Idaho Workers' Compensation
Workman's compensation or workers comp is a no-fault insurance system provided by employers to employees who suffer a work injury. Workman's compensation can include wage loss compensation and medical benefits for employees who are either injured while performing their normal job duties or from an occupational illness.
The Workers Compensation Act was enacted in Idaho in 1917 and specific workman's comp information can be found in Title 72 of the Idaho Code. Idaho's Industrial Commission is the state agency responsible for administering workman's compensation in the state of Idaho and their duties include: helping employees return to work, ensuring Idaho employers are complying with all state regulations, providing information to all parties about their rights under Idaho workers' comp law and managing and negotiating workman's compensation appeals if disputes arise after a work injury.
Common Work Injuries Covered Under Idaho Workers Compensation
Workman's compensation is only available for work injuries which occur while the employee is engaged in their normal business functions. Idaho workman's compensation is not provided to employees who suffer a work injury if they were intoxicated, engaged in horseplay, travelling to or from work or not following company policies. Idaho workers who suffer from the following common work injuries may receive Idaho workers' compensation.
- Amputations of arms or legs
- Rotator cuff tear
- Torn Anterior cruciate ligament (ACL)
- Heart attack or strokes on the job
- Torn medial collateral ligment (MCL)
- Carpal Tunnel
- Torn meniscus
- Diseases caused by inhalation of chemicals or other toxins
- Neck injuries
- Bulging disc
- Abrasions and burns
- Knee replacement
- Hearing loss
- Reflex sympathetic dystrophy
Hiring an Idaho Workman's Comp Lawyer
Idaho workman's compensation lawyers can guide their clients thorough the Idaho workers' compensation process to ensure they receive all of the workman's compensation benefits they are entitled to receive. Make sure to find an Idaho workman's comp lawyer who specializes in processing cases concentrated in work injuries and has experience with Idaho workman's compensation law.
Whether you have been denied workman's comp benefits, have suffered from a permanent work injury, are unsatisfied with any lump-sum payments or the treatment you are receiving for your work injury, a workman's comp attorney may be able to help.
Idaho Workers' Compensation Benefits
- Medical Benefits - Medical benefits are provided to Idaho employees who suffer a work injury. Medical benefits can include all expenses which are considered "reasonable and necessary" for the employee's medical care. Medical care can include: doctor's bills, hospitalizations, medications, medical supplies and x-rays. Medical benefits are provided with no monetary or time limits. The employer will make the initial physician choice, but under certain conditions, the state agency may intervene and make a change.
- Temporary Total Disability Benefits (TTD) - Temporary total disability benefits are paid on the sixth day following a work injury, unless the worker is hospitalized overnight. The first six days may be compensated if the worker misses more than 14 days of work. Temporary total disability benefits are paid based on a percentage of the worker's average weekly wage (67%), up to a maximum amount determined by the state. TTD benefits are paid bi-weekly, and the amount paid may be annually adjusted by the Department of Labor.
- Temporary Partial Disability (TPD) - Temporary partial disability benefits may be paid to injured employees who are able to return to work either on a part-time basis or in a reduced work capacity. Temporary partial disability benefits (TPD) compensates the injured employee for their wage loss if they are making less money then they were making before the Idaho work injury. TPD benefits are paid at 2/3 the difference between the employee's wage at the time of the work injury and their current wage after their work injury. TPD benefits are not paid if the employee is not employed.
- Permanent Partial Disability Benefits (PPD) - Permanent partial disability benefits may be paid to Idaho workers who have reached their maximum medical improvement but have permanent injuries. PPD assessments are completed by a physician who will give the injured employee an impairment rating based on the amount of functional loss they have suffered from their work injury. Idaho Code 72-428 outlines the schedule for certain work injuries and the rate for compensation is calculated based on the physician's impairment rating. The number of weeks that PPD will be paid is then multiplied by 55% of the State Average Weekly Wage in the year of the work injury. Depending on the severity of the work injury, PPD may be paid for a total of 500 weeks.
- Permanent Total Disability Benefits (PTD) - Permanent total disability benefits may be paid to workers who are unable to work due to their work injury. PTD benefits are paid at 67% of the worker's wage up to a minimum and maximum determined by Idaho state law. Permanent total disability benefits can be paid for the duration of the work injury.
- Vocational Rehabilitation - Vocational rehabilitation may be provided to workers who are unable to return to their regular job duties due to their work injury. Under these conditions, the State Insurance Fund may request the assistance of a rehabilitation consultant. Free rehabilitation services will be provided by the Idaho Industrial Commission to the Idaho employee who is injured on the job. Services provided by the Idaho Industrial Commission can include: helping the employee determine what physical requirements they will need to complete certain jobs, making accommodations for the limitations of their disability, developing alternative work opportunities and helping the employee identify new work opportunities if they are not going to be able to perform their prior job.
- Death Benefits - Death benefits are provided to the surviving dependents of deceased workers. Dependents can include spouses, children and other dependents. Death benefits are paid as a percentage of the deceased worker's wage. Burial expenses up to $6,000 may also be paid. The amount of death benefits paid can vary and are determined by Idaho worker's compensation law.