Iowa Code » Chapter 85 — WORKERS’ COMPENSATION
Iowa Code

Iowa Code § 85.23 (2026)

Notice of injury — failure to give

✓ current as of July 2026
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Unless the employer or the employer’s representative shall have actual knowledge of the occurrence of an injury received within ninety days from the date of the occurrence of the injury, or unless the employee or someone on the employee’s behalf or a dependent or someone on the dependent’s behalf shall give notice thereof to the employer within ninety days from the date of the occurrence of the injury, no compensation shall be allowed. For the purposes of this section, “date of the occurrence of the injury” means the date that the employee knew or should have known that the injury was work-related. [S13, §2477-m8; C24, 27, 31, 35, 39, §1383; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.23] 2017 Acts, ch 23, §3, 24 Referred to in §10A.313, 85.59

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Notes of Decisions
Cited in 50 cases (8 in the last 5 years), 1949–2025 · leading case: Orr v. Lewis Cent. Sch. Dist., 298 N.W.2d 256 (Iowa 1980).
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Orr v. Lewis Cent. Sch. Dist., 298 N.W.2d 256 (Iowa 1980). · cites it 52× “This rule is applicable to the notice of claim provision in section 85.23 of our workers' compensation statute.”
Dillinger v. City of Sioux City, 368 N.W.2d 176 (Iowa 1985). · cites it 45× “This appeal from judicial review of a workers’ compensation determination involves issues concerning the requirement of providing 90-days notice to an employer and the commencement date of the two-year limitation period in a contested case pursuant to Iowa Code sections 85.23…”
Denison Mun. Utils. v. Iowa Workers' Comp. Comm'r, 857 N.W.2d 230 (Iowa 2014). · cites it 16× “” Iowa Code § 85.23 . One way employees can protect themselves is to notify their employer of a work- related injury and to have the employer prepare a first report of injury or similar report.”
Robinson v. Dep't of Transp., 296 N.W.2d 809 (Iowa 1980). · cites it 19× “The question here is whether the notice of claim requirements of § 85.23, The Code 1975, were satisfied in this workers’ compensation case.”
McKeever Custom Cabinets v. Smith, 379 N.W.2d 368 (Iowa 1985). · cites it 10× “Section 85.23 provides: Unless the employer or his representative shall have actual knowledge of the occurrence of an injury received within ninety days from the date of the occurrence of the injury, or unless the employee or someone on his behalf or a dependent or someone on…”
Cooper v. Kirkwood Cmty. Coll., 782 N.W.2d 160 (Iowa Ct. App. 2010). · cites it 12× “On March 18, 2003, Kirkwood filed an answer raising two affirmative defenses—that Cooper's claims were barred by her failure to comply with Iowa Code section 85.23 (employee must give employer notice of injury within ninety days of occurrence of injury unless employer has actual…”
IBP, Inc. v. Burress, 779 N.W.2d 210 (Iowa 2010). · cites it 5× “IBP filed a petition for judicial review raising four issues: (1) whether the agency erred in determining Burress’ brucellosis was an injury, (2) whether the agency erred by holding Burress complied with the statute of limitations and the ninety-day notice provision in Iowa Code…”
Arndt v. City of Le Claire, 728 N.W.2d 389 (Iowa 2007). · cites it 2× “11 allows the first report of injury to be admitted in evidence or used in any trial or hearing before any court, the workers’ compensation commissioner, or a deputy workers’ compensation commissioner for the limited purpose of showing the employer had notice of the occurrence…”
Terry Christiansen v. Iowa Bd. of Educ. Examiners, 831 N.W.2d 179 (Iowa 2013). · cites it 2× “The agency ultimately determined Cooper’s claims “were barred by the notice provisions of Iowa Code section 85.23, but were not barred by the two-year period of limitations of .”
Montgomery v. Polk Cnty., 278 N.W.2d 911 (Iowa 1979). · cites it 4× “2d 763, 766 (Iowa 1969) upon the basis that Jacques concerned use of the word "injury" in a section 85.23 (The Code 1966) notice of injury to an employer, while Mousel concerned use of the word in a time limitation for commencement of a proceeding for collection under section 85.”
Farmers Elevator Co., Kingsley v. Manning, 286 N.W.2d 174 (Iowa 1979). · cites it 4× “While the Elevator apparently does not dispute that it had actual knowledge of claimant’s injury, it asks us to construe section 85.23 of the Code to require that workers’ compensation claimants give their employers written notice within the ninety-day time limit of their…”
Doerfer Div. of CCA v. Nicol, 359 N.W.2d 428 (Iowa 1984). · cites it 3× “The reference to procedural notice in the above statute refers, of course, to Iowa Code sections 85.23 and .24. Section 85.23 provides no compensation shall be allowed unless the employer is given notice or “[u]nless the employer or his representative shall have actual knowledge…”
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