How workers comp works in Idaho
Workers compensation is no-fault insurance set up by Title 72 of the Idaho Code and overseen by the Idaho Industrial Commission. An employee hurt on the job, or who develops an occupational disease, gets benefits without having to prove the employer was at fault. In exchange, workers compensation is generally the employee's only remedy against the employer (Idaho Code 72-209).
The steps after an injury:
- The employee reports the injury to the employer as soon as possible. Idaho Code 72-701 requires notice within 60 days of the accident, and a claim within one year.
- The employer reports the injury to its insurer and makes sure a First Report of Injury reaches the Industrial Commission within 10 days (Idaho Code 72-602). Insurers usually file it for the employer, but the legal duty is the employer's.
- The insurer pays reasonable medical care for the injury (Idaho Code 72-432).
- If the employee cannot work, income benefits generally pay 67% of the average weekly wage, up to a state maximum (Idaho Code 72-408). No income benefits are paid for the first five days unless the disability lasts more than two weeks or the worker is hospitalized as an in-patient (Idaho Code 72-402).
- Lasting impairment, disability, and death benefits follow the schedules in Title 72.
Is Idaho a monopolistic workers comp state?
No. The monopolistic states, where employers must buy workers comp from the state, are North Dakota, Ohio, Washington, and Wyoming. Idaho Code 72-301 lets Idaho employers secure coverage from any insurer authorized by the Idaho Department of Insurance, from the Idaho State Insurance Fund, or through approved self-insurance.
That also means Idaho employers do not need the separate stop-gap coverage Washington employers buy: employers liability comes built into the Idaho workers comp policy as Part Two. See stop-gap insurance for how Washington differs.
The Idaho State Insurance Fund vs private insurers
The Idaho State Insurance Fund is a workers compensation insurer created by the state. It competes with private insurers rather than replacing them. Do not confuse it with the Industrial Special Indemnity Fund, a separate state fund that pays part of the benefits when a preexisting impairment combines with a work injury to cause total and permanent disability (Idaho Code 72-332).
Price, payment options, safety programs, and claims service differ between the State Insurance Fund and private insurers, and between private insurers. Because Idaho is an open market, it pays to compare them for your class codes.
Idaho workers comp requirements at a glance
| Question | Idaho rule |
|---|---|
| Who must carry it | Employers with one or more full-time, part-time, seasonal, or occasional employees, unless exempt |
| When | Before the first employee is hired |
| Where to buy | A private insurer licensed in Idaho, the Idaho State Insurance Fund, or approved self-insurance (Idaho Code 72-301) |
| Common exemptions | Sole proprietors, LLC and partnership members, qualifying corporate officers, household domestic service, casual employment (Idaho Code 72-212) |
| Penalty for going without | A misdemeanor, plus daily penalties and personal liability for the injured worker's benefits (Idaho Code 72-319, 72-210) |
| Who oversees it | The Idaho Industrial Commission |