Iowa Code

Iowa Code § 85.28 (2026)

Burial expense

✓ current as of July 2026

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When death ensues from the injury, the employer shall pay the reasonable expenses of burial of such employee, not to exceed twelve times the statewide 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 death, which shall be in addition to other compensation or any other benefit provided for in this chapter. [S13, §2477-m9; C24, 27, 31, 35, 39, §1388; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.28] 92 Acts, ch 1031, §1; 2003 Acts, ch 140, §1; 2008 Acts, ch 1022, §1; 2020 Acts, ch 1062, §76 Referred to in §85.29, 85.31, 85.34, 85.37\n\nTue Dec 09 22:29:52 2025 Iowa Code 2026, Chapter 85 (59, 0) 11 WORKERS’ COMPENSATION, §85.31

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1962–2024 · leading case: Johnson v. Int'l Paper Co., 530 N.W.2d 475 (Iowa Ct. App. 1995).

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Johnson v. Int'l Paper Co., 530 N.W.2d 475 (Iowa Ct. App. 1995). · cites it 2× “Iowa Code section 85.28 (1993) provides that an employee give notice to his or her employer within ninety days from the date of the occurrence of an injury before a claim for benefits may be filed.”

Brauer v. J. C. White Concrete Co., 115 N.W.2d 202 (Iowa 1962). · cites it 2× “Section 85.28 is a similar provision for payment of reasonable burial expense; 85.”

Linnhaven, Inc., & Accident Fund Nat'l Ins. Co./United Heartland v. Roger Blasdell, surviving spouse of Heather Blasdell (Iowa Ct. App. 2024). · cites it 2× “31(1)(a)(1) and reimbursement for burial expenses under section 85.28. Linnhaven denied liability, arguing that Blasdell was barred from receiving any benefits under Iowa Code section 85.”

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