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?


Asked on 10/10/03, 11:05 pm

2 Answers from Attorneys

Stephen Lombardi Lombardi Law Firm

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

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Answered on 10/11/03, 3:28 pm
Peter Soble Peter M. Soble, P.C., Attorney

Re: suing an employer

No

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Answered on 10/10/03, 11:09 pm


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