Idaho Workers Compensation Insurance: Requirements, How It Works, and Where to Buy

Idaho requires almost every employer to carry workers compensation from the first employee, full-time or part-time. It pays injured workers' medical care and part of their lost wages, and in return the employer generally cannot be sued over the injury. Idaho is not a monopolistic state: employers buy coverage from private insurers or the Idaho State Insurance Fund, or self-insure with approval.

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

QuestionIdaho rule
Who must carry itEmployers with one or more full-time, part-time, seasonal, or occasional employees, unless exempt
WhenBefore the first employee is hired
Where to buyA private insurer licensed in Idaho, the Idaho State Insurance Fund, or approved self-insurance (Idaho Code 72-301)
Common exemptionsSole proprietors, LLC and partnership members, qualifying corporate officers, household domestic service, casual employment (Idaho Code 72-212)
Penalty for going withoutA misdemeanor, plus daily penalties and personal liability for the injured worker's benefits (Idaho Code 72-319, 72-210)
Who oversees itThe Idaho Industrial Commission

What it covers

  • Medical care for work-related injuries and occupational diseases
  • Income benefits while an employee cannot work, generally 67% of their average weekly wage within state limits
  • Permanent impairment and disability benefits
  • Death benefits for dependents
  • Employers liability: lawsuits connected to a workplace injury, under Part Two of the policy

What it does not cover

  • Exempt workers who have not elected coverage, such as sole proprietors and LLC or partnership members
  • True independent contractors (Idaho uses a right to control test)
  • Work in another state without the right endorsement or reciprocity filing
  • Employment discrimination and harassment claims (that is EPLI)
  • Fines and penalties for failing to carry coverage

Who needs it

Every Idaho employer with at least one employee, including part-time, seasonal, and occasional workers, unless the employment is exempt under Idaho Code 72-212. Contractors also need it to protect themselves from uninsured subcontractors, and owners who are exempt can choose to cover themselves.

What drives the price

  • Class codes for the work your employees actually do
  • Payroll by class code, audited after the policy year
  • Experience modification, once your premium is large enough to be rated
  • Claims history
  • Payments to subcontractors without their own coverage
  • Whether owners elect to be covered

Where owners get caught: the uninsured subcontractor

Under Idaho Code 72-216, an employer is liable for compensation to the employee of a contractor or subcontractor working under it who has not secured coverage. The Industrial Commission's own guidance puts it plainly: an injured worker of an uninsured subcontractor may collect from the general contractor. Your carrier knows this too, so at audit, payments to subs without certificates are usually charged as your payroll. Collect a current certificate from every sub before they start, and keep it on file.

Workers Comp (Idaho): common questions

How does workers comp work in Idaho?

An injured employee reports the injury to the employer, the employer reports it to its insurer, and the insurer pays medical care and, if the employee misses work, income benefits of generally 67% of the average weekly wage up to a state maximum. In return, workers comp is generally the employee's only remedy against the employer.

Is workers comp required in Idaho?

Yes, for almost every employer with at least one employee, including part-time, seasonal, and occasional workers. The Idaho Industrial Commission says coverage must be in place before the first employee is hired, unless the employment is specifically exempt.

Is Idaho a monopolistic workers comp state?

No. Idaho employers can buy workers comp from private insurers authorized in Idaho, from the Idaho State Insurance Fund, or self-insure with approval. The monopolistic states are North Dakota, Ohio, Washington, and Wyoming.

Is the Idaho State Insurance Fund the only option?

No. Idaho Code 72-301 allows coverage from any insurer authorized by the Idaho Department of Insurance, from the State Insurance Fund, or through approved self-insurance. Private employers can shop all of them; we compare carriers for your class codes.

Who is exempt from workers comp in Idaho?

Idaho Code 72-212 exempts, among others, household domestic service, casual employment, sole proprietors, working members of a partnership or LLC, and corporate officers who own at least 10% of the voting stock and, if the corporation has directors, also serve as a director. Associate real estate brokers and salespeople paid only by commission are also exempt. Exempt owners can elect coverage.

What happens if an Idaho employer does not carry workers comp?

It is a misdemeanor under Idaho Code 72-319, with a penalty of the greater of $2 per employee per day or $25 per day, plus larger penalties for repeat failures. The Commission warns that an uninsured employer can be personally liable for all benefits, including medical and wage loss, and Idaho Code 72-210 adds 10% plus attorney fees to an injured worker's award.

My Idaho employees sometimes work in Washington. Are they covered?

Washington L&I lists Idaho as a reciprocal state: an Idaho employer can bring employees into Washington temporarily under its Idaho policy with an extraterritorial coverage certificate. Longer or regular Washington work usually needs a Washington L&I account. We map where your people work before you sign.

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