Employer Negligence

Transcription

A question I hear all the time from injured workers is, can I sue my employer for negligence? The answer this question is generally no you cannot. When the Iowa workers compensation system was passed in 1913. There was a trade off made between employers and employees. Under the old system, an injured worker had to prove negligence in order to make any recovery. Under the current system, you do not have to prove that your employer was negligent. But even if you can prove negligence, your damages are limited to those provided in the workers compensation system. The exception to this rule is if you can prove that a co employee, meaning another employee of your employer was grossly negligent, which is a higher standard than negligence. This usually means filing a lawsuit against another employee at work, who you can prove can be gross negligence. Your damages are not limited in a gross negligence case like they are in a workers compensation case. But keep in mind that your recovery is subject to what is called subrogation. Subrogation means that the workers compensation insurance company will have a claim against the money you may receive in a gross negligence claim. If you think you have a gross negligence claim, then you need to properly consult with an attorney as there are strict time limitations that you must file or your case may be dismissed. Please keep in mind, if you were injured because of the fault of someone else, other than your employer or a co employee, then you may have a separate personal injury claim for negligence against that person or company. There are very strict time guidelines in these cases called statutes of limitations. So you should not wait but rather seek legal advice about your injury claim. Failing to file a claim within the statute of limitations can result in you receiving no compensation.