Being attacked by a client in my workplace - what are my rights?

Question

I work in a home health care situation, and recently I was attacked by one of my clients. I was hit twice, one of which left marks, had my hair pulled, and had my head slammed against a table. I was told by my company that I may not fight back (which I already knew) but also am not allowed to physically restrain at all - meaning I cannot grab her hands or stop her from hitting me. My only option given to me by my company was to hold my arms up to protect myself, but I feel as though I'm entitled to some sort of safety in my workplace.

I work there again tomorrow. What is your advice if I am once again attacked by my client? Do I have any legal rights to protect myself in this situation? (I work in Missouri, if that helps.)

Updates: My client does not have any dementia, but also remains undisciplined for hitting her staff, which only encourages the behavior. I have spoken to my employer and the above was all that was said to me as far as protocol goes after being attacked.

Update 2: I am not asking about company specific protocols (obviously), I already know the company protocols but they are not sufficient to protect my safety. Also, I realize now this post belongs in legal, but as I am brand new to the site, I would appreciate it if someone with sufficient rep would suggest a move instead of people continuing to down vote my post. Also, I work for a small company. We don't have HR, and my manager is the owner of the company. It changes the relationship between employee and employer.

Answer 1

I am not an attorney, but I'd bet money that your employer cannot make you waive your legal rights under Missouri state law.. here's an excerpt:

563.031. 1. A person may, subject to the provisions of subsection 2 of this section, use physical force upon another person when and to the extent he or she reasonably believes such force to be necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful force by such other person, unless:

(1) The actor was the initial aggressor; except that in such case his or her use of force is nevertheless justifiable provided:

(a) He or she has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened use of unlawful force; or

(b) He or she is a law enforcement officer and as such is an aggressor pursuant to section 563.046; or

(c) The aggressor is justified under some other provision of this chapter or other provision of law;

(2) Under the circumstances as the actor reasonably believes them to be, the person whom he or she seeks to protect would not be justified in using such protective force;

(3) The actor was attempting to commit, committing, or escaping after the commission of a forcible felony.

What they're trying to do is to cover their own behinds because if YOU were ever in the wrong, they'd be legally liable as your employer. They don't want to deal with that possibility, so they've given you a bogus story that basically says to let the client kick your a--.

If I were you, I wouldn't go back to work without a written document that describes their policy - because if YOU get hurt, and can't work, then you have something on paper to stick them with, in court. Next time, though, get to safety and call the police immediately - as is your right. Do NOT get the idea that "taking one for the team" is in your benefit. Best of luck.

Answer 2

codenoir's answer already addresses the legal aspect. I'll try to address the workplace aspect.

I work in a home health care situation, and recently I was attacked by one of my clients. [...] My only option given to me by my company was to hold my arms up to protect myself, but I feel as though I'm entitled to some sort of safety in my workplace.

You certainly are entitely to a safe workplace, even with difficult clients.

Attacks from clients/patients are unfortunately not uncommon in health care, and any employer should have a protocol. I have spoken to a nurse I know, and the general, sensible approach is:

• Train nurses and other staff how to handle aggressive, disoriented and violent patients.
• If a patient shows signs of becoming aggressive, leave immediately - never allow yourself to be pulled into a fight. If that means a patient is not washed that day, then so be it.
• Sometimes, aggression is caused by disorientation, pain or general confusion, and can be managed if the patient is addressed and treated appropriately. This is obviously the best solution (and the reason for the training mentioned above).
• However, if a patient is aggressive regularly, this needs to be addressed by the team and management.
  • If the aggressive patient is mentally competent, staff will usually call the police. For mentally impaired patients, options include:
  • Always assigning two persons to the patient.
  • Consulting with the patient's physician to discuss other options, such as problems with medication
  • Finally, sending the patient to a psychiatric ward if all else fails.

There are many resources online to help with this, for example Staying Safe When Dealing with Aggressive Patients as a Student.

I work there again tomorrow. What is your advice if I am once again attacked by my client? Do I have any legal rights to protect myself in this situation? (I work in Missouri, if that helps.)

The steps above are the steps your employer should already be taking. If they don't, they are not doing their job. Insist that they do, try to talk to colleagues about the problem. Of course, this may get you fired, but with your physical safety at risk, I don't think you have a realistic alternative.

In the short term, to handle violence from a client:

• Leave immediately at the first sign of violence.
• If the patient is mentally competent, call police to report an assault. Otherwise, call your employer to report that you cannot care for the patient right now (then, see the steps above).

Updates: My client does not have any dementia, but also remains undisciplined for hitting her staff, which only encourages the behavior. I have spoken to my employer and the above was all that was said to me as far as protocol goes after being attacked.

This sounds a lot as if your employer wants to ignore the problem, at the staff's cost. That is reprehensible and possibly illegal, but if they insist, your only option may be to find another job (and possibly legal action, but that is uncertain and will take time). Good luck!

Answer 3

Refuse to go to the client by yourself. You may not be paid much, but not many people want to do your job, and you have far more leverage than you realize. I have been on the other side of home health care with a family member who needed help, and it certainly seemed that the low-paid employees seemed to "run" the agencies they worked for.