Legal Question in Workers Comp in Iowa

Worker's Comp/Restitution

I was in a fight with a bouncer and arrested for assualt and disorderly conduct. The assualt was thrown out but now they're coming after me for restitution due to medical bills the ''victim'' suffered, yet he was uninsured and didn't file a worker's comp claim. Am I responsible for this as it would've been covered under worker's comp in Iowa. How can pecuniary damages be determined if he didn't follow the victim's compensation fund's own criteria of being a source of last recourse to establish if I even owe a dime?


Asked on 3/02/09, 9:55 am

1 Answer from Attorneys

Stephen Lombardi Lombardi Law Firm

Re: Worker's Comp/Restitution

If I understand your point it�s that you don�t want to pay for the bouncer�s damages.

Responsibility for the bouncer�s damages will come down to the fight. Who started it? What was it about? Who struck whom first? Was anyone provoked? Was anyone drunk?

There isn�t enough information to really know.

As for the bouncer seeking compensation through other sources like workers� compensation or the state of Iowa�s victim�s compensation fund that is the injured party�s choice. You don�t have the right to control that choice and he isn�t required to try and save you money. Simply put, if you can�t win on the merits of the fight you will be held financially responsible for his damages.

Get witnesses and get ready for court.

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Answered on 3/03/09, 10:15 am


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