Idaho Workers’ Compensation Lawyer

Idaho’s Top Workers Compensation Law Firm

Suffering an injury on the job can alter your life. Idaho has a mandatory workers’ compensation insurance program. It provides payments for injuries that happen in the workplace. There are some stipulations. Generally, employees who suffer an injury or occupational disease can request benefits from these programs. Sometimes the process is simple, and you are approved. Other times the insurance company refuses. To help your chances of qualifying for workers comp benefits, speak to an Idaho workers’ compensation lawyer from Andrew Injury Law.

Covered Employees in Idaho Workers’ Comp

All companies in Idaho must provide workers’ comp insurance for their employees. This includes private or public employers. Businesses that have one or more full or part-time employees must adhere to these regulations. The only time these benefits are not required is if the employee falls under the Idaho exemption code.

Under Idaho law, the following employees are exempt from workers’ compensation coverage:

• Household domestic workers
• Casual employees
• Employees who qualify under Federal Workers’ Compensation Laws
• Family members living in a sole proprietor’s household
• Agricultural spraying or dusting plane pilots
• Family of sole perpetrators who does not live in the household
• Outworker employment
• Sole proprietors
• Real estate brokers
• Athletic contests officials for grades 7-12
• Real estate salespersons
• Volunteer ski patrollers

There are many exemptions to workers’ compensation. Falling under the exemption does not mean you have no options. You can pursue other avenues of compensation for your work-related injury. Discuss your options with our Idaho workers’ compensation lawyer.

Benefits of Idaho Workers’ Compensation

For workers who are eligible for workers’ compensation in Idaho, there are several benefits. You can receive payment for medical bills, lost wages, and disability. Workers comp will pay for all necessary and reasonable medical care you receive. Medical treatment encompasses a range of expenses and makes up the bulk of your claim. Emergency care should be received at the closest hospital. If your injury or illness does not require emergency attention, there are special rules to follow. Your employer can elect a preferred physician for your treatment.

Lost wages will cover any time away from work. This is easily proven since your employer will have your time cards and schedule readily available. They can provide the worker’s comp insurer with lost income documentation and medical expenses. Disability payments are where many claims become complex.

Temporary Total Disability

If you cannot work for more than five days or are hospitalized as an in-patient, you can request temporary total disability. You will seek lost wages for the time out of work. Your weekly amount will typically be 67% of your average weekly pay. However, the payment will come about 28 days after the injury or illness date.

Temporary Partial Disability

If you can return to work but are restricted in any way that results in lower income, you can recover temporary partial disability. The amount you can recover is two-thirds of your earnings. It can last during your recovery until you can work in the same capacity as before the injury or illness.

Permanent Impairment

If your workplace injury or occupational disease leaves you permanently disabled, you will need substantially more benefits. These payments are made monthly or as a lump sum. The amount and length of your payments will depend on the severity of your permanent disability. Your doctor will assign an impairment rating and percentage of disability. This will help calculate your losses.

You might qualify for vocational training if your injury allows you to work in a different industry. You must wait to reach maximum medical improvement before accepting any settlements. Remember, lump sum payments must be approved by the Industrial Commission.

How to File an Idaho Workers’ Compensation Claim

Many people fear retaliation for reporting a workplace injury. However, you are within your right to report and pursue a workers comp claim. If you suffer a job-related illness or injury, you must report it to your supervisor immediately. By law, you must report an injury within 60 days. If you fail to report it within this timeframe, you can lose your right to workers comp benefits. After you report your injury, your employer will provide you with paperwork to begin the claims process.

It sounds straightforward, but the employer is very hands-off. They will not help you even though you think they should. It is best to work with our Idaho worker’s compensation lawyer. We will help you file a claim and get the proper medical treatment and reimbursement for your loss.

Appealing a Workers’ Comp Denial in Idaho

Your employer’s workers comp insurer has the final say in whether you get benefits or not. They can reject or accept your claim and authorize your medical treatment. As an insurer, it is in their best inserts to save money. If you get a denial, you can file an appeal with the help of our Idaho workers’ compensation lawyer. The first step is to file a complaint with the IIC detailing why you believe the insurance carrier has made a mistake. That is the beginning of the legal process.

Mediation for Idaho Workers’ Comp Claims

Sometimes, you can resolve the claim dispute during mediation. This process is less formal than an appeal hearing. It can also lead to a quicker resolution. There will be a third party acting as the mediator. They will facilitate discussions that can help each party reach an agreement. You and the insurer must agree to the benefits and decision for a successful solution. If you do, that ends mediation, and your case is over.

Speak to an Idaho Workers’ Compensation Lawyer

The worker’s compensation process in Idaho should be simple, but it rarely is. Employees are vulnerable. Many trust their employer to do the right thing or fear retaliation for requesting benefits. It is your right to seek workers’ comp benefits if you suffer an injury or illness at work. You can resolve disputes in many ways, including appeals, mediation, hearings, and civil trials. Work with our Idaho worker’s compensation lawyer to find the best solution. Contact Andrew Injury Law for a case review today.