Des Moines Construction Accident Lawyer
Helping injured clients in Des Moines pursue full recovery in construction accident matters.
If you were hurt working construction in Des Moines, the injury raises immediate questions about medical care, lost income, and who is responsible for paying. Workers compensation answers some of those questions, but in many cases it is not the whole answer. A Des Moines, IA construction accident lawyer from Law Group of Iowa can determine whether a negligent third party owes you compensation beyond what workers comp provides. Our attorneys have handled construction injury claims for Iowa workers since the early 2000s, and the consultation is free.
Construction Accident Lawyer Des Moines, IA
In a construction accident case, two separate legal systems can apply to the same injury. Workers compensation covers employees hurt on the job regardless of fault, but it pays only defined benefits and generally prevents you from suing your own employer. A third-party liability claim is different. When someone other than your employer caused the accident, such as a subcontractor, an equipment manufacturer, a property owner, or a delivery driver, you can pursue a negligence claim against that party for the full range of your losses.
Construction sites in Des Moines almost always involve multiple companies working side by side, which is exactly the situation where third-party claims arise. A construction accident attorney in Des Moines, IA sorts out which entity controlled the hazard that hurt you and which legal path, or combination of paths, applies to your case.
Types of Construction Accident Cases We Handle in Des Moines
The dangers on a job site change by the hour, and the federal government tracks the toll. According to BLS fatality data, 1,032 construction and extraction workers died on the job nationwide in 2024, and falls, struck-by incidents, electrocutions, and caught-in-between accidents account for a large share of those deaths. Our firm handles the full range of construction injury claims, including:
- Scaffolding and ladder falls. Falls remain the leading killer in construction. We investigate whether fall protection, guardrails, and scaffold assembly met the standards published by OSHA for construction, and who was responsible when they did not.
- Electrical shocks and explosions. Contact with live wires, ungrounded equipment, and overhead power lines causes burns, cardiac injuries, and deaths. These cases often point to a subcontractor or utility that failed to de-energize or mark the hazard.
- Machinery malfunctions and crush injuries. Defective or poorly maintained equipment can amputate limbs or crush workers in seconds. Claims may run against the manufacturer, the leasing company, or the contractor that removed a safety guard.
- Falling objects and collapsing structures. Tools dropped from height, unsecured loads, and trench or wall collapses produce some of the most severe injuries we see, including spinal cord injuries and brain injuries.
- Struck-by vehicle and equipment accidents. Workers are hit by reversing trucks, swinging crane loads, and passing traffic in roadway work zones. Liability frequently rests with a driver or company that is not your employer.
- Unsafe work conditions and OSHA violations. When a general contractor ignores known hazards, the violation itself becomes powerful evidence of negligence. We obtain inspection records and citation histories to build that proof.
- Fatal construction accidents. When a worker does not survive, the family may have both workers comp death benefits and a separate claim against responsible third parties. Our wrongful death practice handles these cases together with the construction claim.
Why Choose Law Group of Iowa as my Construction Accident Lawyer in Des Moines, IA?
Two Founding Attorneys Who Try Injury Cases
Christopher Martineau has practiced since 2003, and construction accidents are among his core practice areas. He belongs to the Million Dollar Advocates Forum, whose membership criteria require a verdict or settlement of one million dollars or more.Â
Christopher Johnston has practiced since 2001, is a third-generation Iowan, and is a member of the American Association for Justice, the national organization of plaintiff trial lawyers. Construction cases sit within our broader injury practice, so when a claim involves overlapping issues, your personal injury lawyer in Des Moines, IA is handling all of it under one roof.
We also know what these cases demand in practice: site inspections before conditions change, preservation letters to every contractor on the project, and early identification of each insurance policy in play. That groundwork starts at the free consultation, not after the insurer makes its first low offer.
What Is Important to Understand About a Construction Accident Case?
Damages, Liability, and Compensation for Construction Accident Cases
Liability in a third-party construction case follows Iowa negligence principles: the responsible party failed to use reasonable care, and that failure caused your injury. Iowa’s comparative fault statute, found in Iowa Code chapter 668, allows recovery as long as your share of fault does not exceed the combined fault of the defendants, with your award reduced in proportion to any fault assigned to you. Defendants in these cases routinely blame the injured worker, which is why the evidence gathered in the first weeks matters so much.
Compensation in a third-party claim reaches losses that workers comp never touches. Depending on the case, that can include the full value of lost earnings rather than a statutory fraction, the cost of future medical care, pain and suffering, loss of bodily function, and a spouse’s loss of consortium. Qualifying for workers comp and pursuing a negligence claim are not mutually exclusive, but the two systems interact, including potential reimbursement rights, and coordinating them correctly protects your net recovery.
What Are Important Aspects of a Construction Accident Case?
Construction claims are evidence-heavy, and the evidence belongs to other people: the general contractor’s incident report, the subcontractor’s safety logs, the equipment maintenance records. Getting to it quickly is half the case. After an injury in a hazardous work environment, a few steps protect your position:
- Report the injury to your employer in writing and keep a copy
- Photograph the scene, the equipment, and your injuries if you are able
- Get the names of coworkers and any other trades present
- Follow through on medical treatment, including steps after the injury like specialist referrals and rehabilitative care
You also have the legal right to report unsafe conditions. Federal law protects worker rights to raise safety complaints without retaliation, and exercising those rights does not jeopardize an injury claim.
What Is the Construction Accident Case Timeline?
Deadlines drive these cases. Under Iowa Code chapter 614, a negligence claim for personal injury generally must be filed within two years, and workers comp has its own separate notice and filing deadlines that arrive much sooner. A typical third-party construction case proceeds through:
- Investigation, evidence preservation, and identification of all responsible parties
- Medical treatment until your condition stabilizes enough to value the claim
- A demand to the third party’s insurer and structured negotiation
- Litigation if the insurer will not pay fair value, including depositions of site supervisors and safety personnel
- Settlement or trial, with workers comp reimbursement resolved at the end
Catastrophic injury cases take longer than minor ones because future medical needs and earning capacity must be established before any number makes sense.
What Should You Bring to Your Construction Accident Consultation?
Bring whatever you have; we will obtain the rest through formal channels. Helpful items include:
- The incident or injury report filed with your employer
- Workers comp paperwork and any benefit statements
- Medical records and bills to date
- Photos, names of witnesses, and the names of other companies on the site
- Any communication from an insurance company or employer representative
We will explain at the consultation whether a third-party claim exists alongside your workers comp benefits and what each path is realistically worth.
What Are Important Iowa Legal Resources for Construction Accident Cases?
For injury claims, the laws that matter most concern filing deadlines, negligence, and damages, and the official sources below are where to find them:
- The Iowa Legislature’s code site publishes the limitations chapter and the comparative fault chapter that govern Iowa injury suits.
- The federal OSHA construction page collects the safety standards that apply on job sites and frequently figure in negligence proof.
- OSHA’s worker rights page explains how to report unsafe conditions and the protections against retaliation.
Reach Out to Law Group of Iowa to Schedule a Consultation
The companies on a construction site begin protecting themselves the day an accident happens, and injured workers deserve someone doing the same for them. Law Group of Iowa offers free consultations on construction accident claims and responds quickly to new inquiries. Contact us to schedule a confidential case review with a Des Moines construction accident attorney.