Workers' comp deadlines in Idaho: tell your employer and file

Tell your employer in Idaho

Time limit

60 days

Counted from

The date of the accident (for an occupational disease, its first manifestation)

In writing?

Yes, in writing

If you are late

You could lose all benefits if you wait longer than 60 days. Late or missing notice does not bar the claim if your employer, its agent or representative knew about the injury, or if the employer was not harmed by the delay.

Source: prejudiced

Illness that develops over time

Written notice of an occupational disease must be given to the employer within 60 days after it first shows itself (or to the Industrial Commission within 90 days if the employer cannot reasonably be located).

Report your job-related injury or disease to your employer immediately. The law requires notice as soon as practicable but no later than 60 days after the accident. The notice must be in writing, signed, with your name and address and, in ordinary language, the time, place, nature and cause of the injury. Tell your employer when, where and how the injury happened and help fill out the First Report of Injury or Illness.

Law: Idaho Code §§ 72-701, 72-702, 72-704, 72-448

Source: iic.idaho.gov

File your claim in Idaho

Time limit

1 year

Counted from

The date of the accident (occupational disease: its first manifestation; death: the date of death)

What to file

A written claim for compensation (the First Report of Injury or Illness, Form IC-1, can serve as notice and claim); to have the Commission decide a dispute, a Workers' Compensation Complaint filed with the Industrial Commission in Boise, with a copy to the employer or insurer

Law: Form IC 1001

Claim form

First Report of Injury or Illness (employer files it; you file it yourself if your employer will not)

Who files it

You tell your employer about the injury and help fill out the First Report of Injury or Illness. Your employer should file it with the Industrial Commission. If your employer will not, ask the Commission for the form, fill it out, and file it yourself; filing it with the Commission registers your claim.

What your employer must do

Your employer must send a written First Report of Injury to the Industrial Commission as soon as practicable, and no later than 10 days after an injury or occupational disease that needs a doctor's treatment or causes you to miss a day or more of work. It must also keep a record of each injury and file follow-up reports if disability lasts more than 60 days and when it ends.

When the insurer decides

The insurance company (claims administrator) must make its first decision to accept or deny the claim within 30 days after it learns of the injury or disease, and must give you notice of that decision. Income benefits must start no later than 4 weeks (28 days) from the date your disability began.

Illness that develops over time

A claim for an occupational disease must be filed with the Industrial Commission within 1 year after the disease first shows itself; for a death from occupational disease, within 1 year after the death.

A claim for compensation must be made within 1 year after the accident. No separate claim is needed if the insurer has already paid compensation voluntarily or if a request for a hearing has been filed. If a claim was made but nothing was paid, you have 1 year from making the claim to file a Complaint asking the Commission for a hearing. If benefits were paid and then stopped, you generally have 5 years from the accident to file a Complaint, or 1 year from the last income benefit payment if that is later than 4 years after the accident.

Law: Idaho Code §§ 72-701, 72-706, 72-448

Source: legislature.idaho.gov

Law: Idaho Code §§ 72-402, 72-601, 72-602, 72-701; IDAPA 17.01.01.305.09

Source: iic.idaho.gov

Waiting period and first payment in Idaho

Waiting period

Income benefits are not paid for the first 5 days of disability. The day of the injury counts as one of the 5 days unless you were paid wages for that day.

Paid back for the waiting days

If the injury keeps you from working for more than 2 weeks, income benefits are paid from the first day of disability, and this back pay must be paid no later than 4 weeks from the date disability began. There is no waiting period if you are admitted to a hospital as an in-patient.

First payment

Income benefits must start no later than 4 weeks (28 days) from the date your disability began. Benefits are paid weekly unless the Commission approves another schedule; insurers may pay temporary total disability every two weeks.

How often you are paid

Weekly, or every two weeks for temporary total disability

Law: Idaho Code § 72-402; IDAPA 17.01.01.305.09

Source: legislature.idaho.gov

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