Idaho Workers' Compensation Laws

Idaho provides a small-town feel throughout the state. As a resident and hard-working employee, you know that the best work gets done by getting up with the sun and by treating others the way you wish to be treated. But if you are hurt on the job, Idaho has some very strict restrictions on compensation. You will want to make sure you read up on Idaho workers' compensation laws to best protect your rights.

The table and summaries below contain the most important components of Idaho workers' comp laws.

Statute

Time Limits

Waiting period for wage replacement

  • 5 days or immediately if you are hospitalized in-patient (§72-402)
  • 2 weeks for the first 5 days to be paid (§72-402)

Limit on Wages

  • Yes (§72-409):
  • Max: 90% of the average weekly state wage
  • Min: 45% of the average weekly state wage

Coverage for mental injuries

  • Yes, in limited circumstances (§72-451)

Choice of Doctor

  • Only with pre-authorization from the insurance company or a successful Petition for Change of Physician (§72-432)

Job Guarantee

  • None

Exempt Employees

  • Agricultural and domestic laborers (§72-1385)

Coverage

First and foremost: if you work on a farm in Idaho, you likely are not covered by workers' comp insurance. While most employers in Idaho are required to provide workers' compensation insurance for their employees, there are exemptions. Domestic employees also are exempt.

Mental injuries are covered in limited circumstances. However, disability resulting from typical disciplinary actions, changes in duty, job evaluation, or employment termination is unlikely to be compensable. Essentially, if you have been having disabling panic attacks ever since you were promoted, it is unlikely you will be able to recover workers' comp benefits to pay for your Xanax.

Benefits

Compensation for necessary medical treatment is available "for a reasonable time" after an injury. If you have suffered a life-changing injury, you may have trouble obtaining medical treatment compensation in the long run. However, you may be eligible for retraining benefits for up to a year if you are unable to return to your previous occupation.

Wage replacement is available to compensate you for time away from work.The amount of compensation differs depending upon the severity and duration of your disability, but it is generally based on 55% of your average weekly wage, subject to legal maximums and minimums.

Dispute Resolution

If your claim is denied in whole or in part, you will want to request a formal hearing by filing a Complaint Form with the Industrial Commission. In Idaho, you will additionally need to file a "Request for Calendaring" to get a date for your hearing. You may wish to retain an attorney for this process. At your hearing, you will need to present evidence which supports your position that your claim should be approved in its entirety. This evidence might include wage stubs for accurate average weekly wage calculation, expert testimony for an accurate disability diagnosis, and/or testimony from fellow employees to support a finding that your injury resulted from compensable circumstances.

Get a Claim Review at No Cost from a Workers' Comp Lawyer

Even without limitations in place, wage replacement compensation in Idaho is low compared to other states. But once you take into account the limits on weekly income benefits, anyone without workers' comp claim experience could quickly get lost. To insure your weekly benefits are being calculated properly, or to get help getting your medical treatment authorized, get a free claim review from a workers' compensation attorney in Idaho.

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