Legal Question in Workers Comp in Iowa

workers compensation and unemployment

I had an employee who was injured on the job and went onto workers compensation. The doctor cleared the employee and the employee then went on unemployment. Now the employees unemployment money has ran out and now says his/her neck is hurting again and would like to get on workers comp. Can the employee do file wokers comp again for the injury after the doctor cleared him?


Asked on 12/29/08, 1:12 pm

2 Answers from Attorneys

Stephen Lombardi Lombardi Law Firm

Re: workers compensation and unemployment

To receive unemployment benefits an employee must be ready, willing and able to work. To receive workers' compensation weekly indemnity benefits during a healing period an employee must be injured and off work. To receive weekly indemnity benefits for permanant impairment an injured employee must have some sort of reduced earning capacity caused by a work related injury. I know clear as mud. But that's the law.

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Answered on 1/02/09, 12:36 pm
Stephen Lombardi Lombardi Law Firm

Re: workers compensation and unemployment

The employee may be right. He may have the right to be paid wc weekly benefits, weekly indemnity, following his unemployment running out.

You say the doctor "cleared" the employee. That doesn't explain anything useful in the area of wc. Doctors release ee's with restrictions or for light duty. Without reading the doctor's report releasing the ee there is no way to answer this question.

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Answered on 12/31/08, 9:53 am


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