Information: Nonelection of Workers' Compensation or Employers' Liability Insurance Coverage

Under Iowa Code section 87.22, a proprietor, limited liability company member, limited liability partner, or partner may make a nonelection of workers' compensation or employers' liability coverage (nonelection of coverage).

The law allows a proprietor, limited liability company member, limited liability partner, or partner to elect not to be covered by workers' compensation or employers' liability coverage under by Iowa Code chapters 85, 85A, and 85B relating to workers’ compensation by knowingly and voluntarily making a nonelection of coverage.

Employees

The following employees of a corporation may make a nonelection of coverage:

  • Proprietor
  • Limited liability company member
  • Limited liability partner
  • Partner

No other employees may make a nonelection of coverage under the law.

Enforceability 

A nonelection of coverage is not enforceable if it is required as a condition of employment.

Employers With Insurance Policy Covering Other Employees

A proprietor, limited liability company member, limited liability partner, or partner of an employer who has a workers’ compensation or employers’ liability insurance policy that covers other employees may make a nonelection of coverage by signing a nonelection of coverage and attaching it to their insurance policy.

If you have a workers’ compensation or employers’ liability insurance policy that covers other employees:

  • Contact your insurance carrier and/or attorney with any questions about making a nonelection of coverage.
  • Do not file a completed nonelection of coverage form with the Iowa Division of Workers’ Compensation (DWC).

Employers With No Insurance Policy Covering Other Employees

A proprietor, limited liability company member, limited liability partner, or partner of an employer who does not have a workers’ compensation or employers’ liability insurance policy that covers other employees may make a nonelection of coverage by completing a Nonelection of Workers’ Compensation or Employers’ Liability Coverage (Form 14-0175) and filing it with DWC.

Form

To view, complete, and file with the Iowa Division of Workers' Compensation (DWC) nonelection of coverage form, click here.

Two (2) disinterested witnesses who are not, formally or informally, affiliated with the employer must witness the signing of the form.

List

To view the list of nonelections of coverage filed with DWC on or after November 1, 2019, click here.

Termination of Nonelection of Coverage

A proprietor, limited liability company member, limited liability partner, or partner may terminate a nonelection of coverage.

For information about terminating a nonelection of coverage filed with DWC, click here.