85.59 Benefits for inmates and offenders.
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 maintained in the institution, or in an industry referred to in section 904.809, or while on detail to perform services on a public works project.
(2) A person who is performing unpaid community service under the direction of the district court, board of parole, or judicial district department of correctional services, or an inmate providing services pursuant to a chapter 28E agreement entered into pursuant to section 904.703, or who is performing a work assignment of value to the state or to the public under chapter 232.
b. “Unpaid community service under the direction of the district court” includes but is not limited to community service ordered and performed pursuant to section 598.23A.
2. For purposes of this section, an inmate on a work assignment under section 904.703 working in construction or maintenance at a public or charitable facility, or under assignment to another agency of state, county, or local government, shall be considered an employee of the state.
3. a. If an inmate is permanently incapacitated by injury in the performance of the inmate’s work in connection with the maintenance of the institution, in an industry maintained in the institution, or in an industry referred to in section 904.809, while on detail to perform services on a public works project, or while performing services authorized pursuant to section 904.809, or is permanently or temporarily incapacitated in connection with the performance of unpaid community service under the direction of the district court, board of parole, or judicial district department of correctional services, or in connection with the provision of services pursuant to a chapter 28E agreement entered into pursuant to section 904.703, or who is performing a work assignment of value to the state or to the public under chapter 232, that inmate shall be awarded only the benefits provided in section 85.27 and section 85.34, subsections 2 and 3. The weekly rate for such permanent disability is equal to the minimum rate as provided in this chapter.
b. Weekly compensation benefits under this section may be determined prior to the inmate’s release from the institution, but payment of benefits to an inmate shall commence as of the time of the inmate’s release from the institution either upon parole or final discharge. However, if the inmate is awarded benefits for an injury incurred in connection with the performance of unpaid community service under the direction of the district court, board of parole, or judicial district department of correctional services, or in connection with the provision of services pursuant to a chapter 28E agreement entered into pursuant to section 904.703, or who is performing a work assignment of value to the state or to the public under chapter 232, weekly compensation benefits under this section shall be determined and paid as in other workers’ compensation cases.
c. If an inmate is receiving benefits under the provisions of this section and is recommitted to an institution covered by this section, the benefits shall immediately cease. If benefits cease because of the inmate’s recommitment, the benefits shall resume upon subsequent release from the institution.
d. If death results from the injury, death benefits shall be awarded and paid to the dependents of the inmate as in other workers’ compensation cases except that the weekly rate shall be equal to sixty-six and two-thirds percent of the state 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 the injury.
4. Payment under this section shall be made promptly out of appropriations which have been made for that purpose, if any. An amount or part thereof which cannot be paid promptly from the appropriation shall be paid promptly out of moneys in the state treasury not otherwise appropriated.
5. The time limit for commencing an original proceeding to determine entitlement to benefits under this section is the same as set forth in section 85.26. If an injury occurs to an inmate so as to qualify the inmate for benefits under this section, notwithstanding the fact that payments of weekly benefits are not commenced, an acknowledgment of compensability shall be filed with the workers’ compensation commissioner within thirty days of the time the responsible authority receives notice or knowledge of the injury as required by section 85.23.
6. If a dispute arises as to the extent of disability when an acknowledgment of compensability is on file or when an award determining liability has been made, an action to determine the extent of disability must be commenced within one year of the time of the release of the inmate from the institution. This does not bar the right to reopen the claim as provided by section 85.26, subsection 2.
7. Responsibility for the filings required by chapter 86 for injuries resulting in permanent disability or death and as modified by this section shall be made in the same manner as for other employees of the institution.
[C79, 81, §85.59]
83 Acts, ch 101, §4; 84 Acts, ch 1280, §1; 85 Acts, ch 67, §11; 85 Acts, ch 177, §1; 87 Acts, ch 111, §5, 6; 88 Acts, ch 1165, §1; 90 Acts, ch 1251, §3; 93 Acts, ch 46, §1; 94 Acts, ch 1171, §1; 96 Acts, ch 1186, §23; 98 Acts, ch 1061, §11; 2008 Acts, ch 1079, §2; 2009 Acts, ch 133, §21; 2019 Acts, ch 24, §104; 2020 Acts, ch 1062, §81
Referred to in §85.36, 85.45, 85.61, 88.3, 232.13, 669.14, 904.809, 907.13
Additional persons deemed state employees, see §232.13
Structure Iowa Code
Title III - PUBLIC SERVICES AND REGULATION
Chapter 85 - WORKERS’ COMPENSATION
Section 85.1 - Inapplicability of chapter.
Section 85.2 - Public employees — chapter compulsory.
Section 85.3 - Acceptance presumed — notice to nonresident employers.
Section 85.16 - Willful injury — intoxication.
Section 85.18 - Contract to relieve not operative.
Section 85.20 - Rights of employee exclusive.
Section 85.21 - Payments concerning liability disputes.
Section 85.22 - Liability of others — subrogation.
Section 85.23 - Notice of injury — failure to give.
Section 85.24 - Form of notice.
Section 85.25 - Service of notice.
Section 85.26 - Limitation of actions — who may maintain action.
Section 85.27 - Services — release of information — charges — payment — debt collection prohibited.
Section 85.28 - Burial expense.
Section 85.29 - Liability in case of no dependents.
Section 85.30 - Maturity date and interest.
Section 85.31 - Death cases — dependents.
Section 85.32 - When compensation begins.
Section 85.33 - Temporary total and temporary partial disability.
Section 85.34 - Permanent disabilities.
Section 85.36 - Basis of computation.
Section 85.37 - Compensation schedule.
Section 85.38 - Reduction of obligations of employer.
Section 85.39 - Examination of injured employees.
Section 85.40 - Statement of earnings.
Section 85.41 - Refusal to furnish statement.
Section 85.42 - Conclusively presumed dependent.
Section 85.43 - Payment to spouse.
Section 85.44 - Payment to actual dependents.
Section 85.47 - Basis of commutation.
Section 85.48 - Partial commutation.
Section 85.49 - Trustees for minors and dependents.
Section 85.50 - Report of trustee.
Section 85.51 - Alien dependents in foreign country.
Section 85.52 - Consular officer as trustee.
Section 85.53 - Notice to consular officer.
Section 85.54 - Contracts to avoid compensation.
Section 85.55 - Franchisor-franchisee relationship.
Section 85.56 - Employees in interstate commerce.
Section 85.59 - Benefits for inmates and offenders.
Section 85.62 - Inmates of county jail.
Section 85.64 - Limitation of benefits.
Section 85.65 - Payments to second injury fund.
Section 85.65A - Payments to second injury fund — surcharge on employers.
Section 85.66 - Second injury fund — creation — custodian.
Section 85.67 - Administration of fund — special counsel — payment of award.
Section 85.68 - Actions — collection of payments — subrogation.
Section 85.69 - Federal contributions.
Section 85.71 - Injury outside of state.
Section 85.72 - Claims for benefits made outside of state — restrictions — credit.