Discussion Iowa’s child labor changes

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Zorba

Lifer
Oct 22, 1999
14,716
10,142
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Actually, I'm not sure why the article bothered to highlight that language, since employers are already not liable if an employee is injured on the job due to negligence. In every state. It's called worker's comp. It is the exclusive remedy for on the job injuries. No civil action is permitted. The only exception is if you are injured on the job due to the negligence of a third party who isn't your employer. Like being a driver for UPS and someone crashes into you on the road.
Isn't the employer still technically liable? They just have to have workers comp insurance that covers the claim? Like liability insurance with cars?
 

NWRMidnight

Platinum Member
Jun 18, 2001
2,958
2,563
136
Isn't the employer still technically liable? They just have to have workers comp insurance that covers the claim? Like liability insurance with cars?
My dad had a plumbing business back in the 80's. He had a ditch calaps in on an employee, which was before OSHA made "coffin boxes" (steel housing that protects the worker in a ditch) mandatory, or they where widely used in that state. The employee survived but had long term medical issues from the accident. He was going to sue my dad, but learned he would have to pay back every penny of workman's comp BEFORE he could sue. This was years later. So I don't think it's not that they can't sue, but the rules around workman's comp make it difficult.
 
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woolfe9998

Lifer
Apr 8, 2013
16,188
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Isn't the employer still technically liable? They just have to have workers comp insurance that covers the claim? Like liability insurance with cars?

Yes, they have to have worker's comp insurance. But also, the remedies are limited, mainly in that there are no general damages in worker's comp, so no pain and suffering or emotional distress. Worker's comp is just time off work in the past and future, and medical bills.
 
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