Employers are responsible for all injuries to employees that arise out of and in the course of employment. In contrast, claims by an injured worker against a co-worker are much more limited. Iowa law requires an injured worker to show gross negligence against a co-worker in order to collect damages. The elements of proof in order to establish gross negligence are:
- That the co-worker had knowledge of the danger;
- That the co-worker’s knowledge was that injury was probable, rather than merely possible; and