Construction Site Injuries in Iowa
Whether an injured construction worker in Iowa can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: Iowa's workers' comp law makes comp the exclusive remedy of an injured worker against the employer, and against a co-employee unless the co-employee's gross negligence amounted to wanton neglect for the worker's safety. Iowa Code §§ 85.20, 85.22
| Construction site injuries | Iowa's workers' comp law makes comp the exclusive remedy of an injured worker against the employer, and against a co-employee unless the co-employee's gross negligence amounted to wanton neglect for the worker's safety. A worker injured under circumstances creating legal liability in some other person (a third party, such as a negligent contractor or equipment maker) may collect comp and also sue that third party for damages. Source: Iowa Code §§ 85.20, 85.22 |
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| Fault rule (comparative negligence) | Modified comparative fault (51% bar). An injured person's own fault does not bar recovery unless it is greater than the combined fault of the defendants, third-party defendants and released persons; damages are reduced by the injured person's percentage of fault. Source: Iowa Code § 668.3 |
| Deadline to sue for an injury | A lawsuit founded on injuries to the person (or reputation), whether based on contract or tort, must be filed within two years after the claim accrues. Source: Iowa Code § 614.1(2) |
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FAQ
Can you sue for a construction accident in Iowa?
Iowa's workers' comp law makes comp the exclusive remedy of an injured worker against the employer, and against a co-employee unless the co-employee's gross negligence amounted to wanton neglect for the worker's safety. A worker injured under circumstances creating legal liability in some other person (a third party, such as a negligent contractor or equipment maker) may collect comp and also sue that third party for damages.
Can you recover damages if you were partly at fault in Iowa?
Modified comparative fault (51% bar). An injured person's own fault does not bar recovery unless it is greater than the combined fault of the defendants, third-party defendants and released persons; damages are reduced by the injured person's percentage of fault.
What is the statute of limitations for personal injury in Iowa?
A lawsuit founded on injuries to the person (or reputation), whether based on contract or tort, must be filed within two years after the claim accrues.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.