What happens when you are given community service on the freeway or some other type of community service program and are injured? What are your rights? Can you pursue a claim for damages? What if the guy who hit you was uninsured? What if Caltrans created a potentially dangerous situation that resulted in an injury to you or a loved one, what are your rights? We have had a number of cases where our clients have been injured during some type of community service and have worked hard to recover favorable results.
Community Service Accident Injuries – Filing a Workers Compensation Claim
Working on a freeway or performing labor in a potentially dangerous condition is hazardous. This is particularly true if you do not have proper training to perform these duties and were not given proper training. In cases which deal with Caltrans or any type of community service program, you are entitled to damages if you are injured.
However, who you can recover from will depend entirely on the case. If the injury took place as a result of a 3rd party you can pursue them independently for your injuries. If the injuries took place as a result of some type of negligence by the parties then you can make a claim against them for damages. Selecting which party to hold accountable will depend on a lot of different factors.
Time Line for Filing a Claim – Statute of Limitations for Personal Injury Lawsuits
How long do I have to file a lawsuit or claim for my damages? California is usually TWO years, but there are exceptions. If the claim is a government claim then you only have SIX MONTHS from the date of the injury to file an administrative claim for damages. Filing an administrative claim should be done by your lawyer. If for any reason it is not done correctly there can be significant issues with the claim, which can end up damaging your case.
Additionally, if the claim is not filed in a timely manner then you will be forever barred for pursuing a claim for damages. Make sure you have this element of your claim done immediately to avoid any damage to your case.
Who Is Liable for My Injuries – Liability for Injured While Performing Community Service
Liability for injuries can be apportioned depending on who was at fault. Determining fault will depend on a number of different factors. This can include the following, how the accident happened, police report, name of parties involved, training and other important factors. In any case liability will be something that needs to be pinned down. Make sure you obtain the names and numbers of anyone who was present. If a police report was taken make sure it includes the names of any witness who can attest to the facts surrounding the accident. Should you have any questions let us know.