Des Moines Employer Negligence Lawyer
Under the Workers’ Compensation Act, most workers who become injured while they are on the job are eligible to claim workers’ comp benefits, regardless of who was at fault for the accident. That being said, if your accident was caused by the negligence of your employer, you are likely to be eligible for immediate financial relief from their workers’ comp provider. However, if you are able to prove that your accident was caused by the gross negligence of your employer, it may also be possible to file a civil claim against your employer.
At the LaMarca Law Group, P.C., our Des Moines employer negligence attorneys can help you understand what compensation you may be eligible to pursue and then help you do what is necessary to bring an aggressive claim for the full and fair compensation that you need. We understand just how much may be riding on the outcome of your claim—whether it is with a workers’ comp provider or against your employer—and our legal team has all of the experience and resources to help you explore and act on every option available to you.
Claiming Workers’ Compensation Benefits
One of the defining characteristics of the Workers’ Compensation Act is that injured workers can access immediate financial assistance after an accident, regardless of fault. In exchange, workers who are injured as the result of employer negligence cannot file suit against their employer, except in cases of gross negligence. Keeping this in mind, workers who have been injured at work should reach out to an attorney to discuss whether their employer’s negligence may actually constitute gross negligence. Even if the circumstances of your accident do not qualify you to file a civil claim against your employer, we can still help you make sure that you are treated fairly by your workers’ comp insurer.
Filing a Civil Suit for Gross Negligence
The only way that you will be able to sue your employer directly is if we can prove that your accident was caused by the gross negligence of your employer. That being said, if we can show that your safety was willfully or recklessly disregarded, there is a good chance that we may be able to pursue a civil claim against your employer. Unlike a claim for workers’ compensation benefits, the amount of compensation that you may be able to pursue from your employer with a civil suit will not be limited by workers’ compensation laws. However, if accident victims are eventually able to recover compensation through a civil suit, they will need to reimburse their workers’ compensation insurer for benefits that were distributed after the accident.
Consult with an Employer Negligence Attorney in Des Moines
If you were injured at work because of the negligence of your employer, you should reach out to an attorney to discuss what compensation you may be eligible to pursue. At the LaMarca Law Group, P.C., our Des Moines employer negligence attorneys are committed to defending the rights of injured workers. To speak with a lawyer about the particulars of your accident, please call our offices at (515) 225-2600 today.