Information: Termination of Nonelection of Workers' Compensation or Employers' Liability Coverage Under Iowa Code Section 87.22

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.

A proprietor, limited liability company member, limited liability partner, or partner may terminate a nonelection of coverage after filing it with the Iowa Division of Workers' Compensation (DWC).

Effect of Termination

After notice of termination, the status of the person signing the notice of termination shall be the same as if the nonelection of coverage had not been made, except that the notice of termination shall not be effective as to any injury sustained or disease incurred less than one week after the notice is filed.

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 terminate the nonelection of coverage by submitting written notice of termination to DWC.

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

Form

To view, complete, sign, and file the Termination of Rejection of Workers' Compensation form with DWC, click here.

List

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

Nonelections of Coverage

For information about nonelections of coverage, click here.