In some cases a third party may be found accountable for the accident that caused your work related injury. A separate claim may be made and legal action can be taken against that third party, though your employer cannot be the third party. If your receive damages against a third…
Articles Posted in Workers Compensation
What should I do if the workers’ compensation insurance company’s doctor disagrees with my physician?
There are a few things that you can do if your doctor and the insurance’s doctor disagree and you feel the insurance company is unreasonable, you can file a formal complaint with the Idaho Industrial Commission. It would be wise to seek the guidance of an experienced Idaho workers’…
Do I have to cover transportations costs for medical appointments, that an insurance company scheduled for me?
Often in workers’ compensation cases insurance companies require you to be present at certain medical appointments they schedule. These could be an independent medical evaluation or a function capacity evaluation. You are not responsible for the travel costs for these visits. The workers’ compensation insurance company is responsible to pay…
What happens if my claim is denied?
There are times where the insurance company will deny your Idaho workers’ compensation claim. To dispute this, you will need to file a complaint with the Idaho Industrial Commission. The time periods are short you cannot delay. This will start the formal legal process to bring the issue to…
Am I required to have legal representation to file a complaint?
No there is no requirement to have legal representation to file an Idaho workers’ compensation complaint. These cases can get complicated and often confusing. Hiring an experienced Idaho workers’ compensation attorney is a good idea, so that you may receive proper compensation. Contact me at 208-232-6101 or toll free…
What is the statute of limitation on income benefits in Idaho?
Even after meeting all the filling and notice requirements income benefits are still subject to a statute of limitations. Idaho Code 72-706, states if income benefits have been paid and discontinued more than four years from the date of the injury, you will have one year from the date the…
What happens if a settlement isn’t reached during mediation?
By Fred J. Lewis In some cases the mediation process results in a solution to the dispute, but there are times where this is not the case. If mediation is unsuccessful and an agreement is not reached, you then have to spend money on expert witness to testify…
If I am injured can choose my own doctor for my Idaho workers’ compensation claim?
Yes you can choose your own doctor, if your employer has not designated a treating physician already. In an emergency seek the most available medical treatment, regardless if that physician is the one designated by your employer.
How does mediation work?
When both parties agree to mediate the case, a mediation session will take place. This session will be conducted by a mediator, who will provide information to all parties but will not give advice. Prior to the mediation the claimant usually submits a demand to the defendants. At the mediation…
How much will mediation cost?
The mediation session will not cost either participant. The Industrial Commission does not charge for a mediation sessions, and the Commission pays the mediator’s expenses. Dennis Burks has been the mediator for the Commission for over a decade. He has mediated over 10,000 Idaho Workers’ Compensation cases.