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 \n Tue Dec 09 22:29:42 2025 Iowa Code 2026, Chapter 87 (28, 0) §87.21, WORKERS’ COMPENSATION OR EMPLOYERS’ LIABILITY INSURANCE 8\n\nto an employee for a personal injury in the course of and arising out of the employment, and the employee may enforce the liability by 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. [C24, 27, 31, §1479; C35, §1479, 1481-e1; C39, §1479, 1481.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §87.21, 87.24; 82 Acts, ch 1161, §26, ch 1221, §3] 83 Acts, ch 36, §4, 8; 2023 Acts, ch 19, §1759 \n
Notes of Decisions
Cited in
21
cases (
1 in the last 5 years), 1962–2021 · leading case:
Stroup v. Reno, 530 N.W.2d 441 (Iowa 1995).
Stroup v. Reno, 530 N.W.2d 441 (Iowa 1995).
· cites it 100× “Stroup, can have two "bites at the apple" under Iowa Code section 87.21 (1993) by bringing alternate or successive actions against his uninsured employer for petitioner's work related injuries.”
Leonard Jack v. P & A Farms, LTD., 822 N.W.2d 511 (Iowa 2012).
· cites it 12× “Therefore, under Iowa Code section 87.21 (2005), it was presumed that his injuries were the direct result of, and grew out of, the negligence of Crooked Creek and that such negligence was the proximate cause of his injuries.”
Reid v. Hansen, 440 N.W.2d 598 (Iowa 1989).
· cites it 25× “Iowa Code § 87.21 (1987). The district court concluded that plaintiff has no right to sue in tort under section 87.”
Baker v. Shields, 767 N.W.2d 404 (Iowa 2009).
· cites it 14× “” Iowa Code § 87.21 (2). The district court granted the defendants’ motions for summary judgment.”
Danker v. Wilimek, 577 N.W.2d 634 (Iowa 1998).
· cites it 20× “See Iowa Code § 87.21 (1991) (providing alternatives for situations where an employer does not have workers’ compensation insurance).”
Garien v. Schneider, 546 N.W.2d 606 (Iowa 1996).
· cites it 15× “Relying on Iowa Code section 87.21 (1993), Alan brought an action at law against his employer.”
Downs v. a & H Constr., Ltd., 481 N.W.2d 520 (Iowa 1992).
· cites it 2× “See Iowa Code § 87.21 . A & H has in no way interfered with that right.”
Reedy v. White Consol. Indus., Inc., 503 N.W.2d 601 (Iowa 1993).
· cites it 2× “Iowa Code § 87.21 (1993). To be a qualified self-insured employer under the act, it is necessary to voluntarily assume a recognized status under the workers’ compensation laws as an insurer.”
Bremer v. Wallace, 728 N.W.2d 803 (Iowa 2007).
· cites it 2× “§ 87.21. Bremer chose to pursue a claim under the workers’ compensation statute.”
Jansen v. Harmon, 164 N.W.2d 323 (Iowa 1969).
· cites it 2× “15 or the failure of the employer to insure as provided in section 87.21. Plaintiffs alleged neither condition precedent.”
Eischeid v. Dover Constr., Inc., 265 F. Supp. 2d 1047 (N.D. Iowa 2003).
· cites it 7× “In an abundance of caution, Woods also addresses the exception to the exclusive remedy provided by the Iowa Workers’ Compensation Act, found in Iowa Code § 87.21 . Woods contends that the authorization in § 87.”
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