Idaho's workers' compensation law is Idaho Code Title 72. It is administered by the Idaho Industrial Commission, which approves insurers and self-insurers and holds hearings (Idaho Code 72-301, 72-706). Workers' comp rates are regulated under Idaho Code chapter 41-16. The national guide covers the general concepts: the exclusive-remedy bargain, the two parts of the policy, payroll-and-class-code rating and experience mods. These notes cover the Idaho rules.

Who must be covered

• Coverage is compulsory. The law covers all public employment and all private employment not expressly exempt (Idaho Code 72-203).

• How employers secure compensation (Idaho Code 72-301):

  • insurance with an authorized insurer;
  • self-insurance approved by the Industrial Commission, with security deposited.

  An insurer needs the Commission's authorization before writing workers' comp.

• State Insurance Fund: the fund insures employers against workers' comp and occupational disease liability (Idaho Code 72-901). Public employers must insure with it unless it refuses the risk (Idaho Code 72-301(1)(a)). Private employers may choose it or any authorized insurer. Idaho is not a monopolistic state.

• Exempt employment (Idaho Code 72-212) includes:

  • household domestic service, unless coverage is elected;
  • casual employment;
  • real estate associate brokers and salespeople paid solely by commission;
  • sole proprietors, working partners and LLC members;
  • corporate officers who own at least 10% of the voting stock and are also directors.

• Electing coverage: an employer may elect coverage for exempt workers by a written declaration of the employer and its surety, filed with the Commission (Idaho Code 72-213).

• Statutory employer: an employer is liable to the employees of an uninsured contractor or subcontractor, with the right to recover from them (Idaho Code 72-216).

• Employees never pay: an agreement for employees to pay any premium is void, and deducting it from wages is a misdemeanor (Idaho Code 72-318).

Failure to insure

• Failing to secure compensation is a misdemeanor. Responsible officers can be personally liable (Idaho Code 72-319).
• Daily penalty: the greater of $2 per employee per day or $25 per day, for up to three years.
• Added award: an injured worker of an uninsured employer gets an extra 10% of total compensation, plus costs and attorney fees (Idaho Code 72-210).

Exclusive remedy and fault

• Benefits provide sure and certain relief regardless of fault (Idaho Code 72-201).
• They are the employee's exclusive remedy against the employer (Idaho Code 72-209, 72-211).
• Exception: injury caused by the employer's willful or unprovoked physical aggression.
• Third parties: the employer is subrogated to the employee's claim against a third party, up to its own liability (Idaho Code 72-223).

Benefits

Notice, claims and settlements

• Employee notice: notice of the accident within 60 days. A claim within one year of the accident or death, unless benefits were paid voluntarily (Idaho Code 72-701).
• Employer report: a written first report of injury as soon as practicable, and no later than 10 days after the injury (Idaho Code 72-602). Notice to the employer counts as notice to its insurer (Idaho Code 72-307).
• Hearing: a claimant has one year from making the claim to ask the Commission for a hearing (Idaho Code 72-706).
• Settlements are reviewed by the Commission when a party is unrepresented, a minor or incompetent (Idaho Code 72-404).
• Claims service: insurers handle claims through their own Idaho offices or through licensed resident independent adjusters (Idaho Code 72-305).
• Dividends: participating dividends may not come from nonparticipating profits (Idaho Code 41-2513).

Common exam traps

• The Industrial Commission runs workers' comp, not the Department of Insurance.
• The waiting period is 5 days, paid back after two weeks. The benefit rate is 67%.
• The State Insurance Fund is required for public employers but is optional for private ones. Idaho is not monopolistic.
• Notice is due within 60 days; claims must be filed within one year.
• Employer physical aggression is the exception to exclusive remedy.