OVERVIEW
The Iowa Division of Workers' Compensation (DWC) must approve all settlements of workers' compensation claims under Iowa law.
This page contains frequently asked questions (FAQ) about agency approval of workers' compensation settlements under Iowa law.
LEGAL ADVICE
The FAQ pages are intended to provide general information about the Iowa workers' compensation system. For resources to help you get legal advice, click here.
TABLE OF CONTENTS
- When should the parties provide notice to DWC that they have agreed to settle a claim?
- How should the parties provide notice to DWC that they have agreed to settle a claim?
- How long do the parties have to submit settlement documents for DWC approval?
- May the parties request an extension of the deadline for submitting settlement documents for DWC approval?
- Does DWC have forms for settlements?
- Must the parties to a workers' compensation claim use the DWC settlement forms?
- Must DWC approve a settlement?
- Does DWC provide tips for the preparation of settlement documents?
- Is there a page limit for settlement documents submitted for DWC approval?
- May personally identifiable information (PII) be included in settlement documents submitted for DWC approval?
- Does DWC have jurisdiction to approve a settlement of any other types of claims?
- Should the parties include other types of claims in a settlement submitted for DWC approval?
- What happens if the parties include other types of a claims in a settlement submitted for DWC approval?
- What is a claimant statement?
- When is a claimant statement required?
- Are settlement documents public records under Iowa law?
FAQ
When should the parties provide notice to DWC that they have agreed to settle a claim?
If the parties are litigating a contested case proceeding, they should give DWC notice that they have agreed to settle.
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How should the parties provide notice to DWC that they have agreed to settle a claim?
When the parties to a contested case proceeding scheduled for a hearing before the agency agree to settle the case, they should:
- Electronically file (eFile) on the Workers' Compensation Electronic System (WCES) notice of intent to settle; and
- Email the presiding deputy commissioner with notice of their intent to settle.
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How long to the parties have to submit settlement documents for DWC approval?
If the case was scheduled for a hearing before the agency, the parties have sixty (60) days from the date on which they gave notice of intent to settle to submit settlement documents for DWC approval.
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May the parties request an extension of the deadline for submitting settlement documents for DWC approval?
Yes, the parties may request an extension of the deadline to submit settlement documents for DWC approval.
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Does DWC provide forms for settlements?
Yes, DWC provides settlement forms.
To view and download DWC settlement forms, click here.
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Is there a page limit for settlement documents submitted for DWC approval?
Yes, an application for approval of a settlement or an original notice and petition for approval of a commutation or partial commutation will not be accepted for filing if accompanied by documentation in excess of twenty (20) pages.
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Must the parties to a workers' compensation claim use DWC settlement forms?
Yes, the parties to a workers' compensation claim must use DWC settlement forms when submitting a settlement to the agency for approval.
To view and download the DWC settlement forms, click here.
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Must DWC approve a settlement?
Yes, DWC must approve all settlements of workers' compensation claims under Iowa law.
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Does DWC provide tips for the preparation of settlement documents?
Yes, the DWC website has tips for the preparation of settlement documents. To view the tips, click here.
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May personally identifiable information (PII) be included in a settlement submitted for DWC approval?
No, personally identifiable information (PII) such as the worker's Social Security number may not be included in a settlement submitted for DWC approval.
The agency will reject a proposed settlement if it includes PII and require the parties to redact the PII and then resubmit the settlement for approval.
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Does DWC have jurisdiction to approve a settlement of any other types of claims involving the employer and worker?
No, DWC does not have jurisdiction to approve a settlement of any other types of employment claims between a worker and employer.
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Should the parties include other types of claims in a settlement submitted for DWC approval?
No, the parties should not include any other types of claims in a workers' compensation settlement submitted for DWC approval.
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What happens if the parties include other types of claims in a settlement submitted for DWC approval?
DWC will reject a settlement submitted to the agency for approval if it includes other types of claims because the agency does not have jurisdiction over them.
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What is a claimant statement?
A claimant statement is a DWC form that an injured worker who is unrepresented by an attorney must complete, certify, sign, and submit to the agency as part of the settlement approval.
To view and download the claimant statement form, click here.
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When is a claimant statement required?
A claimant statement is required if the injured worker is not represented by an attorney. The parties must submit the completed claimant statement to the DWC when they submit settlement documents for approval.
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Are settlement documents public records under Iowa law?
Yes, the DWC must make settlement documents open for public inspection under Iowa Code sections 22.1 and 86.45(1).
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More Info
For more information about workers' compensation in Iowa, click here.