When dealing with home-bound patients, particularly elderly ones, your business runs the risk of encountering assault and battery claims. It is important to know what exactly constitutes as assault and battery, as well as other similar risks you might face. Once you can assess these risks, you can determine how it will affect your Home Health Care Insurance.

Assault v. Battery

Depending on the state you work and live in, the definition of “assault” can vary. Generally it refers to harming another individual. Specifically in some states, it refers to the threatening of harm, where in the victim believes you are capable of committing said harm. It can be unwanted touching, without the intent of harm, as well. In cases of alleged assault, it is the word of the victim that matters most.

Battery is more easily defined than assault. It requires that there be actual physical contact, unlike assault. Usually it is simply defined as the unwanted physical touching of another person, and most often requires the intent of harm. So simply put assault is the fear of the harm coming and battery is the actual physical harm caused to another person.

How Your Insurance Policy Is Impacted

Now understanding the definitions, it’s important to know how an assault and battery claim would affect your home health care insurance policy. If a client makes a claim against you or one of your employees, your basic general liability insurance will probably not have proper coverage. This is why it is vital to have a separate, specific assault and battery policy.

A client can claim physical harm, threat of harm, or even mental anguish, which will have your business facing a whole new caveat of risk. It is important that your policy include not just physical harm coverage, but also mental harm coverage, because accusations of stress or psychological damage hold just as much merit.

For more information regarding assault and battery, neglect, sexual assault or other types of misconduct, contact one of our independent agents today! Your home health care business is at risk, so take the necessary steps to keep it safe.


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