US FederalCan I sue a federal contractor if their negligence injures me?
Generally, no—you cannot directly sue a federal contractor for negligence; instead, you may file a claim against the U.S. government under the Federal Tort Claims Act (FTCA), but only if the contractor was acting within the scope of their contract and under federal supervision.
What the Law Says
The Federal Tort Claims Act (FTCA) is the exclusive legal pathway for seeking compensation when injured by the negligent or wrongful act of a federal employee—or, in limited cases, a federal contractor acting under close government control. It waives the federal government’s sovereign immunity for certain torts, but does not create liability for independent contractors unless they are deemed 'government employees' under specific legal tests.
Under the FTCA, the United States is liable 'in the same manner and to the same extent as a private individual under like circumstances,' but only for acts or omissions of its employees acting within the scope of their office or employment.
Crucially, the FTCA does not apply to true independent contractors—unless courts find that the government exercised such detailed control over the contractor’s day-to-day activities that the contractor effectively functioned as a federal employee.
Before suing the U.S. government, you must first file an administrative claim with the appropriate federal agency within two years of the injury. Only after the agency denies the claim—or fails to act for six months—can you file suit in federal court.
Statutory TextThe United States shall be liable, respecting the provisions of this title relating to tort claims, in the same manner and to the same extent as a private individual under like circumstances...
— 28 U.S.C. § 2674 — Government liability for torts
What to Do
Determine whether the contractor was acting under direct federal supervision—not just oversight.
File an administrative claim using Standard Form 95 with the responsible federal agency within 2 years of the injury.
Wait for the agency’s written decision (or 6-month wait if no response).
If denied or ignored, file suit in U.S. District Court within 6 months of the denial.
Consult a lawyer experienced in FTCA claims—procedural missteps can permanently bar your case.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.