Nebraska: Nurse Awarded PTSD Benefits After Series of Assaults by Patients

A nurse, who suffered a series of assaults by patients at her employer’s hospital may recover for her mental disability—major depressive disorder and post-traumatic stress disorder—in spite of Nebraska’s general rule that requires mental health claims to be related to or caused by physical injuries. The nurse was assaulted in April 2008 when a patient “whipped” her with a large vacuum cleaner cord and punched her in the jaw. After the incident, the nurse indicated she had difficulty eating and sleeping after the assault, and had been suffering from nightmares and feelings of hopelessness. In June, another patient assaulted the nurse. This one kicked her and bit her on the arm. She reported suffering panic attacks, loss of appetite, general anxiety and depression after that incident. In July 2008, the nurse told a counselor that a male adolescent patient grabbed her and made “extremely aggressive” sexual comments to her. The nurse indicated she subsequently had suicidal thoughts and again had feelings of hopelessness. The employer denied the injuries related to the second and third attacks, contending that the nurse had not suffered any physical injuries other than being whipped by the vacuum cord. The Court agreed that the nurse had established her claim. The Court observed that there had been no indication that the nurse had experienced any symptoms of PTSD, major depressive disorder, or any other significant psychiatric problems in the 15 years prior to the initial assault. The second and third assault incidents aggravated or cumulatively added to the nurse’s physical and mental trauma.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.

See Hynes v. Good Samaritan Hosp., 291 Neb. 757, 2015 Neb. LEXIS 156 (Sept. 4, 2015) [291 Neb. 757, 2015 Neb. LEXIS 156 (Sept. 4, 2015)]

See generally Larson’s Workers’ Compensation Law, § 56.03 [56.03]

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.