87.21 Employer failing to insure.
Any employer, except an employer with respect to an exempt employee under section 85.1, who has failed to insure the employer’s liability in one of the ways provided in this chapter, unless relieved from carrying such insurance as provided in section 87.11, is liable to an employee for a personal injury in the course of and arising out of the employment, and the employee may enforce the liability by an action at law for damages, or may collect compensation as provided in chapters 85, 85A, 85B, and 86. In actions by the employee for damages under this section, the following rules apply:
1. It shall be presumed:
a. That the injury to the employee was the direct result and growing out of the negligence of the employer.
b. That such negligence was the proximate cause of the injury.
2. The burden of proof shall rest upon the employer to rebut the presumption of negligence, and the employer shall not be permitted to plead or rely upon any defense of the common law, including the defenses of contributory negligence, assumption of risk and the fellow servant rule.
3. In an action at law for damages the parties have a right to trial by jury.
[C24, 27, 31, §1479; C35, §1479, 1481-e1; C39, §1479, 1481.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §87.21, 87.24; 82 Acts, ch 1161, §26, ch 1221, §3]
83 Acts, ch 36, §4, 8
Structure Iowa Code
Title III - PUBLIC SERVICES AND REGULATION
Chapter 87 - WORKERS’ COMPENSATION OR EMPLOYERS’ LIABILITY INSURANCE
Section 87.1 - Insurance of liability required.
Section 87.2 - Notice of failure to insure.
Section 87.3 - Maximum commission for renewal.
Section 87.4 - Group and self-insured plans — tax exemption — plan approval.
Section 87.5 - Benefit insurance.
Section 87.6 - Certificate of approval.
Section 87.7 - Termination of plan — appeal.
Section 87.8 - Insolvency clause prohibited.
Section 87.9 - Policy clauses required.
Section 87.10 - Other policy requirements.
Section 87.11 - Relief from insurance — procedures upon employer’s insolvency.
Section 87.11A - Examination required.
Section 87.11B - Obligation to assist an examination — oaths.
Section 87.11C - Self-insurance examiners.
Section 87.11D - Payment of examination expenses by the self-insured employer.
Section 87.11E - Penalties for filing false financial statements.
Section 87.13 - Interpretative clause.
Section 87.14A - Insurance required.
Section 87.19 - Failure to comply — proceedings.
Section 87.20 - Revocation of release from insurance.
Section 87.21 - Employer failing to insure.
Section 87.23 - Compensation liability insurance not required.