By Fred J. Lewis
All most all of Idaho workers’ compensation cases and disputes regarding benefits are handled by the Idaho Industrial Commission. However, in the rare circumstances where your employer intends to harm you and actually does physically harm you, this creates a basis for a civil action against your employer.
By Fred J. Lewis
Most of the time the answer is yes. If there is a position or duty that can be reasonably done within the restrictions set by your physician, then you will need to go back to work and try the light duty job. However, if you are asked to perform work outside your restrictions on the alleged “light duty” job you need to go back to your doctor and have him or her pull you off work completely until you can recover. If your pay is less then your normal wage, under Idaho Worker’s compensation law you may be entitled to benefits which compensate your wages lost while working for a lower pay on the light duty job
By Fred J. Lewis
In many Idaho workers’ compensation cases the injured party doesn’t fully recover. They often have permanent injuries which corresponded to an impairment rating. These ratings are given by a physician. Insurance companies pay these benefits monthly until paid in full, but in some instances can be paid in a lump sum. These benefits are calculated by calculating 55% of the average state weekly wage for the year in which you are injured times the percent of your impairment times 500 weeks. Let’s say for example you are awarded a 10% whole person impairment rating for a 2014 injury. For this impairment rating you should receive 55% of the average weekly wage for 2014 or $376.20 per week for 50 weeks.(10% times 500 weeks) This would calculate to a total of $18,810.00.
You are not responsible for any medical bills that are covered by workers’ compensation insurance company on an accepted claim; this includes 100% of medical bills – no co-payment and no deductibles. Approved Medical treatment should be billed to the workers’ compensation insurance company or the employer if self-insured. The only time that you will be responsible for the payment of medical bills is if the medical treatment is if it was not approved or if your claim has been denied. If your claim was denied and you don’t understand why, contact me or another experienced Idaho workers’ compensation lawyer and we will talk about your case.
By Fred J. Lewis
If you are involved in a work related accident, the first thing that you should do is report the injury or disease immediately to your employer. Do not wait! You might not get better and late reported claims are often denied! Memories fade quickly. Protect yourself and report your claim promptly. Time is of the essence in workers compensation cases. Failure to report your injury to your employ within 60 days could disqualify you for benefits. You only have 60 days.
Be specific with your employer, report how the injury happened, where it happened, and when it happened. Your employer should fill out a “First Report of Injury or Illness” form, and then file it with the Idaho Industrial Commission. If for some reasons your employer refuses to file this, go ahead and file the form yourself. To obtain on of these forms go to the Idaho Industrial Commission website and print one off there or call the Industrial Commission to get one. There is a link to this form under their “Reporting Injuries” section. If it seems too hard or confusing: contact an experienced Idaho worker’s compensation attorney. I will help you fill out the accident report and get it filled out and filed.
In the circumstances that you are injured in a work related accident and your employer doesn’t have workers’ compensation but should, there are steps that you can take. Contact the Idaho Industrial Commission; they can confirm whether or not your employer has coverage or is required to have coverage. Obtain a “First Report of Injury or Illness” form and fill it out as completely as you can. Return this to the Idaho Industrial Commission’s main office in Boise. The Industrial Commission will take it from there in notifying for employer of their responsibility to pay your workers’ compensation benefits, along with acquiring the required insurance. If you are struggling get help. Contact me I specialize in Idaho Workers’ Compensation Law. I am on your side and will help in any way that I can to make sure you receive fair compensation.
Idaho workman’s compensation laws protect both the employer and employee. If you are on injured on the job you are protected, regardless of whose fault it is. Whether the fault is credited to the you, a coworker, a employer, or a third party, you are entitled to workers’ compensation benefits. Don’t let the reason of: the accident being your fault keep you from getting fair compensation for your Idaho workers’ compensation claim. Protect your family and protect yourself. Even if your accident was your fault make sure you report your claim promptly and consult an experienced Idaho workers’ compensation lawyer early!
I would like to take this time and talk a little bit about that this upcoming winter season. Here in Idaho you never know what kind of weather you are going to get. It could be nice and sunny one day and the next day a blizzard. Please be cautious. Idaho Workers’ compensation cases have been on the rise due to slips and falls on the ice. Be careful when you are out to working in the elements. I hope you all will have a safe winter work season.
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The thought of expensive attorney fees on top of all your other responsibilities can be discouraging. Let me put some light on this issue. I don’t get paid unless you get paid! In other types of law attorneys require hourly rates or that a retainer be paid before any work will be done, this is not the case in an Idaho workers’ compensation case. We don’t get paid unless you do. From your settlement a percentage is taken to pay for the attorney fees, usually that fee does not exceed 25%. If your case goes to hearing attorney’s fees usually don’t exceed 30%. Don’t let not having money be a deterrent. Don’t be afraid to get help. It could end up costing you in the end by not getting fair compensation.
I recently interviewed a potential client that caused big problems to his own case because he did not get help from an experienced Idaho workers’ compensation lawyer. I now must spend additional time trying to undo a problem that could have easily avoided. Don’t let this happen to you. Bring an experienced Idaho workers’ compensation lawyer into your case early! It is so much easier to prevent problems from happening. I am free until I help you secure contested benefits. I do not take a fee out of Idaho workers’ compensation benefits you would have received without my help. Moreover, The Idaho Industrial Commission has to approve all the attorney fees I take out of your benefits. I will be careful to only take out fees from your Idaho workers’ compensation benefits when I have earned them.
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Idaho Workers compensation law can be foreign to many people. Where to go and what direction to take can be stressful and confusing. Get help! If you had a sore tooth: you would go to a dentist. If you weren’t feeling well: you would go to a doctor. If you have are involved in a potential workers compensation go see an experienced Idaho workers’ compensation attorney. You wouldn’t try to treat yourself if you had a serious medical condition, so why would you take on a complex Idaho workers’ compensation case by yourself? I, along with most attorneys, offer free initial consultations. I will answer any question you have. I will explain the process to you and break down what makes a successful workers comp case. This will be a chance for you to meet me and see if you do want to retain me as your attorney. Don’t try to tackle something you aren’t trained in by yourself: get help.
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Idaho Law Blog