Typically, if a worker is injured on the job their only avenue for recovery is through the workers’ compensation system. However, if their employer does not have workers’ compensation insurance, the injured worker may be able to file a civil suit. In Danker v. Willimek, the Iowa Supreme Court noted that Iowa Code 87.21 allows an employee to sue for personal injury instead if the employer does not carry worker’s compensation insurance. 577 N.W.2d 634 (1998). You can check to see if your employer is covered by workers’ compensation insurance by visiting http://www.iowaworkcomp.gov/employers-workers-compensation-insurance-coverage-verification. If you have any questions about this or any other workers’ compensation issue please contact Bob or Ashley at 515-987-4578.
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