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Home » US Law » 2022 Iowa Code » Title III - PUBLIC SERVICES AND REGULATION » Chapter 85 - WORKERS’ COMPENSATION

Section 85.1 – Inapplicability of chapter.

85.1 Inapplicability of chapter. Except as provided in subsection 6 of this section, this chapter does not apply to: 1. Any employee engaged in any type of service in or about a private dwelling except that after July 1, 1997, this chapter shall apply to such persons who earn one thousand five hundred dollars or […]

Section 85.16 – Willful injury — intoxication.

85.16 Willful injury — intoxication. No compensation under this chapter shall be allowed for an injury caused: 1. By the employee’s willful intent to injure the employee’s self or to willfully injure another. 2. a. By the employee’s intoxication, which did not arise out of and in the course of employment but which was due […]

Section 85.18 – Contract to relieve not operative.

85.18 Contract to relieve not operative. No contract, rule, or device whatsoever shall operate to relieve the employer, in whole or in part, from any liability created by this chapter except as herein provided. This section does not create a private cause of action. [S13, §2477-m7; C24, 27, 31, 35, 39, §1378; C46, 50, 54, […]

Section 85.1A – Proprietors, limited liability company members, limited liability partners, and partners.

85.1A Proprietors, limited liability company members, limited liability partners, and partners. A proprietor, limited liability company member, limited liability partner, or partner who is actively engaged in the proprietor’s, limited liability company member’s, limited liability partner’s, or partner’s business on a substantially full-time basis may elect to be covered by the workers’ compensation law of […]

Section 85.2 – Public employees — chapter compulsory.

85.2 Public employees — chapter compulsory. Where the state, county, municipal corporation, school corporation, area education agency, or city under any form of government is the employer, the provisions of this chapter for the payment of compensation and amount thereof for an injury sustained by an employee of such employer shall be exclusive, compulsory, and […]

Section 85.20 – Rights of employee exclusive.

85.20 Rights of employee exclusive. The rights and remedies provided in this chapter, chapter 85A, or chapter 85B for an employee, or a student participating in a work-based learning opportunity as provided in section 85.61, on account of injury, occupational disease, or occupational hearing loss for which benefits under this chapter, chapter 85A, or chapter […]

Section 85.21 – Payments concerning liability disputes.

85.21 Payments concerning liability disputes. 1. The workers’ compensation commissioner may order any number or combination of alleged workers’ compensation insurance carriers and alleged employers, which are parties to a contested case or to a dispute which could culminate in a contested case, to pay all or part of the benefits due to an employee […]

Section 85.22 – Liability of others — subrogation.

85.22 Liability of others — subrogation. When an employee receives an injury or incurs an occupational disease or an occupational hearing loss for which compensation is payable under this chapter, chapter 85A, or chapter 85B, and which injury or occupational disease or occupational hearing loss is caused under circumstances creating a legal liability against some […]

Section 85.23 – Notice of injury — failure to give.

85.23 Notice of injury — failure to give. Unless the employer or the employer’s representative shall have actual knowledge of the occurrence of an injury received within ninety days from the date of the occurrence of the injury, or unless the employee or someone on the employee’s behalf or a dependent or someone on the […]

Section 85.24 – Form of notice.

85.24 Form of notice. 1. No particular form of notice shall be required, but may be substantially as follows: To ………………………………………… You are hereby notified that on or about the ………… day of ……………….. (month), …….. (year), personal injury was sustained by ……………………, while in your employ at ……………………. (Give name and place employed and […]

Section 85.25 – Service of notice.

85.25 Service of notice. The notice may be served on anyone upon whom an original notice may be served in civil cases. Service may be made by any person, who shall make return verified by affidavit upon a copy of the notice, showing the date and place of service and upon whom served; but no […]

Section 85.26 – Limitation of actions — who may maintain action.

85.26 Limitation of actions — who may maintain action. 1. An original proceeding for benefits under this chapter or chapter 85A, 85B, or 86, shall not be maintained in any contested case unless the proceeding is commenced within two years from the date of the occurrence of the injury for which benefits are claimed or, […]

Section 85.27 – Services — release of information — charges — payment — debt collection prohibited.

85.27 Services — release of information — charges — payment — debt collection prohibited. 1. The employer, for all injuries compensable under this chapter or chapter 85A, shall furnish reasonable surgical, medical, dental, osteopathic, chiropractic, podiatric, physical rehabilitation, nursing, ambulance, and hospital services and supplies therefor and shall allow reasonably necessary transportation expenses incurred for […]

Section 85.28 – Burial expense.

85.28 Burial expense. When death ensues from the injury, the employer shall pay the reasonable expenses of burial of such employee, not to exceed twelve times the statewide average weekly wage paid employees as determined by the department of workforce development under section 96.1A, subsection 35, and in effect at the time of death, which […]

Section 85.29 – Liability in case of no dependents.

85.29 Liability in case of no dependents. When the injury causes death of an employee who leaves no dependents, then the employer shall pay the reasonable expense of the employee’s sickness, if any, and the expense of burial, as provided in sections 85.27 and 85.28, and this shall be the only compensation; provided that if, […]

Section 85.3 – Acceptance presumed — notice to nonresident employers.

85.3 Acceptance presumed — notice to nonresident employers. 1. Every employer, not specifically excepted by the provisions of this chapter, shall provide, secure, and pay compensation according to the provisions of this chapter for any and all personal injuries sustained by an employee arising out of and in the course of the employment, and in […]

Section 85.30 – Maturity date and interest.

85.30 Maturity date and interest. Compensation payments shall be made each week beginning on the eleventh day after the injury, and each week thereafter during the period for which compensation is payable, and if not paid when due, there shall be added to the weekly compensation payments, interest at the rate provided in section 535.3 […]

Section 85.31 – Death cases — dependents.

85.31 Death cases — dependents. 1. a. When death results from the injury, the employer shall pay the dependents who were wholly dependent on the earnings of the employee for support at the time of the injury, during their lifetime, compensation upon the basis of eighty percent per week of the employee’s average weekly spendable […]

Section 85.32 – When compensation begins.

85.32 When compensation begins. 1. Except as to injuries resulting in permanent partial disability, compensation shall begin on the fourth day of disability after the injury. 2. If the period of incapacity extends beyond the fourteenth day following the date of injury, then the compensation due during the third week shall be increased by adding […]

Section 85.33 – Temporary total and temporary partial disability.

85.33 Temporary total and temporary partial disability. 1. Except as provided in subsection 2 of this section, the employer shall pay to an employee for injury producing temporary total disability weekly compensation benefits, as provided in section 85.32, until the employee has returned to work or is medically capable of returning to employment substantially similar […]