Q: Staffing Agency 1099 Employee Injured While On Assignment at School District
I was injured in a wildfire while on assignment, due to the negligence of an employee. I filed a claim within 1 year with both my Agency's Supplemental Insurance, and the assigned Employer. I was rejected by the Agency's Insurance because it was purportedly not a Policy,but a Plan, The Employer I was injured at said CA State Law stipulates I onlly have 6 months in which to file a claim for being injured on their premises, yet this was never disclosed to me. Also, I found out I was actually an Employee, and not an Independent Contractor. Aside from all of this, I thought Personal Injury claims had a 2 year time limit in which to file, despite my notifying them within a year?
A: While it is true that personal injury claims generally have a 2 year statute of limitations. Unfortunately, to bring tort claims against the government or its subdivisions, you are also required to give notice of your client within 6 months. Otherwise, you claim is time barred.
Tim Akpinar agrees with this answer
A: IF YOU were just a visitor ('invitee') and got hurt at ANY GOVERNMENT facility, you have to tell that Government Agency about the Injury/Loss within 6 months. BUT YOU can prove you have an Employment Relationship, this Government Agency controlled the hours and supplies and ways to complete your assigned duties. People in an Employment Relationship have ONE YEAR from the date of injury to report it to their Employer. Just because an agency claims you were not an employee does not make it so. BUT DO be prepared to prove the employment relationship at the Workers Compensation Appeals Board.
Tim Akpinar agrees with this answer
1 user found this answer helpful
A: Whenever you have a claim against a governmental agency you have to follow the rules in the Government Tort Claims Act which states you must submit the claim within 6 months or you lose the right to sue them. If in fact you were damaged and a governmental entity caused it or is responsible to you then those rules most likely apply. You might look into what the rules are for filing a "late" claim to see if any might apply to you.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
