Oregon Injuries

FAQ Glossary Topics Team
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Can my Hillsboro employee sue me after a defective stroller collapsed at our pumpkin patch?

File Form 801, the Employer's Report of Job Injury or Illness, with your workers' comp insurer within 5 days of learning about it. If the employee got medical treatment, the clinic or hospital will usually send Form 827 too.

Example: at a Hillsboro pumpkin patch during harvest season, an employee walks over to help a customer near the entrance while grain trucks are moving on the county road. A stroller suddenly folds, the employee gets yanked down, and breaks a wrist on the gravel. If that happened in the course of the job and you have Oregon workers' comp coverage, the employee will usually have a workers' comp claim, not a lawsuit against you.

That is because Oregon's workers' comp system is generally the employee's exclusive remedy against the employer under ORS 656.018.

The big exceptions are where employers get exposed:

  • No workers' comp coverage when required
  • A true intentional injury by the employer
  • Someone else may still be sued, like the stroller manufacturer, distributor, or another negligent third party

So the blunt answer is usually no, not if you were properly insured and this was an on-the-job injury.

What you need to do right away in Oregon:

  • Report it to your insurer or SAIF immediately
  • Preserve the stroller, photos, witness names, and any incident notes
  • Do not tell the employee to use personal health insurance instead
  • Expect your insurer to look at whether there is a third-party product liability claim

If the employee was hurt off your premises but still working, the same basic rule can apply. Oregon focuses on whether it arose out of and happened in the course and scope of employment, not just whether it happened on your land in Hillsboro.

by Brian Lindstrom on 2026-04-02

This is general information, not legal counsel. Your situation has details that change everything. If you were injured, speaking with an attorney costs nothing and could change your outcome.

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