QUESTION
Will I be entitled to a settlement for the neglect cause which I am fired for?
Asked on Aug 01st, 2014 on Personal Injury - Iowa
More details to this question:
I suffered a back injury at work due to another co-worker ignoring safety procedures (if there were in place about it) and complained about it for over a month before anyone filed a claim. I was in severe back pain and I was instructed to talk to my supervisor everyday but he ignored me until I finally demanded a claim. In the month following, things started to turn and I was eventually fired for "cause". I'm wondering if this would entitle me to some sort of settlement for the neglect caused.
2 ANSWERS
Under Iowa law if you are terminated as retaliation for pursuing worker's compensation benefits you can pursue damages based on that termination. You would have to show that your termination was based on your pursuit or request of benefits under the work comp laws. This would be pursued outside and in addition to the worker's compensation claim. The worker's compensation injury would entitle you to have your medical expenses paid, paid for your time off work, and payment if you have a permanent injury.
Answered on Aug 04th, 2014 at 12:05 PM
In Iowa you have a workers' compensation claim. If the employer fires you because of filing a wc claim they you have a separate claim in tort.
Answered on Aug 04th, 2014 at 11:54 AM