What to do if I was injured when attacked by a psychiatric patient in a facility?

I am an independent contract RN who was injured while performing my job in a resident care facility. I was attacked by a psychiatric patient who lives at the facility. Is the facility liable for my medical bills incurred as a result of this attack?

Asked on July 9, 2012 under Personal Injury, Oregon

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

If you are an employee any claim would be limited to woker's compensation.  As an independent contractor, you can sue for negligence---and may have a claim under strict liability.  However, if the facility is run/owned by the government you may have to make a claim with the state instead of filing a lawsuit and generally you have to file a claim within 6 months or you lose your right to sue.  I would consult a local personal injury attorney about what happened.


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