Nurse Attacked by a Patient at Work: What Happens Under Illinois Workers’ Comp
When a nurse is attacked by a patient at work, Illinois workers’ compensation treats the incident as a work injury—not a personal matter. The nurse may be entitled to medical treatment, wage replacement benefits, disability compensation, and in severe cases lifetime benefits, even if the hospital minimizes the assault or no criminal charges are filed. This page, written by an experienced workers’ compensation lawyer, explains what happens next and how workers’ compensation applies after a patient assault.
What happens right after a patient attacks a nurse?
After a patient assault, several things usually happen at the same time: the nurse receives medical attention, the hospital requires an incident report, the nurse may be taken off work, and the employer’s workers’ compensation insurance carrier becomes involved. Hospitals often frame these events as “workplace issues” or “security issues,” but workers’ compensation focuses on whether the injury happened because of the job.
Healthcare facilities also have obligations under OSHA’s workplace violence guidance for healthcare and social service workers. Even when a hospital’s safety measures are inadequate, workers’ compensation is still the primary system that pays medical care and benefits after an on-the-job assault. OSHA: Workplace Violence in Healthcare
How Illinois workers’ compensation treats nurse assault injuries
Under the Illinois Workers’ Compensation Act, an injury is generally compensable when it arises out of and occurs in the course of employment. A patient assault typically meets this standard when a nurse is injured while performing job duties—whether in an emergency department, psychiatric unit, inpatient floor, or long-term care setting.
See the statute here: Illinois Workers’ Compensation Act (820 ILCS 305)
You do not need to prove:
- the hospital was negligent
- the patient intended harm
- criminal charges were filed
If you want the broader rule for all industries, start here:
Does Workers’ Compensation Cover Workplace Assaults in Illinois?
For Chicago-specific hospital violence and the related legislation discussion, see:
Chicago Nurses Attacked by Patients: Hospital Violence, Illinois Laws, and Workers’ Compensation
What benefits may apply after a nurse is attacked by a patient?
Depending on the severity of the injuries, Illinois workers’ compensation may provide:
- Medical care (ER care, follow-ups, specialists, therapy, and mental health treatment)
- Temporary Total Disability (TTD) wage replacement if you cannot work
- Permanent disability benefits if the injuries do not fully resolve
- Lifetime benefits and future medical care in catastrophic cases involving permanent total disability
Disputes about benefits are handled through the Illinois Workers’ Compensation Commission (IWCC). You can learn more here:
Illinois Workers’ Compensation Commission (IWCC)
Real case: what happened after a nurse was attacked
We recently represented a traveling nurse who was brutally beaten by a patient. She suffered a severe concussion and severe PTSD. The insurance company fought the claim. We took the case to trial and won lifetime payments and all future medical care after she was found permanently and totally disabled.
What a nurse should do after being attacked by a patient
- Get medical care immediately (including mental health treatment if needed).
- Report the incident to your employer and complete the facility’s incident report.
- Document symptoms (head injury symptoms, sleep disruption, anxiety/PTSD symptoms, cognitive issues).
- Be careful with insurance adjusters and return-to-work pressure.
- Talk to a workers’ compensation lawyer if the claim is denied, delayed, or minimized.
Related firm resources:
Frequently Asked Questions After a Nurse Is Attacked by a Patient
What happens right after a nurse is attacked by a patient at work?
After a patient assault, the nurse typically receives medical treatment, completes a hospital incident report, and may be removed from work if injuries prevent returning. The employer’s workers’ compensation insurance carrier then becomes responsible for handling the claim.
Does workers’ compensation apply even if the hospital says violence is part of the job?
Yes. Illinois workers’ compensation does not treat patient violence as an assumed risk that eliminates benefits. If the assault occurred while performing job duties, it may be compensable regardless of hospital policies.
What if the nurse has PTSD or psychological trauma after the assault?
PTSD and other psychological injuries may be compensable when they are caused by the workplace assault and supported by appropriate medical documentation.
Do criminal charges need to be filed for workers’ compensation to apply?
No. Workers’ compensation benefits are separate from criminal proceedings. A nurse may still qualify for benefits even if police are not involved or no charges are filed.
Can a nurse receive lifetime benefits after a patient assault?
Yes. If injuries result in permanent total disability, Illinois workers’ compensation may provide lifetime disability benefits and future medical care in catastrophic cases.
