Des Moines Construction Accident Attorneys

Compensation After a Construction Accident

Workers' compensation in Iowa is a system designed to provide benefits to employees who have suffered work-related injuries or illnesses. Iowa's workers' compensation system operates on a no-fault basis. This means that injured workers are eligible for benefits regardless of who was at fault for the accident or injury, as long as it was not intentionally self-inflicted.

Workers' compensation in Iowa provides several types of benefits to eligible employees. These benefits may include:

• Medical Benefits: Workers' compensation covers necessary medical treatment related to the work injury or illness. This includes doctor visits, hospitalization, medication, physical therapy, and rehabilitation services.
• Temporary Total Disability (TTD) Benefits: If the injury or illness prevents the employee from working for a temporary period, they may be entitled to TTD benefits. These benefits generally provide a percentage of the worker's average weekly wage during the recovery period.
• Permanent Partial Disability (PPD) Benefits: If the work-related injury or illness results in a permanent impairment, but the employee can still work in some capacity, they may be eligible for PPD benefits. These benefits are based on the extent of the impairment and the employee's wage loss.
• Vocational Rehabilitation: In cases where the worker is unable to return to their previous job due to the injury or illness, vocational rehabilitation services may be provided to assist them in finding suitable employment.

However, if the accident is caused by the negligence of a third party, the injured party may have grounds for a personal injury lawsuit. In a personal injury claim, the injured party may seek additional compensation for pain and suffering, and emotional distress, on top of damages for medical expenses and lost wages.

The following are several potential third parties who can be held liable for a construction accident:

• Subcontractor Negligence: Subcontractors on a construction site are often responsible for specific tasks or areas. If a subcontractor fails to adhere to safety regulations, neglects proper training for their workers, or creates hazardous conditions that lead to an accident, they may be held liable for any resulting injuries.
• Equipment Manufacturer Negligence: If the accident is caused by a defect in construction equipment or tools, the manufacturer may be held responsible. This could include issues like design flaws, manufacturing defects, or inadequate warnings about potential dangers associated with the use of the equipment.
• Property Owner Negligence: Property owners have a duty to maintain a safe environment for workers on their premises. Negligence on the part of a property owner might involve failure to address known hazards, inadequate warning signs, or failure to comply with safety regulations, leading to accidents and injuries.
• General Contractor Negligence: The general contractor overseeing the construction project bears a significant responsibility for overall site safety. If the general contractor fails to implement and enforce proper safety protocols, coordinate effectively among subcontractors, or address known hazards, they may be held liable for injuries suffered by workers.
• Architect or Engineer Negligence: In some cases, design professionals, such as architects or engineers, may be held liable for injuries resulting from design flaws or inadequate planning. If the design of a structure or component is inherently unsafe and leads to an accident, the design professional may be a potential defendant in a personal injury lawsuit.
• Proving Third-Party Negligence: Establishing third-party negligence involves showing that the responsible party had a duty of care, breached that duty through negligent actions or omissions, and that this breach directly caused the injury. This often requires a thorough investigation, gathering evidence, and consulting with experts to establish the link between negligence and the accident.
• Potential Compensation: In a personal injury lawsuit based on third-party negligence, the injured party may seek compensation for various damages, including medical expenses, lost wages, pain and suffering, emotional distress, and, in certain cases, punitive damages to punish the negligent party for particularly reckless behavior.