Des Moines, IA asked in Personal Injury, Employment Law and Workers' Compensation for Iowa

Q: Minor injured at work

My brother, a minor, was injured at work and had to receive stitches. No problem there, but the employers didn't inform any of his family and released him into the care of another minor (unrelated) rather than attempting to call us or EMS. Were they allowed to release a minor into the care of another minor?

1 Lawyer Answer
Stephen Douglas Lombardi
Stephen Douglas Lombardi
  • West Des Moines, IA
  • Licensed in Iowa

A: Hmmmm.... Interesting question. I would love to know in which industry he was working. Probably a restaurant. No matter. The kid has a workers' compensation claim; I think you know this. But your question goes to notice to the family and if there is a duty to the family, which was breached, and then are there damages that flow from the failure to give notice. And I would say, probably-maybe-who knows, as to the notice, but no as to the damages issue. And if the answer to the damage issue is a big-fat "N-O", then the rest of the claims fails. Because in any tort case you need a yes to all four parts of the personal injury claim. 1. Duty. 2. Breach of Duty. 3. Damages. 4. Proximate Cause. You have no damages, at least none that you've told us about. So guess what? The claim fails. Zip. Nadda. Nil.You get nothing. And in Muddville, there is no joy.

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