Pen and claim form for a work injury

The rules for your recovery change if you were hurt in a work-related accident that was caused by the negligence of someone other than your employer or another employee. This type of Iowa work accident is known as a third-party claim and it is not part of the workers’ compensation system. Instead, third-party claims are part of Iowa personal injury law.

Your Recovery May Be Greater If You Have a Third-Party Claim

It is important to know whether a third party’s negligence could have caused your injury because your recovery in a personal injury lawsuit may be greater than your potential recovery in a workers’ compensation case. In a personal injury case, you may be able to recover for:

  • All of your lost income.
  • Physical pain and emotional suffering.
  • All of your out-of-pocket costs.

This is in addition to your medical expenses.

How Do Third-Party Liability Cases Occur?

A third party is a party other than you or your employer. If you are hurt because of your own negligence, because of another employee’s negligence, because of your employer’s negligence, or just because of bad luck then you do not have a third-party claim. However, if you can prove that someone else’s negligence caused your work-related accident then you may have a third-party claim. Some examples of third-party claims include:

  • Car or truck accidents where another driver is at fault.
  • Defective product claims where the equipment that you are working with malfunctions and causes you injury.
  • Construction accidents caused by outside contractors or vendors.

As with any work injury case, it is important to speak with an attorney if you believe that you may have a third-party claim. An attorney experienced in both Iowa workers’ compensation claims and Iowa personal injury law can evaluate your claim and make sure that you pursue a fair recovery from all potential defendants. If you would like to schedule a free, no-obligation consultation about your rights, please contact us directly at any time via this website or by phone.

Jason F. Abraham
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Helping car accident and personal injury victims throughout Wisconsin, Illinois and Iowa since 1993.