Legal Question in Workers Comp in Iowa

I fell at work about 5 years ago, catching myself with my arm. My shoulder was sore, but I didn't go to the doctor that night. About 5 days later, I couldn't pick up anything, and my shoulder was in so much pain. I went to the Dr. at that time, and they told me it was bruised muscles. They never did x-rays or scans. They sent me home with a 20 lb weight limit and told me to take ibuprofin. Eventually, I was able to use it normally again, but it now clicks when I move it and goes numb if I sleep with it above my head. Recently, the entire shoulder feels like it is burning, and my chirpractor thinks that I actually tore my rotator cuff back when I fell, and my need surgery. Is there anything I can do now regarding workers comp, especially if the doctors never took films? I am not looking for a payday, but my deductible is high, and I really don't have the money to take off work to recover if surgery is what happens.


Asked on 8/13/11, 2:57 pm

1 Answer from Attorneys
Stephen Lombardi Lombardi Law Firm

Five years ago is too long a period. Workers' compensation claims have a 2 year period after the initial injury, unless you were paid weekly indemnity benefits. If paid WIB's then you have three years from the date of the last check, which in your case you seem be indicating, there were no benefits paid. I'm assuming you're too late.

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Answered on 8/13/11, 6:57 pm


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