Anyone injured while working will likely receive workers’ compensation benefits for their on-the-job injury. But could you also file a personal injury lawsuit? The answer is “possibly.” Personal injury claims are based on fault, so someone else needs to be at fault for your injury. Also, Iowa law will prohibit you from suing your employer, which is one of the benefits they enjoy for purchasing workers’ compensation insurance in the first place. Still, if a non-employer is to blame for your work-related accident, then you can possibly sue them for full compensation.
Call Ball, Kirk & Holm, P.C. to speak with a Cedar Falls workers’ compensation lawyer. We are always available 24/7 for our clients and can meet to discuss your accident.
You Can Bring a Personal Injury Lawsuit in Different Situations
Being on workers’ comp should not preclude you from suing for your injury. There are different situations where you might bring a personal injury claim:
- Motor vehicle accidents. Suppose you drive for your job, and while out on the road a distracted motorist slams into your vehicle. You have a legal remedy against the driver because they were negligent when they drove while distracted. You can possibly maintain a motor vehicle case against any motorist who drove unreasonably.
- Defective product cases. A dangerous product could have failed to work as expected and injured you. Suppose your chair collapsed beneath you or your computer caught on fire. Construction workers are often injured when equipment around the jobsite malfunctions, like scaffolding which collapses beneath them. You might have a legal claim based on a design or manufacturing defect.
- Slip and falls. You might fall when you step into a building to visit a client or vendor. You can sue the property owner for failing to use reasonable care to keep the premises safe.
- Attacks. You could be attacked while working. A customer or any random member of the public could attack you, in which case you would have a personal injury claim against them for battery.
In these examples, you are injured while working. But you have valid personal injury claims against someone for hurting you. These are only some of the most representative situations where people can sue.
Meet with a lawyer to discuss how you were injured and whether you can bring suit. As mentioned above, you will need proof of fault. Although workers’ comp benefits are “no fault,” that’s not how personal injury cases work. You cannot be more than 50% to blame for the accident which injured you if you hope to sue someone for compensation.
Why Can’t You Sue Your Employer?
Workers’ compensation is the exclusive remedy that workers have against their employers, under Iowa Code § 85.20. This protection gives employers an incentive to buy workers’ compensation insurance. They can limit their financial exposure when a worker is hurt.
The entire workers’ compensation system tries to reconcile competing objectives. Once upon a time, a worker had to sue if they were injured on the job. As a result, they ended up waiting months or years before they ever received any compensation. Workers’ compensation makes benefits available much faster. Workers benefit.
But employers benefit, too. They know how much they will end up paying in workers’ compensation premiums. With workers’ comp, there is no risk a jury will give a worker $50 million for a minor injury.
Allowing workers to sue their employers would upset this delicate balance. However, there are some limited exceptions where you might sue your employer, such as if a coworker injured you in a willful or wanton manner. But for most workers, they have no legal right to sue an employer.
The Benefits of a Personal Injury Case
Someone who is receiving workers’ compensation benefits should receive free healthcare and possibly a portion of their lost wages as they heal. Filing a personal injury claim brings added benefits:
- You can receive 100% of your lost wages. Workers’ comp typically only provides for 2/3 of your average wages. A personal injury claim can seek to recover for every dollar you lost while recuperating.
- You can demand pain and suffering compensation. Workers’ compensation pays nothing for pain and suffering, mental anguish, emotional distress, or related losses. So you can dramatically increase what you take home by bringing a personal injury lawsuit.
- You can demand compensation for future losses. These future losses include loss of earning capacity and ongoing medical care. You might include compensation for future losses as part of a workers’ compensation settlement—or maybe not.
This additional compensation can make a big difference for injured workers. Someone who is permanently disabled will have possibly catastrophic expenses moving forward. Workers’ comp is unlikely to fully compensate you for them.
Your Sole Remedy if You Are an Independent Contractor
Are you an independent contractor? Then you aren’t eligible for workers’ compensation benefits. The good news is that you might still bring a personal injury claim. And because you aren’t an employee, you can sue your employer for negligence or safety violations at the jobsite. They cannot invoke the exclusive remedy provision, since you are not receiving workers’ comp benefits.
Hire a Firm with Experience in Both
Ball, Kirk & Holm is a one-stop-shop for injured workers. We can handle the workers’ compensation side of your case, submitting a claim and handling an appeal at the Industrial Commission, if necessary. Based on our firm’s unique strengths, we can also tackle any personal injury lawsuit. Our lawyers know how to spot liability. Based on what you tell us, we can identify whether you have a possible personal injury claim against someone.
We have obtained millions in cases involving car wrecks, truck accidents, product defects, and premises liability incidents. We have negotiated with large firms and major multi-state insurance companies.
Talk with an Experienced Cedar Falls Workers’ Compensation Lawyer
Iowa’s economy depends on its workers, and when they are injured, they deserve fair compensation. Call our law firm to discuss whether you can receive workers’ comp benefits and possibly bring a personal injury claim as well. Our consultations are confidential and free.