Hurt at work, but not sure if your employer has workers comp coverage?
There’s good news. In Idaho, most employers are required to carry workers compensation insurance before they even begin hiring.
All employers with at least one employee must maintain workers compensation insurance unless exempt. “Employee” can mean anyone who works:
Additionally, employers are required to have workers comp coverage before they hire any employees.
In Idaho, independent contractors are evaluated on a case-by-case basis. However, most independent contractors are not covered by workers compensation insurance.
If you’re not sure whether you’re a contract worker or an employee, contact a workers comp lawyer to find out whether you have a case.
There are exemptions for certain Idaho businesses, including those who employ:
Employers can also get an exemption if they’re a sole proprietorship and:
Even with an exemption, injured employees may still be able to sue a business for job-related injuries or illnesses.
If you’re injured on the job and your employer doesn’t have workers compensation insurance, they could be personally liable for your benefits. That includes medical bills and lost wages.
Uninsured employers may also be penalized 10% of your total benefits, and pay your attorney fees. The employer may face a daily penalty of either $2 per day per employee or $25 per day—whichever is higher.
Furthermore, the Idaho Industrial Commission is authorized to file a lawsuit to halt the employer’s business operations as long as they are in violation of workers compensation laws.
There are significant penalties for failing to carry workers compensation insurance.
Last, running a business in Idaho without workers comp coverage is a misdemeanor. Owners may be subject to criminal penalties.
Yes. Because workers compensation insurance is required in Idaho, your employer will be personally responsible for your compensation.
Have you been hurt at work in Idaho? Does your employer claim they can’t pay you because they don’t have coverage? If so, contact us immediately.
Davis & Sanchez has experience helping workers just like you win fair compensation across Idaho.
*The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.
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