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 §87.21,WORKERS’ COMPENSATION OR EMPLOYERS’ LIABILITY INSURANCE 8 to an employee for a personal injury in the course of and arising out of the employment, and the employee may enforce the liabilityby an action at law for damages, or may collect compensation as provided in chapter 10A, subchapter III,and chapters 85, 85A, and 85B. 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.
‹ Prev All Iowa sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.