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Idaho Workers' Compensation Laws: Benefits, Deadlines, and Your Rights

By Recording Law Editorial Team8 min read
Idaho Workers' Compensation Laws: Benefits, Deadlines, and Your Rights

Frequently Asked Questions

Is workers' comp required in Idaho?

Yes. Nearly all Idaho employers with one or more employees are required to carry workers' compensation insurance. Employers who fail to comply lose their exclusive-remedy protection and can be sued in civil court by injured workers.

How much does workers' comp pay in Idaho?

Temporary Total Disability benefits pay 67% of your average weekly wage, up to a maximum the Idaho Industrial Commission sets each year. The rate of 67% is slightly above the 66 2/3% common in most states. The actual maximum dollar figure changes annually.

How long does workers' comp last in Idaho?

Medical benefits continue as long as treatment is reasonable and necessary for your work injury. Wage-replacement benefits (TTD) last until you return to work or reach maximum medical improvement (MMI). Permanent disability benefits depend on the degree of your impairment rating after MMI.

How long do I have to file a workers' comp claim in Idaho?

You have 1 year from the date of your accident to file a formal Workers' Compensation Complaint with the Idaho Industrial Commission. This is one of the shorter deadlines in the country. If benefits were already being paid, a 5-year window exists to reopen the claim.

Can I choose my own doctor in Idaho?

It depends on whether your employer gave you advance written notice of a designated physician before your injury. If they did, you must start with that provider. If no written notice was given, you may choose your own treating physician. The Idaho Industrial Commission can also order a change of physician in disputes.

Can I be fired while on workers' comp in Idaho?

Idaho is an at-will employment state, but Idaho law prohibits employers from retaliating against employees for filing a workers' compensation claim. If you are fired and believe it is because you filed a claim, you may have a retaliation claim. Document everything and consult an attorney.

Can I sue my employer for a work injury in Idaho?

Generally no. Workers' compensation is the exclusive remedy against your employer for work-related injuries. You cannot also sue your employer in a civil lawsuit except in narrow cases: when the employer intentionally caused harm, when your employer had no workers' comp coverage, or when a third party (not your employer) contributed to your injury.

Injured in Idaho? Get a free case review from a personal-injury attorney

If someone else's negligence caused your injury, you may be owed compensation for medical bills, lost wages, and pain and suffering. Get a free, no-obligation review from a Idaho personal-injury attorney. Most work on contingency, so there is no upfront cost.

Sources and References

  1. Idaho Industrial Commission (IIC)(iic.idaho.gov).gov
  2. Idaho Workers' Compensation Act, Idaho Code Title 72(legislature.idaho.gov).gov
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