Normally, for employment-related injuries, workers’ compensation is the exclusive remedy for a worker in Iowa. But, in this case, a worker in an egg processing plant made a claim for workers’ compensation coverage and also sued her co-workers for injuries sustained while cleaning an egg-breaking machine. In Iowa, to successfully sue a co-worker for injuries sustained on a job covered by workers’ compensation, one must prove “gross negligence” on the part of the co-worker. Basically, this means that the co-worker must have known that the injury was probable based on their actions. In this case, the worker was hosing down the egg-breaking machine when her right hand “became entangled” between the crushing mechanism when she lost her balance while attempting to gain more slack on the hose. The worker suffered severe injuries to her hand and arm, and as a result of the injury, cannot lift any more than one pound with her right arm.
The worker sued two of her co-workers (supervisors at the egg plant) alleging that they engaged in grossly negligent conduct that led to her injuries. At trial, the plaintiff was unable to prove that the co-workers (defendants) placed her in a dangerous situation or that they should have known that an injury would result. The plaintiff appealed and the Iowa Court of Appeals discussed exceptions to the Iowa Worker’s Compensation statute and whether the plaintiff had established fault against her co-workers.
According to the appellate court, the plaintiff must have shown that her co-workers acted with “wanton neglect, a level of conduct akin to recklessness.” Further, the plaintiff must have also proven that the co-workers “knew their actions would place the plaintiff in such ‘imminent danger’ that he or she would ‘more likely than not’ be injured.” In this case, there was no record of accidents in the egg-breaking room and no reason to suspect that an injury of this type would happen under the working conditions in the room. Thus, the plaintiff was limited to remedies via the workers’ compensation statute, and the co-workers had no liability. Juarez v. Horstman, et al.,No. 0-990/10-1275, 2011 Iowa App. LEXIS 73 (Iowa Ct. App., Feb. 9, 2011).