Staff member didn't were Personal Protective Equipment (PPE)
Sustained injury from mental patient
You put the question topic down as workers compensation. This isnt exactly a WC question. This person may have a WC claim against their employer because of this accident, but more facts are needed. However, rules governing workplace behavior arent laws: they are rules of the employer. If the employer requires it, and it wasnt worn, then there may be a defense to the comp claim.
If there is a rule in place at a mental health hospital that employees wear PPE, and they didnt and were injured, that will be a defense in a workers compensation claim. The employer will say that the employee knowing violated a known safety rule, and should thus be prohibited from receiving workers compensation. I think you need to provide more info so we know where you are coming from with this question.
This is a Health Care law and Employment law issue not a workers comp issue. It depends what the policies and procedures that the employer required when dealing with mentally ill patients. It would be in their handbook. The government will also have rules and regulations in place. If a staff person was bite by a patient, it would be covered under workers compensation unless there are clear guidelines that were violated and the staff person's conduct was "willful".
Workers comp is the right forum for AFTER you’ve been bit....not before
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