Idaho Law Blog
By Fred J. Lewis
In 1917, the workers of the state of Idaho got some good news. The Idaho legislature passed the Idaho worker’s Compensation Act. Next year will be the 100th anniversary of the Idaho Worker’s Compensation Act. The grand bargain that was struck between employers and laborers centered on the requirement to prove fault on the part of the employer in order to recover. In exchange for sure and certain relief, the injured workers of Idaho traded their ability to bring negligence actions against their employer and the Idaho Worker’s Compensation claim became their sole remedy.
The Idaho Worker’s Compensation Act is a no fault exclusive remedy by an injured worker against their employer. The Act was never intended to make an injured worker whole. However, it at least provides a subsistence amount of benefits that lessens the sting of devastating injuries that happen at work. Specifically, it provides the following:
1. Medical benefits in the form of 100% payment of all doctor, hospital, and other medically related bills
2. Total temporary disability benefits or time loss benefits every two weeks while you recover
3. Permanent partial impairment rating benefits: the medical loss and damage to the affected body part as calculated by the American Medical Association
4. Disability benefits which are based in large part on the amount of wage loss that an injured worker suffers, and the loss of labor market access caused by the injury. These disability benefits are also affected by such factors as age, gender, and education
5. Retraining benefits
The Idaho Worker’s Compensation Act or laws are 100% created by the Idaho legislature and from time to time over the last 99 years, the Idaho legislature has amended and changed the Idaho Worker’s Compensation Act or laws to keep up with the times. This is not a do it yourself area of the law. You need an experienced Idaho Worker’s Compensation attorney to help guide you through the many different ways that you can sabotage or do harm to your Idaho Worker’s Compensation claim. Don’t be that person that thinks they can do it by themselves. Call me at 208-232-6101 and I will tell you if you have a case. There is no obligation or cost.