What to do if I was injured when attacked by a psychiatric patient in a facility?
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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 11 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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