Legal Question in Workers Comp in Iowa
My friend was injured at work two and a half years ago when he fell off a roof and shattered his ankle. He has had multiple surgeries and is still unable to work. He did not turn his boss in for workman's comp because his boss assured him that he would compensate him for his injury once he received his inheritance. He recently received his inheritance and is now refusing to pay. Because two and a half years have passed does my friend have any legal right to compensation? Thank you for your time.
1 Answer from Attorneys
Your friend made a big mistake in not pursing the claim before the statute of limitations period expired. What your friend should have done was meet with an attorney to get advice long before the statute of limitations period was set to expire. In Iowa injured workers have two years from the date of injury or three years from the date when they last received weekly indemnity benefits to file a petition with the Industrial Commission. From what you've stated it appears the statute of limitations has expired although there are several theories your friend could advance that may provide some relief. First, if any money was paid to him since the injury date it could be argued the payment was weekly indemnity benefits and he could still file a claim. Second, the oral promise to pay may be an oral contract which has a five year statute of limitations period. Nevertheless, your friend needs to see an attorney immediately. Do not rely on what I am saying to sit back and think your friend's claim is preserved; because frankly he seems to be making very poor decisions.