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Clark, Butler, Walsh & Hamann
 
CLARK BUTLER
WALSH & HAMANN
315 E 5th St.
Waterloo, Iowa 50703
Phone: (319) 234-5701
Fax: (319) 232-9579
Email: info@cbwh-law.com
 
Waterloo, Iowa Attorney practicing in Iowa primarily in Civil Litigation, Business Organization, Estate Planning & Probate, Family Law, Insurance Defense, Motor Vehicle Accidents, Personal Injury, Premise Liability, Product Liability, Real Estate, Workers' Compensation & Wrongful Death. Lawyers at the Clark, Butler, Walsh & Hamann are dedicated to serve their clients in Iowa, including the cities of Waterloo, Cedar Falls, Fort Dodge, Ames, Cedar Rapids, Iowa City, Davenport, Dubuque, Des Moines, Adel, Marshalltown, Pella, Decorah, Eldora, Johnston, Ankeny, Muscatine, Ottumwa, Manchester, Elkader, and Burlington , and the communities that make Polk, Webster, Story, Linn, Johnson, Scott, Dubuque, Black Hawk, Dallas, Marshall, Marion, Winneshiek, Muscatine, Wapello, Delaware, Clayton, Hardin and Des Moines counties.
 
 
WORKERS' COMPENSATION FAQ
Q.

Can I Sue My Employer Instead of Filing a Workers’ Compensation Claim?

Q.

Can I Sue If My Employer Disputes My Claim?

Q.

Can My Employer Retaliate Against Me for Seeking Workers’ Compensation Benefits?

Q.

What Are My Rehabilitation Rights?

 

 

" Contact a Iowa workers' compensation lawyer representing clients in Cedar Rapids, Iowa today to schedule your free initial consultation."
Marshall County Courthouse Marshalltown Iowa
Question:
Can I Sue My Employer Instead of Filing a Workers’ Compensation Claim?
 
Answer:

Generally, the answer is no.  The system of workers’ compensation benefits was established as a trade-off.  Employees gave up the right to sue their employers in exchange for the right to receive workers’ compensation benefits no matter who was to blame for their injuries.  The law in most states requires most employers to carry workers’ compensation insurance for the benefit of their employees.  In exchange for carrying that insurance, employers don’t have to worry about lawsuits from employees who are injured at work.

One exception to this general rule is that employees can sue their employers for any injury that resulted from intentional behavior on the part of the employer.  This exception applies to employers who were intentionally seeking to harm an employee.  Another exception is that employees may sue their employers for non-physical injuries, such as emotional distress or discrimination.

Additionally, in most states, employees can sue third parties that are responsible for their work-related injuries.  For example, if an employee was injured be a piece of defective equipment, he or she may bring a lawsuit against the company that manufactured the equipment.  In many states, an employee who is successful in a lawsuit against a third party may have to pay back their employer or their employer’s insurance company for the workers’ compensation benefits that they have paid out on the employee’s behalf.  As an alternative, the employer or the insurance company may join in the lawsuit against the third party and try to obtain compensation for the cost of the workers’ compensation benefits.  If you think that you may have a claim against a person or company other than your employer, contact an experienced workers’ compensation attorney to determine how to proceed.

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If you would like to schedule a free initial consultation contact an Iowa workers' compensation attorney, representing clients in Cedar Rapids, Iowa  at the Clark, Butler, Walsh & Hamann. Give us a call at (319) 234-5701 or email us at info@cbwh-law.com.
 

DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.

 

 
© MMVII Clark, Butler, Walsh & Hamann Address: 315 E 5th St., Waterloo, Iowa 50703 Phone: (319) 234-5701 Fax: (319) 232-9579
Email: info@cbwh-law.com Home l Firm Overview l Practice Areas: Civil Litigation, Business Organization, Estate Planning & Probate, Family Law, Insurance Defense, Motor Vehicle Accidents, Personal Injury, Premise Liability, Product Liability, Real Estate, Workers' Compensation & Wrongful Death l Attorneys l Resources l Contact l The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation. Iowa Workers Compensation Attorney Cedar Rapids Work Comp Injury Linn County Lawyer
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