Suing Over a Work Injury in Iowa

Generally no: workers' comp rights are the exclusive and only remedies of the worker and family against the employer for a covered injury, occupational disease or hearing loss. A suit is allowed against a co-employee only if the injury was caused by the co-employee's gross negligence amounting to wanton neglect for the safety of another. Separately, an employer that failed to insure as required can be sued for damages.

Yes. A worker may claim comp from the employer and also sue a third party (not the employer or a protected co-employee) whose legal liability caused the injury, and must serve a copy of the original notice on the employer at least ten days before trial. The employer or insurer that paid comp is reimbursed from the recovery with interest (less the worker's allowed attorney fees) and has a lien, which it must preserve by filing notice of the lien with the court clerk within 30 days after receiving notice of the suit. If the worker does not sue within 90 days after written notice from the employer or insurer (30 days if the third party is a city), the employer or insurer may sue; settlements need the other side's written consent or the commissioner's approval.

An employer that fails to insure as required is liable to an injured worker, who may either sue the employer for damages or collect workers' comp. In a damages suit, the injury is presumed to result from the employer's negligence, the employer must disprove it, the employer cannot use common-law defenses such as contributory negligence, assumption of risk or the fellow-servant rule, and either side may have a jury. Willfully and knowingly doing business without required coverage is a class D felony.