This guide answers the questions injured workers most commonly ask about workers’ compensation in Iowa.
Please Note: As the neutral tribunal responsible for deciding disputes under Iowa workers' compensation law, the Workers' Compensation Division cannot give you legal advice. You should consult with an attorney if you have questions about your rights and responsibilities under the law.
Legal Authority & Framework
For your reference, Iowa Workers' Compensation is governed by the following state codes and rules. Throughout this guide, specific section numbers and rules are listed in parentheses.
The Iowa Workers’ Compensation law requires most employers to provide wage loss and medical benefits to employees who are injured while working.[85.61(7)]
In Iowa, an injury may include any health condition caused by work activities other than the normal building up and tearing down of body tissues. Diseases and hearing losses caused by work activities or exposures are also injuries. (85A, 85B) Preexisting health conditions are not considered injuries unless work aggravates, accelerates, or worsens them.
Most employees who are injured in Iowa while working in Iowa are eligible for benefits. The law exempts a few types of employees, however. If you are uncertain as to whether employees in your job classification are eligible for benefits, consult the Workers’ Compensation Division.
Proprietors (independent contractors), limited liability company members and partners are not considered employees. These individuals may be eligible for benefits if they purchase a workers’ compensation insurance policy that specifically includes them. [85.1A, 85.61(13)]
The employer has the right to choose the medical care and must provide medical care reasonably suited to treat your injury. If you are dissatisfied with that care, you should notify your employer (or its insurance carrier) in writing of the reasons why and discuss your care with them. You can request alternate care, and if your employer (or its carrier) does not allow that care, you may file a petition for alternate care before the Iowa Workers’ Compensation Commissioner. (85.27)
When you and your employer (and its insurance carrier) work together and openly communicate, the majority of workers’ compensation claim disputes can be resolved. You have a right to know why your employer (and its carrier) has taken any action and the relevant evidence supporting the action.
When a dispute cannot be resolved among the parties, you are encouraged to contact an attorney to get legal advice. While the commissioner does not require it, most employees are represented by legal counsel in a contested case proceeding. If the dispute cannot then be resolved, you may file a contested case proceeding before the Iowa Workers’ Compensation Commissioner.
The Iowa Workers’ Compensation Commissioner is the head of the Division of Workers’ Compensation, which is part of the Department of Inspections, Appeals, and Licensing. The Commissioner is responsible for administering, regulating and enforcing the workers’ compensation laws. By law, the Division of Workers’ Compensation cannot represent the interest of any party. The Division does provide information regarding the workers’ compensation law, the rights of the parties and the procedures the parties can follow to resolve their disputes.
Employers subject to the law must either purchase insurance through a private insurance company or qualify as a self-insurer. (85.3, 87.1, 87.11)
If the employer provides coverage by purchasing an insurance policy, the insurance company (or a claim administrator) pays the injured worker the workers’ compensation benefits. If the employer is self-insured, the employer (or a claim administrator) pays the injured worker the workers’ compensation benefits.
If an employer fails to provide insurance coverage as the law provides, the employee may choose to either file a contested case proceeding before the Workers’ Compensation Commissioner or to bring a civil action for damages in the appropriate district court. (87.21)
An employer must either obtain workers’ compensation insurance coverage or obtain relief from insurance or furnish a bond before engaging in business. An employer who willfully and knowingly engages in business before doing any of these is guilty of a class “D” felony. (87.14A)
The law encourages prompt payment of weekly and medical benefits so that injured workers will not suffer undue hardship. Most insurance carriers or self-insured employers require a written report of injury (usually from the employer) and medical evidence of the injury before beginning payments. Weekly payments of disability benefits are to begin on the eleventh day of disability. If benefits are not paid when due, you may be entitled to interest on late payments. If benefits are unreasonably delayed or denied, you may be entitled to penalty benefits. (85.30, 10A. 315)
Once benefits start, payments can only stop when you have returned to work or after your employer (or its carrier) has given you thirty days notice that payments are stopping. The notice must tell you why payments are stopping and advise you that you may file a claim with the Workers’ Compensation Commissioner. (10A.315)
Your employer (or its insurance carrier) may ask you to attend a medical examination. If you refuse to attend, any benefits you may be receiving, or may be entitled to in the future, may stop or be forfeited. If you disagree with an evaluation of permanent disability made by a physician retained by your employer (or its carrier), then you have the right to an IME with a doctor of your choosing for a second opinion. (85.39)
