I was hurt at work and may be facing back surgery. Other staff that have been hurt at work and required surgery, they were made to use all their benefits (sick days and vacation days). Can a workplace make you use all your benefits before workman's comp will pay you?

No. The employer is required by law to pay the injured worker a weekly compensation benefit after being off work three days for a work related injury. If the employee is off for ten days then the employer has to pay the employee benefits for the initial three days.

In my experience employers who do that are cheating the employees and violating the law. During the past thirty-seven years Lombardi Law Firm has represented injured workers on claims such as these. You need representation. If it’s not a case we will take we regularly assist injured workers with finding the right lawyer. Call us if you would like. Below is a videotaped interview of Mr. Lombardi.

Types of disability benefits

Temporary Total Disability (TTD) [85.32, 85.33(1)]

When an injury results in more than three calendar days of disability, the employee may be entitled to TTD benefits beginning on the fourth day and continuing until the employee has returned to work or is medically capable of returning to substantially similar employment, whichever occurs first. The three-day waiting period becomes payable if the disability period exceeds fourteen calendar days.

Temporary Partial Disability (TPD) [85.32(2-5)]

TPD benefits may be payable if the employee returns to work at a lesser paying job, because of the injury. The TPD benefit amount is to be 66 2/3% of the difference between the employee’s average gross weekly earnings at the time of the injury and the employee’s actual earnings while temporarily working at the lesser paying job. The three-day waiting period (explained above) also applies to TPD.

Healing Period (HP) [85.34(1)]

During the period of recuperation from an injury which produces a permanent impairment, the employee may be entitled to HP benefits beginning on the first day of disability following the date of injury and continuing until the occurrence of one of the following events:

the employee returns to work; it is medically indicated that significant improvement from the injury is not anticipated; or the employee is medically capable of returning to employment substantially similar to the employment in which the employee was engaged at the time of the injury.

No waiting period applies to HP benefits.

After a worker is injured is when they need the support of their employer the most. But injured workers aren't given a level playing field. The company doctor often times is not helping them and the case manager isn't either. The worker is left alone to fend for themselves and to make mistakes that result in lower benefits or fewer weeks of benefits. Some are sent back to work too soon. There is only one person on your side and that understands this system. If your lawyer doesn't understand the nature of this claim you've got the wrong lawyer. Steve Lombardi has practiced in the area of workers compensation for over 30 years. He's tried hundreds of cases for more than one thousand clients. If you'd like help finding a competent lawyer we do assist people in locating a lawyer in Iowa or in Illinois. Call us.

If you have a question about your case, give us a call or drop us an email. LOMBARDI LAW FIRM - 515-222-1110 or sdlombardi@aol.com. If you or your spouse are involved in a work accident contact the Lombardi Law Firm. We will assist you with your claim.
Steve Lombardi, Attorney