Iowa Code » Chapter 85 — WORKERS’ COMPENSATION
Iowa Code

Iowa Code § 85.31 (2026)

Death cases — dependents

✓ current as of July 2026
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1. a. When death results from the injury, the employer shall pay the dependents who were wholly dependent on the earnings of the employee for support at the time of the injury, during their lifetime, compensation upon the basis of eighty percent per week of the employee’s average weekly spendable earnings, commencing from the date of death as follows: (1) To the surviving spouse for life or until remarriage, provided that upon remarriage two years’ benefits shall be paid to the surviving spouse in a lump sum, if there are no children entitled to benefits. (2) To any child of the deceased until the child shall reach the age of eighteen, provided that a child beyond eighteen years of age shall receive benefits to the age of twenty-five if actually dependent, and the fact that a child is under twenty-five years of age and is enrolled as a full-time student in any accredited educational institution shall be a prima facie showing of actual dependency. (3) To any child who was physically or mentally incapacitated from earning at the time of the injury causing death for the duration of the incapacity from earning. (4) To all other dependents as defined in section 85.44 for the duration of the incapacity from earning.

b. The weekly benefit amount shall not exceed a weekly benefit amount, rounded to the nearest dollar, equal to two hundred percent of 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 the injury. The minimum weekly benefit amount shall be equal to the weekly benefit amount of a person whose gross weekly earnings are thirty-five percent of the statewide average weekly wage. Such compensation shall be in addition to the benefits provided by sections 85.27 and 85.28.

2. When the injury causes the death of a minor employee whose earnings were received by the parent and such parent was wholly dependent upon the earnings of the minor employee for support at the time of the injury, the compensation to be paid such parent shall be the weekly compensation for an adult with like earnings. For the purposes of this section a stepparent shall be regarded as a parent only when the stepparent has actually received the stepparent’s principal support from the stepchild who died as a result of compensable injuries.

3. If the employee leaves dependents only partially dependent upon the employee’s earnings for support at the time of the injury, the weekly compensation to be paid as provided in subsections 1 and 2 shall be equal to the same proportion of the weekly payments for the benefit of persons wholly dependent as the amount contributed by the employee to such partial dependents bears to the annual earnings of the deceased at the time of the injury.

4. Where an employee is entitled to compensation under this chapter for an injury received, and death ensues from any cause not resulting from the injury for which the\n\nTue Dec 09 22:29:52 2025 Iowa Code 2026, Chapter 85 (59, 0) §85.31, WORKERS’ COMPENSATION 12\n\nemployee was entitled to the compensation, payments of the unpaid balance for such injury shall cease and all liability therefor shall terminate.

5. Except as otherwise provided by treaty, whenever, under the provisions of chapter 10A, subchapter III, this chapter, and chapter 87, compensation is payable to a dependent who is an alien not residing in the United States at the time of the injury, the employer shall pay fifty percent of the compensation herein otherwise provided to such dependent, and the other fifty percent shall be paid into the second injury fund in the custody of the treasurer of state. But if the nonresident alien dependent is a citizen of a government having a compensation law which excludes citizens of the United States, either resident or nonresident, from partaking of the benefits of such law in as favorable degree as herein extended to the nonresident alien, then the compensation which would otherwise be payable to the dependent shall be paid into the second injury fund in the custody of the treasurer of state. [S13, §2477-m9, -m10; C24, 27, 31, 35, 39, §1392; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.31; 82 Acts, ch 1161, §6] 87 Acts, ch 111, §1; 94 Acts, ch 1065, §3; 96 Acts, ch 1186, §23; 2008 Acts, ch 1032, §169; 2020 Acts, ch 1062, §77; 2021 Acts, ch 80, §33; 2022 Acts, ch 1021, §27; 2023 Acts, ch 19, §1743 Referred to in §85.43, 85.45 \n

Notes of Decisions
Cited in 23 cases (5 in the last 5 years), 1962–2024 · leading case: Rojas v. Pine Ridge Farms, L.L.C., 779 N.W.2d 223 (Iowa 2010).
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Rojas v. Pine Ridge Farms, L.L.C., 779 N.W.2d 223 (Iowa 2010). · cites it 91× “See Iowa Code § 85.31 (5) (2003). All of the dependents filed petitions for judicial review.”
Varnum v. Brien, 763 N.W.2d 862 (Iowa 2009). · cites it 2× “4 (spouse has power to make decision concerning anatomical gifts); id. § 144A.”
Iowa Erosion Control, Inc. v. Sanchez, 599 N.W.2d 711 (Iowa 1999). · cites it 25× “Iowa Code § 85.31 (1). A “dependent” is defined in section 85.”
Lakeside Casino v. Blue, 743 N.W.2d 169 (Iowa 2007). · cites it 2× “Iowa Code § 85.31 (1) (2001); Meyer, 710 N.”
Thayer v. State, 653 N.W.2d 595 (Iowa 2002). · cites it 2× “As such we find Thayer’s injuries arose out of and in the course of her employment pursuant to Iowa Code section 85.31. See, e.g., Schauder v. Pfeifer, 173 A.”
McClure v. Employers Mut. Cas. Co., 238 N.W.2d 321 (Iowa 1976). · cites it 2× “Here however the workmen's compensation was payable to the dependent widow under § 85.31 of the Code whereas the administrator is entitled to the uninsured motorist insurance by virtue of our survival statute, § 611.”
Bertrand v. Sioux City Grain Exch., 419 N.W.2d 402 (Iowa 1988). · cites it 4× “” Iowa Code § 85.31 (1); see Lauhoff Grain Co.”
Goebel v. City of Cedar Rapids, 267 N.W.2d 388 (Iowa 1978). · cites it 2× “See § 85.31 (death benefits) and §§ 85.32-85.”
Briar Cliff Coll. v. Campolo, 360 N.W.2d 91 (Iowa 1984). · cites it 2× “Lois Campolo, the surviving spouse, filed a petition for death benefits with the Iowa industrial commissioner pursuant to Iowa Code section 85.31 on behalf of herself and dependent children, Andrea J.”
Sidles Distrib. Co. v. Heath, 366 N.W.2d 1 (Iowa 1985). · cites it 4× “Iowa Code § 85.31 (4) (1981). In the absence of other qualified dependents, a benefit period for a dependent spouse is shortened by that person’s death or remarriage.”
Diamond v. Parsons Co., 129 N.W.2d 608 (Iowa 1964). · cites it 2× “Under section 85.31 the maximum death benefit is 300 weeks and in the event of death from causes not connected with the injury compensation ceases.”
Murphy v. Franklin Cnty., 145 N.W.2d 465 (Iowa 1966). · cites it 2× “Having correctly found financial dependency, the commissioner then had to determine the degree of dependency, or more properly, the percentage of weekly compensation payable under section 85.31, Code, 1966: “3. If the employee leaves dependents only partially dependent upon his…”
Show all 23 citing cases →
— Iowa Code § 85.31(1) — 2 cases
Rojas v. Pine Ridge Farms, L.L.C., 779 N.W.2d 223 (Iowa 2010). “See Iowa Code § 85.31 (5) (2003). All of the dependents filed petitions for judicial review.”
Seeger v. Juncker, 236 N.W.2d 372 (Iowa 1975).
— Iowa Code § 85.31(1)(6) — 1 case
Rojas v. Pine Ridge Farms, L.L.C., 779 N.W.2d 223 (Iowa 2010). “See Iowa Code § 85.31 (5) (2003). All of the dependents filed petitions for judicial review.”
— Iowa Code § 85.31(1)(a) — 3 cases
Rojas v. Pine Ridge Farms, L.L.C., 779 N.W.2d 223 (Iowa 2010). “See Iowa Code § 85.31 (5) (2003). All of the dependents filed petitions for judicial review.”
Blasdell v. Linnhaven, Inc. (Iowa Ct. App. 2022).
Roger Blasdell v. Linnhaven, Inc. & Accident Fund Nat'l Ins. Co./United Heartland (Iowa 2023).
— Iowa Code § 85.31(1)(a)(1) — 1 case
Linnhaven, Inc., & Accident Fund Nat'l Ins. Co./United Heartland v. Roger Blasdell, surviving spouse of Heather Blasdell (Iowa Ct. App. 2024).
— Iowa Code § 85.31(1)(d) — 1 case
Rojas v. Pine Ridge Farms, L.L.C., 779 N.W.2d 223 (Iowa 2010). “See Iowa Code § 85.31 (5) (2003). All of the dependents filed petitions for judicial review.”
— Iowa Code § 85.31(5) — 1 case
Rojas v. Pine Ridge Farms, L.L.C., 779 N.W.2d 223 (Iowa 2010). “See Iowa Code § 85.31 (5) (2003). All of the dependents filed petitions for judicial review.”
— Iowa Code § 85.31(l)(b) — 1 case
Iowa Erosion Control, Inc. v. Sanchez, 599 N.W.2d 711 (Iowa 1999). “Iowa Code § 85.31 (1). A “dependent” is defined in section 85.”
— Iowa Code § 85.31(l)(c) — 1 case
Iowa Erosion Control, Inc. v. Sanchez, 599 N.W.2d 711 (Iowa 1999). “Iowa Code § 85.31 (1). A “dependent” is defined in section 85.”
— Iowa Code § 85.31(l)(d) — 2 cases
Rojas v. Pine Ridge Farms, L.L.C., 779 N.W.2d 223 (Iowa 2010). “See Iowa Code § 85.31 (5) (2003). All of the dependents filed petitions for judicial review.”
Iowa Erosion Control, Inc. v. Sanchez, 599 N.W.2d 711 (Iowa 1999). “Iowa Code § 85.31 (1). A “dependent” is defined in section 85.”
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