Title III, PUBLIC SERVICES AND REGULATION (Ch. 80 - 122C)

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 circum…

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 d…

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 sustaine…

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 special form …

1. An original proceeding for benefits under chapter 10A, subchapter III , this chapter , or chapter 85A or 85B , 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…

1. a. 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 …

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 , …

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…

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, …

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 pro…

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…

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…

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 …

Compensation for permanent disabilities and during a healing period for permanent partial disabilities shall be payable to an employee as provided in this section . In the event weekly compensation under section 85.33 had been paid to any person for the same injury producing a pe…

1. The parties to a contested case or persons who are involved in a dispute which could culminate in a contested case may enter into a settlement of any claim arising under chapter 10A, subchapter III , this chapter , or chapter 85A or 85B , providing for disposition of the claim…

The basis of compensation shall be the weekly earnings of the injured employee at the time of the injury. Weekly earnings means gross salary, wages, or earnings of an employee to which such employee would have been entitled had the employee worked the customary hours for the full…

1. If an employee receives a personal injury causing temporary total disability, or causing a permanent partial disability for which compensation is payable during a healing period, compensation for the temporary total disability or for the healing period shall be upon the basis …

1. Contributions or donations. The compensation provided in this chapter shall be the measure of liability which the employer has assumed for injuries or death that may occur to employees in the employer’s employment subject to the provisions of this chapter , and it shall not be…

1. After an injury, the employee, if requested by the employer, shall submit for examination at some reasonable time and place and as often as reasonably requested, to a physician or physicians authorized to practice under the laws of this state or another state, without cost to …

The employer shall furnish, upon request of an injured employee or dependent or any legal representative acting for such person, a statement of the earnings, wages, or salary and other matters relating thereto during the year or part of the year that such employee was in the empl…

On failure of the employer to furnish such statement of earnings for thirty days after receiving written request therefor from an injured employee, the employee’s agent, attorney, dependent, or legal representative, such employer shall be guilty of a simple misdemeanor. [C24, 27,…

The following shall be conclusively presumed to be wholly dependent upon the deceased employee: 1. The surviving spouse, with the following exceptions: a. When it is shown that at the time of the injury the surviving spouse had willfully deserted the deceased without fault of the…

1. If the deceased employee leaves a surviving spouse qualified under the provisions of section 85.42 , the full compensation shall be paid to the surviving spouse, as provided in section 85.31 ; provided that where a deceased employee leaves a surviving spouse and a dependent ch…

In all other cases, a dependent shall be one actually dependent or mentally or physically incapacitated from earning. Such status shall be determined in accordance with the facts as of the date of the injury. In such cases if there is more than one person, the compensation benefi…

1. Future payments of compensation may be commuted to a present worth lump sum payment only upon application of a party to the commissioner and upon written consent of all parties to the proposed commutation or partial commutation, and on the following conditions: a. When the per…

When the commutation is ordered, the workers’ compensation commissioner shall fix the lump sum to be paid at an amount which will equal the total sum of the probable future payments capitalized at their present value and upon the basis of interest at the rate provided in section …

1. When partial commutation is ordered, the workers’ compensation commissioner shall fix the lump sum to be paid at an amount which will equal the future payments for the period commuted, capitalized at their present value upon the basis of interest at the rate provided in sectio…

1. When a minor or a dependent who is mentally incompetent is entitled to weekly benefits under this chapter or chapter 85A or 85B , payment shall be made to the parent, guardian, or conservator, who shall act as trustee, and the money coming into the trustee’s hands shall be exp…

The trustee shall, on or before September 30 of each year, make reports, at such times as designated by the court, to the court of all money or property received or expended for the person for whom the parent, guardian, or conservator is acting as trustee. [S13, §2477-m13; C24, 2…

In case a deceased employee for whose injury or death compensation is payable leaves surviving an alien dependent or dependents residing outside the United States, the consul general, consul, vice consul, or consular agent of the nation of which the said dependent or dependents a…

Such consular officer or the officer’s duly appointed representative resident in the state of Iowa shall file in the district court of the county in which the accident occurred resulting in the death of said employee evidence of the officer’s or representative’s authority, and th…

If such consular officer, or the officer’s duly appointed representative, shall file with the workers’ compensation commissioner evidence of the officer’s or representative’s authority, the workers’ compensation commissioner shall notify such consular officer or representative of…

Any contract of employment, relief benefit, or insurance, or other device whereby the employee is required to pay any premium or premiums for insurance against the compensation provided for in this chapter , shall be null and void; and any employer withholding from the wages of a…

1. For purposes of this section , “franchisee” and “franchisor” mean the same as defined in section 523H.1 . 2. For purposes of chapter 10A, subchapter III , this chapter , and chapter 87 , a franchisor shall not be considered to be an employer of a franchisee or of an employee o…

So far as permitted, or not forbidden, by any Act of Congress, employers engaged in interstate or foreign commerce and their employees working only in this state shall be bound by the provisions of this chapter in like manner and with the same force and effect in every respect as…

1. For the purposes of this section : a. “Inmate” includes: (1) A person confined in a reformatory, state penitentiary, release center, or other state penal or correctional institution while that person works in connection with the maintenance of the institution, in an industry m…

A person participating in a work-based learning opportunity referred to in section 85.61 , or receiving earnings while engaged in employment training or while undergoing an employment evaluation under the direction of a rehabilitation facility approved for purchase-of-service con…

In chapter 10A, subchapter III , this chapter , and chapter 87 , unless the context otherwise requires, the following definitions of terms shall prevail: 1. “Alteration” means a material change to a permanent prosthetic device that is necessary due to an employee’s injury, withou…

The county board of supervisors of any county may elect to include as an employee for purposes of this chapter any person confined as an inmate in a county jail or confined in any other facility in lieu of confinement in a county jail. If such election is made, the provisions of …

This subchapter shall be known and referred to as the “Second Injury Compensation Act” . [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.63 ] 2014 Acts, ch 1026, §143 Referred to in §10A.314

1. If an employee who has previously lost, or lost the use of, one hand, one arm, one foot, one leg, or one eye, becomes permanently disabled by a compensable injury which has resulted in the loss of or loss of use of another such member or organ, the employer shall be liable onl…

1. The employer, or, if insured, the insurance carrier in each case of compensable injury causing death, shall pay to the treasurer of state for the second injury fund the sum of twelve thousand dollars in a case where there are dependents and forty-five thousand dollars in a cas…

1. For purposes of this section , unless the context otherwise requires: a. “Insured employers” means employers who are commercially insured for purposes of workers’ compensation coverage or who have been self-insured for less than twenty-four months as of the first day of the fi…

1. The second injury fund is hereby established under the custody of the treasurer of state and shall consist of payments to the fund as provided by this subchapter and any accumulated interest and earnings on moneys in the second injury fund. 2. The treasurer of state is charged…

1. The attorney general shall appoint a staff member to represent the treasurer of state and the fund in all proceedings and matters arising under this subchapter . The attorney general shall be reimbursed up to four hundred fifty thousand dollars annually from the fund for servi…

1. For the purposes of this section : a. “Prosthetic device” or “device” means a permanent prosthetic device for which an account has been established pursuant to section 85.65, subsection 2 . b. “Prosthetics supplier” means a person or business who makes or repairs permanent pro…