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Ely, Counselor at Law
Category: Personal Injury Law
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can you file a lawsuit against the state of California to protect

Customer Question

Can you file a lawsuit against the state of California to protect people who are injured on the job and workers comp is unresponsible. They have left my daughter disabled. She was injured in 2012 and it is still going on. I feel like thy hope she just dies and goes away.
Submitted: 2 years ago.
Category: Personal Injury Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature.
I am very sorry to hear about this situation.
While it is not possible to file a suit against the state of CA for the workman's compensation issue, it may be possible to move the matter into the judicial court for judicial review and thus in essence "sue" the state that way.
What happens is that if the administrative hearings within the Dept of Industrial Relations and the Workers' Compensation Appeals Board do not lead anywhere and the administrative (non-judicial) appeals are exhausted, one can theoretically file a Writ of Mandate, asking the COURT to review the decisions made. See here for how to do this.
While there is no guarantee, sometimes the Court reversed the administrative rulings. An attorney is recommended, if possible.
Good luck.
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