CNA Heavy Lift & Patient Transfer Injuries
Heavy Lift & Patient Transfer Back Injuries Lawsuit
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Providing care to nursing home residents is extremely physically demanding work. Nursing home residents often require assistance to walk, bathe, or perform other normal daily activities. In some cases, residents are totally dependent upon caregivers for mobility.
A Certified Nursing Assistant (CNA) is required to bathe and feed patients, assist with patient transfers, make beds that are sometimes occupied, and help patients who have fallen. All of these duties are done at an intense pace. The result is a great deal of lifting, bending and twisting.
The frequent heavy lifting or repositioning of patients has become a major issue concerning nursing home staff. This task often ends with the staff member becoming injured.
The injuries that are associated with heavy lifting or patient lifts are typically musculoskeletal disorders (MSDs), which include but aren’t limited to: low back pain, sciatica, rotator cuff injuries, epicondylitis and carpal tunnel syndrome.
Numerous studies have shown that training caregivers how to use proper body mechanics to lift residents is not an effective prevention measure because lifting the weight of adult patients is intrinsically unsafe.
Facilities frequently do not have enough CNAs to handle all the work. The understaffing can lead to overtime and double shifts that puts more physical strain on the CNAs and increases the risk of injury. The understaffing also results in CNAs being required to assist patients on their own where it would be much better to have multiple CNAs assist the same patient.
CNA Heavy Lift & Patient Transfer Injuries
Certified nursing assistants (CNAs) working in nursing homes are at significant risk for work-related injuries, but little is known about the frequency and types of such injuries and how assistive equipment such as patient lifts affect injury rates. This study uses 2004 data from the National Nursing Assistant Survey and the National Nursing Home Survey to analyze the prevalence, nature, and predictors of these injuries among CNAs working in US nursing homes. The study found that 60.2 percent of all CNAs nationally reported a work-related injury in the year prior to the survey; among injured CNAs, 65.8 percent reported being injured more than once in the past year, 16 percent required a transfer to light duty work, and 24 percent were unable to work because of their injury.
According to the Occupational Safety and Health Administration, these injuries are due in large part to overexertion related to repeated manual patient handling activities, often involving heavy manual lifting associated with transferring, and repositioning patients and working in extremely awkward postures. Some examples of patient handling tasks that may be identified as high-risk include: transferring from toilet to chair, transferring from chair to bed, transferring from bathtub to chair, repositioning from side to side in bed, lifting a patient in bed, repositioning a patient in chair, or making a bed with a patient in it.
If you are an employee of a nursing home and you’ve been injured due to heavy lifting/patient transferring, we can help you recover your losses.
Texas Non-Subscriber Work Injury Law
In Texas, workers’ compensation is a state-regulated insurance system that ensures medical bills and some lost wages are paid for employees injured on the job. The state does not require most private employers to have workers’ compensation insurance coverage. Employers not providing workers’ compensation insurance coverage are referred to as non-subscribers.
Texas is actually the only state in the United States that does not require businesses to offer workers’ compensation insurance to its employees.
How To Determine If Your Employer Subscribes to Workers’ Compensation Coverage
There are a few different ways you can check whether your employer subscribes to the Texas Workers’ Compensation Program or not. The simplest way is to check the Texas Department of Insurance’s Division of Workers’ Compensation website, where you can click on “Locate Covered Employer.” Another way is to check the employment contract you signed when you were first hired by your employer (if applicable). Finally, the employer is actually required by Texas law to inform you as to whether or not they subscribe, this doesn’t always occur, however.
What Does This Mean For Me If I’ve Been Hurt?
Non-subscriber employers may try to convince injured employees that their injuries are not serious, or are their own fault, or that they are only eligible for compensation if they waive their rights to workers’ compensation.
We can’t stress enough that this just isn’t true. All Texas workers have rights to medical treatment and compensation when they are injured on the job.
How The Carlson Law Firm Can Help Me With My Heavy Lift Injury Or Patient Lift Injury
Our skilled lawyers at The Carlson Law Firm are prepared to fight for your rights if you are injured due to non-subscriber employer negligence in a variety of professional fields. Contact us today for your free case evaluation.