Construction Accidents

Construction Accident Attorney in Des Moines

Iowa’s Largest Plaintiff Firm, Built to Take On Insurance Companies

Construction sites are among the most dangerous workplaces in the country, and the legal picture after an accident is rarely simple. Injured workers may have both an Iowa workers’ compensation claim and a separate negligence claim against a contractor, equipment manufacturer, or property owner. Families who have lost someone on a job site may have a wrongful death claim that goes well beyond what workers’ comp pays. At LaMarca Law Group, P.C., a dedicated construction accident attorney in Des Moines handles these cases, backed by a team that includes attorneys, accountants, and investigators working together to build each claim from every angle.

We represent injured workers and bystanders against insurance companies and large corporations throughout Iowa. Our attorneys bring over 100 years of combined legal experience, and LaMarca Law Group, P.C. is the largest plaintiff law firm in Iowa. Recognitions include U.S. News Best Law Firms, Best Lawyers in America, Top 100 Iowa Attorneys, Martindale-Hubbell AV Preeminent, Super Lawyers, and the National Trial Lawyers Top 40 Under 40, among others. Free consultations are available. Call us at (515) 705-0233.

Don’t navigate Iowa’s workers’ compensation and personal injury systems alone. Call (515) 705-0233 or contact us online for a free consultation with our Des Moines construction accident team.

Workers’ compensation alone seldom covers the full range of losses a construction injury causes. A third-party claim may allow recovery of pain and suffering, full lost earnings, and future medical costs that workers’ comp doesn’t pay. When a worker or bystander is killed on site, a wrongful death claim may also be available for surviving family members. We handle both.

Construction Accident Types & Who Can Be Held Liable

OSHA identifies four accident types responsible for the majority of construction fatalities: falls, struck-by-object incidents, electrocutions, and caught-in or caught-between accidents. Together, these account for a disproportionate share of the more than one in five private-sector workplace deaths that occur on construction sites each year. Our Des Moines construction accident lawyers handle all of them.

Falls

Falls from scaffolding, ladders, elevated platforms, and unprotected edges remain the leading cause of construction fatalities. Failures in fall protection systems, improper guardrail installation, and defective scaffold assembly can each support a negligence claim against a contractor, subcontractor, or equipment supplier.

Struck-By Accidents

Workers are struck by falling tools and materials, swinging crane loads, and passing vehicles or heavy equipment in active work zones. These incidents may point to a general contractor’s site safety failures, a crane operator’s employer, or a third-party driver who entered the zone negligently.

Electrocution

Contact with live wires, ungrounded equipment, and overhead power lines causes electrocution injuries and fatalities on construction sites throughout Iowa. These cases often involve a subcontractor or utility company that failed to de-energize a line, mark a hazard, or properly ground equipment.

Caught-In & Caught-Between Accidents

Workers pinned by machinery, crushed by collapsing structures, or trapped by excavation failures suffer some of the most severe injuries in construction accident cases, including amputations, crush injuries, and traumatic brain injuries. Defective equipment with removed safety guards frequently contributes to these incidents.

Additional Accident Types

Our Des Moines construction accident attorneys also handle cases involving defective equipment malfunctions, airborne toxin exposure, improper employee training, unstable work surfaces, faulty electrical wiring, and roadside construction zone accidents caused by motorist negligence.

Parties who may be liable in a Des Moines construction accident include:

General contractors for site safety oversight failures
Subcontractors for task-specific negligence
Equipment manufacturers for design or manufacturing defects and removed safety guards
Property owners for hazardous site conditions
Third-party drivers and delivery companies whose vehicles enter work zones

Construction Site Accident FAQs

What Counts as a Construction Site Accident?

A construction site accident occurs when a worker or bystander is injured or killed due to unsafe conditions, equipment failures, or negligence by employers, contractors, or property owners at an active construction site. Construction companies and property owners are legally responsible for ensuring sites are as safe as possible, including adequate training, access to safety equipment, properly functioning tools and machinery, clearly marked hazards, and structurally sound scaffolding and work surfaces. When those responsibilities are neglected and someone is hurt or killed, the responsible party may be liable for compensation.

Can I Sue My Employer for a Construction Site Injury?

Iowa workers’ compensation operates on a no-fault basis, meaning injured employees can receive medical and wage-loss benefits regardless of fault, but workers’ comp generally prevents a direct lawsuit against the employer for additional damages. When a party other than your employer contributed to the accident, such as a subcontractor, equipment manufacturer, or property owner, Iowa law permits a separate negligence claim against that party. That third-party claim may allow recovery of pain and suffering and full lost earnings that workers’ comp doesn’t pay. Iowa law also prohibits employer retaliation against workers who file a compensation claim.

What Should I Do After a Construction Site Accident?

If you’re injured as an employee, report the accident to your employer in writing and keep a copy, document your injuries and the scene, note your employer’s response, seek medical attention promptly, and contact LaMarca Law Group, P.C.. Our attorneys are familiar with the Iowa workers’ compensation process and can pursue third-party claims at the same time. If you’re a passerby hurt on a construction site, document your injuries and the scene, report the hazard to protect others, seek medical attention, and contact us. Don’t give a recorded statement to any insurance company before speaking with an attorney.

How Long Do I Have to File a Construction Accident Claim in Iowa?

Iowa Code chapter 614 sets a two-year statute of limitations for personal injury negligence claims. Workers’ compensation has its own separate notice and filing deadlines that can arrive earlier. Missing either deadline can bar a claim entirely, which is why contacting a construction accident lawyer in Des Moines as soon as possible after an injury matters.

What Compensation May Be Available?

Workers’ compensation may provide medical benefits, temporary total disability benefits, permanent partial disability benefits, and vocational rehabilitation. A third-party negligence claim may allow recovery of full lost earnings, future medical costs, pain and suffering, loss of bodily function, and a spouse’s loss of consortium. When a worker is killed, a wrongful death claim may be available for surviving family members. The compensation recoverable in any individual case depends on the facts, the parties at fault, and the extent of the injuries involved.

Contact Our Des Moines Construction Accident Team

If you or a family member were injured at a Des Moines construction site, don’t wait to get answers. Free consultations are available, and speaking with our team early can help protect the evidence and deadlines that matter most to your case.

Please contact our Des Moines offices at (515) 705-0233 to speak with a construction site accident lawyer today.

Iowa Law & Construction Accident Claims

Construction accident victims in Iowa often have two separate legal avenues, and understanding how they interact can significantly affect the compensation they may recover. Iowa workers’ compensation covers employees injured on the job regardless of fault and pays defined benefits for medical expenses and wage loss, but generally prevents injured workers from suing their employer directly for additional damages like pain and suffering or full lost earnings. When a party other than the employer caused or contributed to the accident, Iowa law permits a separate negligence claim against that party. Subcontractors, equipment manufacturers, property owners, and third-party drivers are all potential defendants. Pursuing both claims simultaneously is permitted under Iowa law, though the two systems interact through potential workers’ comp reimbursement rights, and coordinating them correctly is important to protecting the injured worker’s net recovery.

Iowa Comparative Fault

Iowa Code chapter 668 governs comparative fault in personal injury cases. An injured person can recover damages as long as their share of fault doesn’t exceed the combined fault of the defendants; any damages award is then reduced in proportion to the plaintiff’s assigned fault. Defense parties routinely attempt to shift blame onto injured workers, which makes early evidence preservation critical to building a strong case.

Statute of Limitations

Iowa Code chapter 614 sets a two-year statute of limitations for personal injury negligence claims arising from construction accidents. Workers’ compensation claims operate on a separate and often earlier set of notice and filing deadlines administered by the Iowa Workers’ Compensation Commissioner. Missing either deadline can bar the claim entirely.

Compensation in a Third-Party Claim

Damages available in a third-party construction accident claim may include full lost earnings, future medical costs, pain and suffering, loss of bodily function, and a spouse’s loss of consortium. These categories go well beyond the defined benefits available through workers’ compensation alone. Recoverable amounts depend on the specific facts of the case, the parties responsible, and the nature and extent of the injuries.

Steps to Take After a Construction Accident in Des Moines

The actions taken immediately after a construction accident can affect both a workers’ compensation claim and any third-party negligence case. Taking the right steps early helps preserve evidence and protect legal rights.

For injured workers, the key steps are:

Report the injury to the employer or site supervisor in writing and keep a copy
Photograph the scene, the equipment or hazard involved, and visible injuries if it is safe to do so
Collect the names and contact information of coworkers, supervisors, and any other contractors or trades present
Seek medical attention promptly, even for injuries that appear minor, to establish the connection between the accident and the injury
Keep all documentation: workers’ compensation paperwork, medical records and bills, employer communications, and correspondence from insurance representatives
Don’t give a recorded statement to an insurance company or sign any release without first consulting an attorney

For bystanders or passersby hurt at a Des Moines construction site:

Document the scene and your injuries as thoroughly as possible
Report the hazard to the appropriate party so others aren’t injured
Seek medical attention promptly
Contact an attorney before speaking with any insurance representative

Federal law also protects workers’ right to report unsafe conditions to OSHA without retaliation, and exercising that right doesn’t jeopardize an injury claim.

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