Attorneys
If you were injured at work in Iowa, you may assume workers’ compensation is your only option. In many cases, that’s true, but not always.
If someone other than your employer caused your injury, you may be able to file a third-party personal injury claim and recover significantly more compensation than workers’ compensation alone.
Understanding how these claims work could make a major difference in the total amount of compensation you recover.
Can You Sue Someone Other Than Your Employer in Iowa?
Employees cannot sue their employers for injuries that occur while at work if they accept payments from Workers' Compensation. Employers are protected from lawsuits when these benefits are paid. Even if an employer was clearly negligent and was the direct cause of your injuries, you cannot seek legal recourse against them.
However, if your injury was caused by a third party (someone outside your employer or coworkers), you may have the right to file a separate personal injury claim.
What Is a Third-Party Work Injury Claim?
A third-party claim is a lawsuit against a person or company not affiliated with your employer who contributed to your injury.
These claims are important because they allow you to recover damages that workers’ compensation does not cover, often resulting in significantly higher compensation.
Liability in a Third-Party Claim
Liability for a third-party claim will depend on the specific circumstances surrounding your Iowa work accident. For instance, if you were injured on the job, but a defective product caused the injury, liability may be found with the manufacturer.
If you were injured while on the job at another company's site, liability may be found with the property owner. That would mean filing a premises liability claim.
If you were driving your company vehicle and another driver ran a red light and struck you, then they may be held liable through a personal injury claim.
- Defective equipment or machinery → Claim against the manufacturer
- Injuries at another company’s job site → Premises liability claim
- Car accidents while working → Claim against the at-fault driver
- Contractor or subcontractor negligence → Claim against another company
A third-party claim can become complicated and time-consuming, which is why you need the help of an Iowa injury attorney who handles both Workers' Compensation and personal injury cases.
Iowa Personal Injury Third-Party Compensation Types:
Medical expenses
You can recover past and future medical costs, supported by medical records and expert testimony. Iowa law only allows you to collect the amount of the bills that were paid by you and/or the insurance company. You are not allowed to collect the amount charged, which is often much higher than the amount paid. Your future medical expenses will need to be proven through expert medical testimony combined with billing information.
Loss of quality of life damages
These are more commonly referred to as past and future pain and suffering compensation for both physical pain and emotional distress.
Loss of full mind and body
This is compensation if your injuries are permanent, including scarring, and is similar to PPD in workers’ compensation cases discussed below. Unlike with workers' compensation, where often the AMA Guides 5th Ed. is used to determine a specific percentage of disability multiplied by the number of weeks that a specific body part is worth, in personal injury cases, there is no formula.
Lost wages
Recovery of your full lost income before taxes, including benefits like retirement contributions, this can include things like lost contributions to a 401(k).
Loss of earning capacity
If your injury negatively impacts your ability to work (for example, you now have permanent work restrictions which required you to take a less physically demanding, but lower-paying job), you may be compensated for lifetime reduced earnings.
Loss of consortium
Your spouse or family may recover damages for the loss of your relationship and support (not their mental pain and suffering) with you. If a person is killed on a job, there can also be claims made by adult children for loss of consortium.
What About Insurance Policy Limits?
Many third-party claims involve insurance limitations. For example, if you are injured in a work-related car accident and the at-fault driver only has $100,000 in coverage, your recovery may be limited, unless:
- The at-fault party has additional assets, or
- You pursue an underinsured motorist (UIM) claim
For example, if the other driver only has $100,000 in policy limits and your injuries exceed the limit, then, unless the person has assets, you may have to look into an underinsured motorist claim. Keep in mind that there are specific requirements when dealing with underinsured motorist insurance policies, and mistakes can cost you any chance of making an additional recovery.
How Workers’ Compensation and Third-Party Claims Work Together
Medical care and treatment
Treatment is directed by your employer or their insurance provider. This does not apply to emergency medical treatment. If you are hurt at work, you should immediately report the injury and request medical care.
TTD (temporary total disability)
Weekly payments if you cannot work or your employer cannot accommodate restrictions.
If you are completely taken off work or if you have restrictions that your employer is not willing or able to accommodate, then you should receive a weekly workers’ compensation check.
The check will likely be close to your take-home pay after taxes, but the amount depends on whether you are married, how many dependent children you claim on your tax returns, and your wages (usually for a period of 13 weeks before you were injured). There are many variables that determine your weekly check, including bonuses, overtime, etc.
PPD (permanent partial disability)
Compensation for permanent injuries based on multiple factors, including the type of injury and your ability to return to work.
Many factors will determine how much money you will receive, including the type of injury, if you have returned to the same employer making the same or more money, if you sustained a scheduled member injury and previously sustained an injury to a different scheduled member (Second Injury Fund), etc.
However, the amount that you receive for PPD is usually significantly less than what you would receive in a personal injury case if there are high enough insurance policy limits.
What Is Subrogation in Iowa?
If you recover money from a third-party claim, the workers’ compensation insurance company may seek reimbursement. This is called subrogation.
- Subrogation amounts can often be reduced or negotiated
- Certain claims (like UIM coverage) may be treated differently
- Attorney involvement can help maximize your net recovery
There are some exceptions to this, such as underinsured motorist coverage, and we have been successful many times in greatly reducing and sometimes eliminating subrogation claims. Also, if you have an attorney involved, you get to charge the workers’ compensation insurance company a 1/3 fee and pro-rata costs, which means this money should come back to you.
Speak With an Iowa Work Injury Attorney
The intersection between Iowa workers’ compensation and personal injury laws can be complicated, and the average Iowan can make costly mistakes. It is a rare case that a worker who was injured by a 3rd party can successfully represent themselves and end up with the same or more money than if they hired an attorney.
If you have a question about your case or would like to know more about Iowa laws, feel free to call our office at 641-792-3595. We offer a workers’ compensation and personal injury case evaluation and review at no cost or obligation. Also, your information will remain confidential.
If you are not ready to speak with an Iowa injury attorney but would like more information, then claim your copy of our book entitled "Iowa Work Injuries, Car Accidents, Personal Injury and Wrongful Death" which includes 8 Common Costly Mistakes and How You Can Avoid Them.
Why would we offer such a comprehensive book for free? It is because we have seen far too many Iowans make costly mistakes before calling us. Sometimes we have been able to fix them, and other times we have not so get your copy before you make an avoidable costly mistake.
Frequently Asked Questions
Can I sue someone other than my employer in Iowa?
Yes. If a third party caused your injury, you may file a personal injury claim in addition to workers’ compensation.
What is a third-party claim?
It is a claim against someone other than your employer who contributed to your workplace injury.
Do I have to repay workers’ comp if I win a settlement?
In many cases, yes. This is called subrogation, but it can often be reduced.
Free Resource for Injured Iowans
If you’re not ready to speak with an attorney, request a free copy of our book:
“Iowa Work Injuries, Car Accidents, Personal Injury and Wrongful Death”
Inside, you’ll learn:
- 8 costly mistakes injured workers make
- How to protect your claim
- How to maximize your recovery
We offer this because we’ve seen too many Iowans make avoidable mistakes before getting legal advice.
Read Next
When a Third Party Contributes to Your Iowa Work Accident
How does workers' compensation and employer's liability work?
Filing a Workers’ Comp Claim in Iowa When Injured in a Car Accident
