Idaho Workers Compensation Law

Frequently Asked Questions

Workers compensation is Idaho law that protects both injured workers and their employers. When a worker is injured on the job regardless of who is at fault (be it the employer, the employee, co-employees or other third parties), the worker is entitled to four distinct benefits listed below.

1. Immediately notify your employer! This means anyone in a supervisory capacity over you. If the big boss is not around, notify your immediate authority. If no authority figure is around, then notify someone in Human Resources.

2. Immediately fill out an accident/incident report! Most employers have a standard form on file. Do not wait for it to be offered. Ask for it, fill it out correctly, give it to your employer and retain a copy for your records. If your Idaho work injury is serious, you can request that someone do this for you.

3. Seek immediate medical assistance! An injury always results in some type of medical evaluation and treatment – – even if it is a band-aid or an aspirin. Do not delay! When you see medical personnel you are documenting your injury, placing yourself in line for benefits and on your way to recovery. You may want to talk to an Idaho workers compensation attorney soon.

1.    Medical Expenses:     These are paid at 100% if properly billed to the workers compensation insurer.  Once the claim has been properly filed, payments are made directly to the physicians when they submit their bills.

2.    Time Loss Benefits (TTDs):     TTDs are established by state law.  Generally this means the injured worker will be paid 67% of his/her average weekly wage after the first five (5) days of injury which represents a waiting period.

3.    Permanent Partial Impairment (PPI):    This is a medical assessment of an impairment to a body part or body function in nature. For example, if someone lost vision in one eye, Idaho law determines exactly how much the loss of an eye is worth. Generally work injuries occur to the spine (neck or back), or extremities like arms, hands, legs and feet.

The PPI Impairment is assessed by a physician, in percentage terms.  For example, in the case of a neck injury, a physician may assign a 10% impairment to the neck for a herniated disc.

4.    Permanent Partial Disability (PPD):    Disability means a loss of earning capacity.  This is usually determined by a vocational rehabilitation specialist who assesses how the injured workers impairment, restrictions and limitations affect his or her ability to engage in work.

PPD Example: a long haul truck driver who injures his back may be totally restricted from driving.  If this affects the workers income, resulting in a change to a lesser paying job, then the difference in wages earned before the injury may be compared to wages after the injury to determine loss of earning capacity.

You may be a victim of insurance company stone walling. This is where an insurance company basically blows you off and becomes difficult to work with. There may be a variety of reasons why the insurer does not immediately pay benefits or even denies payment.  The most common reason is failure of the employer or employee to communicate with the Idaho workers compensation insurer (the at fault party).

  1. Get and fill out an accident form
  2. Submit the form to the Idaho Industrial Commission
  3. Submit the form to the worker compensation insurer

Time loss payments (aka TTDs) are usually tendered within 30 days.

If your time loss check (how much work time have you lost ) has not come within 30 days contact both your employer and the insurer to determine whether they have filed or submitted an accident form.

If not, submit the proper paperwork directly to the insurer and the Industrial Commission. You can find the names of all insurance companies, their addresses and phone numbers on file at the Idaho Industrial Commission at (800) 950-2110 or learn more at there website <—

Legal Tip #1: The Idaho Statute of Limitations is applicable to work comp cases. This means you only have between 1-5 years to use benefits you are entitled too. If in doubt of how much longer you have to receive benefits from an injury, talk with us about Idaho workers compensation law so you use benefits you’re rightfully entitled to by law.

Legal Tip # 2: Even if your medical and TTD benefits have been timely paid, it is wise to seek legal counsel with an experienced work comp attorney. Your attorney will assess whether you are entitled to impairment and disability benefits and that the amount you receive is fair and just.

Legal Tip #3: If your insurer still has not paid benefits (medical bills) after the submission of the proper paperwork and if you have not received an Explanation of Benefits letter (this shows exactly what financial compensation you are awarded) from the insurer, you should contact us immediately.

Legal Tip #4: Keep in mind, impairment and disability benefits are not guaranteed. In other words the insurer has no affirmative duty to establish your impairment rating and to pay it or to tell you that you have a loss of earning capacity. This is your responsibility to establish.

Most people seek legal advice when they do not receive timely payments of their benefits or have been denied benefits. If your benefits (your medical bills & Income) have not been paid you can contact us for a free workmen’s compensation evaluation.

Disclaimer: The information represented herein does not constitute a legal or binding contract between the reader and McBride & Roberts Attorneys.  No legal advice is being offered in this information.  Each Claimant and injuries are unique.  Legal assistance must be assessed on a case by case basis.  Contact an experienced work comp attorney on matters relating to a work injury.