A serious injury at work leaves you with tough questions. Who covers the medical bills? How do you make up for lost income? Can you take legal action against your employer if their actions caused the harm?
Our workers’ compensation lawyers in Iowa hear this question all the time. The short answer: most of the time, no. But there are exceptions, and understanding your rights can make all the difference.
Workers’ Comp Is the Usual Path
Iowa law requires most employers to carry workers’ compensation insurance. When you’re injured at work, this system provides benefits like medical care and lost wages without needing to prove that your employer did anything wrong.
In exchange, you usually give up the right to file a personal injury lawsuit against your employer. It’s called the “exclusive remedy” rule. As long as your employer carries coverage and you were hurt doing your job, workers’ comp should cover it.
But what if something doesn’t add up?
When You Can Sue Your Employer
Some situations fall outside the protection of the exclusive remedy rule. You may have the right to file a lawsuit if:
- Your employer didn’t carry workers’ comp insurance – If your employer failed to carry coverage when they were legally required to, they lose that legal shield. You may be able to sue for negligence or other damages that workers’ comp wouldn’t normally cover.
- Intentional harm occurred – Iowa courts allow lawsuits in rare cases where the employer’s actions go beyond negligence. If your employer knowingly exposed you to danger or hurt you on purpose, you could have grounds for a personal injury claim.
These situations don’t come up often, but when they do, they can lead to larger recoveries than a typical workers’ comp case.
Third Parties May Also Be Liable
Even if you can’t sue your employer, you might still have a case against someone else. For example, you might have a case if:
- A subcontractor left a worksite unsafe
- A driver caused a crash while you were on the clock
- A manufacturer produced faulty safety equipment or tools
These third-party claims happen alongside your workers’ comp benefits. They can cover losses that workers’ comp doesn’t, like pain and suffering or full wage replacement.
Know What You’re Entitled To
An injury on the job can upend your routine without warning. One missed shift could turn into weeks off. Bills show up before answers do. You know something’s owed to you, but no one tells you what or how to get it.
That’s why talking to a workers’ compensation lawyer in Iowa matters. We help you figure out whether you’re limited to workers’ comp—or if your situation opens the door to something more.
At Loney & Schueller, LLC, we’ve handled claims across Iowa involving denied benefits, unsafe workplaces, and employers who failed to follow the law. If you were hurt at work and aren’t sure where to turn next, we’re ready to walk you through your options and fight for what you deserve. Contact us today.
