Legal Question in Personal Injury in Iowa
suing an employer
My son was seriosly injured in a factory while working as a temp.OSHA found multiple violations related to the accident. Can we sue for punitive damages?
2 Answers from Attorneys
Re: suing an employer
Hello, My sons often ask me this question and the answer is Yes. You can sue for anything. But can you win? That is really what you're asking I presume. Without knowing more about the facts really no lawyer would ever be able to answer that question. Legally speaking the law does not favor such a claim. An employee in Iowa has the right to file a workers' compensation claim. He/she normally gives up the right to sue the employer directly. But if the co-employees are grossly negligent then such a claim is allowed. Assuming you can get over that hurdle the next step would be to prove facts sufficent that the fact finder were enraged enough to award punitive damages. If you have any questions let me know.
Steve Lombardi
Re: suing an employer
No