Legal Question in Personal Injury in Oregon

Re: are the negligent?

Dear RN: IN GENERAL, yes, whatever insurance company it is, SAIF or otherwise, the workers comp remedy is usually, but not always, the EXCLUSIVE remedy for an on-the-job injury. There are sometimes separate claims for negligence arising out of the same circumstances, or a "third party claim." Typically, they are entitled by statute in Oregon, to be reimbursed. That can be negotiated under some circumstances.

The important point is that you should talk at length with a plaintiff's injury lawyer as soon as you can. There are sometimes very short timelines involved, especially if any defendant or wrongdoer in such a 3rd party claim is an agent or employee of any level or type of government in Oregon, other than Federal, and acting in their capacity as such.

What sort of machine and for what procedures are you claiming that this machine SHOULD HAVE BEEN in the room where you were working? Why? Is this a STANDARD, industry practice, to have this machine in the room? Why, if you know, was the machine NOT in the room, or were you TOLD why? What is the nature of your injury? How were you injured by the ABSENCE of the machine, and in what way do you think it will it be lifelong? Also, what is the DATE of this injury?

Sorry for the barrage of questions, but it's hard to answer yours without knowing the answers to mine. Best of luck as well!

Sam