87.1  Insurance of liability required.

Every employer subject to the provisions of this and chapters 85, 85A, 85B, and 86, unless relieved therefrom as hereinafter provided, shall insure the employer's liability thereunder in some corporation, association, or organization approved by the commissioner of insurance.

A motor carrier who contracts with an owner-operator who is acting as an independent contractor pursuant to section 85.61, subsection 13, shall not be required to insure the motor carrier's liability for the owner-operator. A motor carrier may procure compensation liability insurance coverage for these owner-operators, and may charge the owner-operator for the costs of the premiums. A motor carrier shall require the owner-operator to provide and maintain a certificate of workers' compensation insurance covering the owner-operator's employees. An owner-operator shall remain responsible for providing compensation liability insurance for the owner-operator's employees.

Every such employer shall exhibit, on demand of the workers' compensation commissioner, evidence of the employer's compliance with this section; and if such employer refuses, or neglects to comply with this section, the employer shall be liable in case of injury to any worker in the employer's employ under the common law as modified by statute.

Section History: Early form

  [S13, § 2477-m41; C24, 27, 31, 35, 39, § 1467; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 87.1]

Section History: Recent form

  91 Acts, ch 209, §2; 94 Acts, ch 1066, §1; 98 Acts, ch 1061, § 11

Internal References

  Referred to in § 87.4


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