87.21 - EMPLOYER FAILING TO INSURE.
87.21 EMPLOYER FAILING TO INSURE.
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 to 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 chapters 85, 85A, 85B, and 86. 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. Section History: Early Form
[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] Section History: Recent Form
83 Acts, ch 36, § 4, 8