If you have sustained injury in a workplace accident one of the remedies available to you for injuries that you have received is filing a lawsuit based upon the theory of co-employee Gross negligence. Under Iowa law if you have sustained a work-related injury you cannot sue your employer. However if a co–employee has caused your injury you can sue the co-employee under a theory known as “Co-Employee Gross Negligence”.
Generally the Worker’s Compensation insurer provides insurance coverage not only for benefits pursuant to the Worker’s Compensation Law but also provides insurance coverage if you sue a co-employee. This eliminates any question that a co-employee would have to pay personally, out of his or her assets, any such judgment. You should be aware however that the standard to prove “gross negligence” is very high and certainly greater than simple negligence.
If you have sustained a workplace accident and are considering a lawsuit against a co-employee for gross negligence you are advised to contact an attorney specializing in such matters. The attorney can advise you whether or not a potential case exist and then you can decide whether to proceed. We at the Beattie Law Firm are here to help you in providing such advice and representing you if we are of the professional opinion a co-employee gross negligence case exists.