Iowa Workers' Compensation Laws

Who Needs Workers' Comp in Iowa?

In Iowa most businesses that have employees must carry workers' compensation insurance. Under the applicable law certain exceptions listed below apply:

• Employee that works in agriculture and the employer had a cash payroll of less than $2,500 in the calendar year preceding the injury
• Employee that work in agriculture and are a family member as defined in the statute (applies to numerous relatives)
• Domestic and causal employees who earn earn less than $1,500 from the employer during the 12 consecutive months before the injury
• Persons eligible for compensation under federal law
• Independent contractors are exempt provided they are actually deemed to be independent for state and federal taxation. If misclassified and later determined to be actual employees the business owner can be liable for the unpaid premiums and any fines or penalties and medical expense incurred by the employee

Does Iowa Allow Workers' Comp Exemptions for Owners?

Sole proprietors, LLC members and partners are not considered to be employees and are excluded from coverage, but may elect to be included. If they choose to be included they must give notice to the insurance carrier by filing a Notice of Election or Rejection of Coverage Form and e-file with the State of Iowa.

Corporate officers limited to President; Vice President, Secretary and Treasurer are included for workers' compensation, but may may choose to be excluded. If they choose to do so they must execute an Iowa Corporate Officer Exclusion Form which must be attached to the policy. In essence, this means that the insured must provide it to the insurance carrier. Iowa requires the Exclusion to be filed on line with the Iowa Division of Workers Compensation. The statue is unclear as to sole proprietors, llc members and partners. In abundance of caution, it is best to file any Notice of Exclusion or Inclusion or Notice of Rejection or Exclusion with the state and the carrier.

What are the Penalties for not Having Workers' Compensation in Iowa?

Both civil penalties and criminal penalties exist in Iowa. Willfully and knowingly failing to carry workers' compensation insurance is a Class D felony which is punishable by up to five years imprisonment and a fine between $750.00 and $7,500.00. Additionally, civil penalties include; any injured employees are given a choice whether they want to proceed in civil court rather than filing a complaint under the state workers' comp laws. The owner is deemed to have a presumption against them for the failure to carry workers' comp insurance and the employee can sue in tort for the full amount of damages which usually amounts to a much higher amount of damages than proceeding under workers compensation laws.

When do I Get an EMR Rating in Iowa?

All businesses start without an experience modification rate. Their effective EMR Rating is 1.00, which is a neutral because it does not increase or decrease premium and makes no adjustment to an insurance carriers workers' comp rates. In Iowa, a business qualifies for an EMR rating when its payroll reaches an amount which generates $7,500.00 in policy premium for the last 2 years or $4500.00 for 2 years or more.

How Long do you Have to Report an Injury at Work in Iowa?

An employee has 90 days to notify their employer of any and all work injuries. If they fail to notify within that time they could be denied benefits by the court. The employer has just 4 days from the time the employee gives notice, or upon actual knowledge of the injury, to file a First Report of Injury. Failure to file the First Report also carries a fine depending on the circumstances. First reports of injuries can typically be filed by phone or online.

How Long can an Employee Remain on Workers' Comp after a claim?

Iowa differs significantly from other states. Employees receive weekly benefits while they are on temporary total disability benefits, temporary partial disability or healing period benefits.

Payments do not end until the employee (1) has returned to work (2) the employee will not reach any significant improvement, or (3) the employee is capable of returning to the same or similar work. If this is contested the employer must give a written 30 day notice that they are filing a claim.

If an employee is totally and permanently disabled they will receive permanent total disability benefits for life at the same rate received under TTD benefits, for life. If an employee is permanently injured but can work in some capacity, you can receive permanent partial disability benefits up to 80% of average wages- subject to a weekly a maximum of $1553.00. If an employee loses a limb or a body part, or a partial loss of use, the Iowa schedule will determine how many weeks he or she may receive benefits.

Iowa Division of Workers' Compensation

1000 East Grand Avenue
Des Moines, IA 50319
800-562-4692

Iowa Workforce Development (IWD)

IWD is the state agency working to help improve all aspects of Iowa's workforce. The IWD’s guiding principles are intended to demonstrate a commitment to the state of Iowa, its customers, and its employees.

What is Workers' Compensation?

The basic purpose of the Workers’ Compensation is to provide wage replacement benefits and medical treatment for employees who have been injured or become ill due to a work-related injury or illness. It prevents the employer from bearing the costs of injuries that occur during normal business operations.

How Does Workers' Comp Help my Business?

Your business benefits by not being liable for injuries that occur as a part of normal business operations. This applies whether the injury was the fault of the business or was caused by negligent actions of the employee.

How Does Workers' Comp Help my Employees?

Employees benefit from workers' comp coverage by having lost wages patrtially covered, or paid, while they are hurt or sick and unable to work. It also pays for medical costs they might incur as a result of their sickness or injury.

Iowa is an NCCI State

The state of Iowa uses the National Council on Compensation Insurance (NCCI) to determine rates on insurance class codes. NCCI gathers data, analyzes industry trends, and prepares objective insurance rate and loss cost recommendations. Insurance carriers are able to offer discounts to these recommended rates. It is recommended that employers shop their policy with as many carriers as possible in order to get the best rates for their coverage.

State Insurance Directives Regarding Covid-19

No current rule changes or laws in Iowa.

State Orders Regarding Insurance Claims Related to Coronavirus

No current state orders.