even if the resident had a known history of aggression that you should have reasonably been aware of, you are not considered at fault for the incident. The law is designed to protect employees, not punish them for the actions of those they serve.

Steps To Take After a Nursing Home Resident Assault at Work

If you are assaulted by a nursing home resident, seek immediate medical treatment for your injuries. Next, report the incident to your supervisor and make sure an official report is filed. Under § 8-43-102, you must notify your employer in writing within four days of the injury, or you could risk losing benefits.

Gather as much information as possible. This might include names of witnesses, medical records, and any incident reports prepared by the nursing home. If the facility has cameras, you can request that the footage be preserved. Keeping a record of what happened will strengthen your claim and help avoid disputes with the insurance company.

Finally, consult an experienced workers’ compensation lawyer. Nursing home employers and their insurers sometimes try to argue that an assault was not work-related or minimize the extent of your injuries. Having a lawyer on your side can protect your rights.

What Do Workers’ Comp Benefits Cover in a Colorado Assault Case?

Colorado’s workers’ compensation system is designed to cover both immediate and long-term needs after an injury. According to § 8-42-101, benefits can include:

• Medical care: Doctor visits, hospital stays, physical therapy, and medication

• Wage replacement: Temporary disability payments if you cannot return to work right away

• Permanent disability: Compensation if the assault causes lasting physical or psychological damage

• Vocational rehabilitation: Training or job placement services if your injuries stop you from doing your old job

Mental health treatment is also an important part of these claims. Many nursing home workers suffer from post-traumatic stress disorder (PTSD) or anxiety after being assaulted by a resident. Workers’ compensation can cover counseling and therapy to help you recover emotionally as well as physically.

Schedule a Free Consultation With a Fort Collins, CO Nursing Home Assault Attorney

A workplace assault can leave you dealing with serious financial, physical, and emotional hardships. You do not have to face the insurance company alone. An experienced Larimer County, CO nursing home assault lawyer can explain your options, gather evidence, and fight to secure the benefits you need.

Attorney Hoggatt is a member of the Colorado Trial Lawyers Association and the Workers' Compensation Education Association, and he is committed to protecting the rights of injured workers across the state. We understand the unique challenges nursing home staff face and will stand by your side with compassionate advocacy. Call Hoggatt Law Office, P.C. at 970-225-2190 today to schedule a free consultation. Se Habla Español.