The rights and remedies provided in this chapter, chapter 85A, or chapter 85B for an employee, or a student participating in a work-based learning opportunity as provided in section 85.61, on account of injury, occupational disease, or occupational hearing loss for which benefits under this chapter, chapter 85A, or chapter 85B are recoverable, shall be the exclusive and only rights and remedies of the employee or student, the employee’s or student’s personal or legal representatives, dependents, or next of kin, at common law or otherwise, on account of such injury, occupational disease, or occupational hearing loss against any of the following:
1. Against the employee’s employer.
2. Against any other employee of such employer, provided that such injury, occupational disease, or occupational hearing loss arises out of and in the course of such employment and is not caused by the other employee’s gross negligence amounting to such lack of care as to amount to wanton neglect for the safety of another.
3. For a student participating in a work-based learning opportunity as provided in section 85.61, against the student’s school district of residence, receiving school district if the student is participating in open enrollment under section 282.18, accredited nonpublic school, or community college, and the directors, officers, authorities, and employees of the applicable school corporation or school. [S13, §2477-m2; C24, 27, 31, 35, 39, §1380; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.20] 97 Acts, ch 37, §1; 2016 Acts, ch 1108, §12, 13; 2018 Acts, ch 1130, §1, 4 Referred to in §85.22, 670.12 \n
Notes of Decisions
Cited in
199
cases (
23 in the last 5 years), 1948–2026 · leading case:
Henrich v. Lorenz, 448 N.W.2d 327 (Iowa 1989).
Henrich v. Lorenz, 448 N.W.2d 327 (Iowa 1989).
· cites it 68× “" Iowa Code § 85.20 . Simple or ordinary negligence will not justify recovery.”
Casey Mcgill Ginger L. Mcgill Ashlea D. Mcgill & Casey Mcgill, As Parent & Next Best Friend Of Amanda R. Mcgill, Alicia C. Mcgill, & Allison C. Mcgill, Minors Vs. Ben Fish, Thomas Vine, Mark Newton, Robert Selby, & Steven Shaffer, 790 N.W.2d 113 (Iowa 2010).
· cites it 27× “” Iowa Code § 85.20 (l)-(2). In view of the common dictionary meaning of the word “covered,” no reasonable person could differ on its meaning in the context of section 669.”
Walker v. Mlakar, 489 N.W.2d 401 (Iowa 1992).
· cites it 70× “See Iowa Code § 85.20 (1989). At the time of Clifton's fall, George Pratt was employed by ALCOA as the manager of safety, health, and environment; Gary Mlakar worked for Pratt as a safety engineer.”
Nelson v. Winnebago Indus., Inc., 619 N.W.2d 385 (Iowa 2000).
· cites it 52× “Iowa Code § 85.20 (1). In addition, workers' compensation is the exclusive remedy against any other employee of such employer, provided that such injury, occupational disease, or occupational hearing loss arises out of and in the course of such *390 employment, and is not caused…”
Meade v. Ries, 642 N.W.2d 237 (Iowa 2002).
· cites it 35× “Iowa Code § 85.20 . . One treatise writer explains the rationale for coemployee immunity this way: The reason for the employer’s immunity is the quid pro quo by which the employer gives up its normal defenses and assumes automatic liability, while the employee gives up his or…”
Thompson v. Bohlken, 312 N.W.2d 501 (Iowa 1981).
· cites it 20× “He sought damages against two co-employees, Jack Bohlken, and Daniel Long, the plant manager, asserting gross negligence in failing to provide him with a safe machine (section 85.20, The Code 1977). He also sued Travelers Insurance Companies, the employer's worker's compensation…”
Swanson v. McGraw, 447 N.W.2d 541 (Iowa 1989).
· cites it 28× “" Iowa Code § 85.20 (2). We approved the following definition of wanton conduct in Thompson v.”
Taylor v. Peck, 382 N.W.2d 123 (Iowa 1986).
· cites it 30× “See Iowa Code § 85.20 . The action against one defendant, the plant manager, was dismissed at trial after plaintiffs completed their evidence, Iowa Rule of Civil Procedure 216, and the jury found in favor of a second defendant, the foreman Ladely.”
Justus v. Anderson, 400 N.W.2d 66 (Iowa Ct. App. 1986).
· cites it 56× “Pursuant to Iowa Code section 85.20, Justus filed a petition alleging gross negligence against seven defendant co-employees who allegedly designed and directed the manner and method of storage of products in the warehouse.”
Suckow v. Neowa Fs, Inc., 445 N.W.2d 776 (Iowa 1989).
· cites it 28× “Employers of workers’ compensation claimants have immunity under Iowa Code section 85.20 (1985) for negligent acts toward such claimants.”
Iowa Code § 85.20(1): 5 cases
Nelson v. Winnebago Indus., Inc., 619 N.W.2d 385 (Iowa 2000).
“Iowa Code § 85.20 (1). In addition, workers' compensation is the exclusive remedy against any other employee of such employer, provided that such injury, occupational disease, or occupational hearing loss arises out of and in the course of such *390 employment, and is not caused…”
Meade v. Ries, 642 N.W.2d 237 (Iowa 2002).
“Iowa Code § 85.20 . . One treatise writer explains the rationale for coemployee immunity this way: The reason for the employer’s immunity is the quid pro quo by which the employer gives up its normal defenses and assumes automatic liability, while the employee gives up his or…”
Sara Montague, individually, & as parent & next friend of C.M., a minor, & as the duly authorized Rep. of the Est. of Robert McFarland v. Beth Skinner, William Sperfslage, Samantha Tucker-Sieberg, Sarah Holder, Daniel Clark, Jeremy Larson, Michael Heinricy, Chad Kerker, Scott Eschen, Brian Tracy, Robert Hartig, Josh Baal, Tracy Dietsch, Jeremy Burds, Jon Day, Lucas Fowler (Iowa 2026).
Iowa Code § 85.20(2): 35 cases
Meade v. Ries, 642 N.W.2d 237 (Iowa 2002).
“Iowa Code § 85.20 . . One treatise writer explains the rationale for coemployee immunity this way: The reason for the employer’s immunity is the quid pro quo by which the employer gives up its normal defenses and assumes automatic liability, while the employee gives up his or…”
Swanson v. McGraw, 447 N.W.2d 541 (Iowa 1989).
“" Iowa Code § 85.20 (2). We approved the following definition of wanton conduct in Thompson v.”
Casey Mcgill Ginger L. Mcgill Ashlea D. Mcgill & Casey Mcgill, As Parent & Next Best Friend Of Amanda R. Mcgill, Alicia C. Mcgill, & Allison C. Mcgill, Minors Vs. Ben Fish, Thomas Vine, Mark Newton, Robert Selby, & Steven Shaffer, 790 N.W.2d 113 (Iowa 2010).
“” Iowa Code § 85.20 (l)-(2). In view of the common dictionary meaning of the word “covered,” no reasonable person could differ on its meaning in the context of section 669.”
Nelson v. Winnebago Indus., Inc., 619 N.W.2d 385 (Iowa 2000).
“Iowa Code § 85.20 (1). In addition, workers' compensation is the exclusive remedy against any other employee of such employer, provided that such injury, occupational disease, or occupational hearing loss arises out of and in the course of such *390 employment, and is not caused…”
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