You know that you can file a personal injury lawsuit and win worker’s compensation benefits under California law if you are ever injured at work. However, do you have similar rights if you were injured while working or being located in a government agency? Read this article to find out. Then hire a personal injury lawyer in Poway to help you draft a lawsuit that will win.
What California’s law says about injury claims against its state government
California has tort law which is referred to as California Tort Claims Act (CTCA.) It governs your rights if you are ever hurt while working or being in a government agency building. As a general rule, government agencies are not responsible for your injuries either while working or being located in a particular government agency building. This is referred to as ‘sovereign immunity,’ and has been part of American and British law for centuries. It first made its way to British law books during the Middle Ages and prevented people who were harmed by the king from suing him. However, some exceptions exist.
Limits and exceptions to the CTCA
The CTCA covers all civil liability claims asking for either monetary compensation or damages for certain injuries. It pertains to all negligence cases including medical malpractice. This tort law discusses options the prosecution has in terms of instances of breach of contract, nuisance, or intentional wrongdoing. This law states that generally speaking, a government agency or entity is liable for employees who were injured while working. The injured employees must file a claim with the agency that caused their injuries.
Employees can also sue government agencies for injuries they sustained because of the negligent actions of the independent contractors who were working for these government agencies.
Filing a claim with the CTCA
You need to file a claim with the California Department of General Services Office of Risk and Insurance Management if you were hurt by a state employee while either working or being in a building owned by a government agency. You can file your claim through an online portal if you are suing a city or county. Your personal injury lawyer will help you create your own claims letter if you can’t find a claim form to submit. This personalized claim letter must include:
● Your legal name and mailing address
● The mailing address where claims notices are to be sent
● The date, location, and description of your injury. This includes how you were injured.
● A general description of the damage, loss, or injury you have sustained. Make sure to include medical expenses/losses, lost wages, property damages, and other similar losses in the description.
● The name(s) of the employee(s) who caused the injury
● The amount claimed and how it was calculated if the total claim is less than $10,000
● A description if the resulting claim would end up in a lawsuit for a “limited civil case” if damages are less than $25,000 but more than $10,000
Time limits
Your personal injury lawyer will tell you that you have six months from the date of injury to file a claim. The state has 45 days to decide whether to accept or reject the claim. You can file a lawsuit against a government entity if it does not act upon your claim within 45 days of its filing date.It is possible for you to sue a California government agency provided you are familiar with California Tort law and you have good legal counsel.