Idaho requires all businesses to have workers comp for employees, with only a few exceptions.

Workers compensation insurance generally pays a portion of an employee's salary and medical bills for a worker who's hurt while doing a job-related task. Broken bones, breathing problems and carpal tunnel are injury types that are typically covered by workers comp.

Idaho workers compensation law details who can be exempt from coverage, who must be covered and the limits of workers comp payments. Below are many of the specifics contained in the workers comp law in Idaho. The Idaho Industrial Commission also has a page with helpful information for employers.

Idaho workers compensation laws


Can any employees opt out of Idaho workers compensation with a waiver?

No. An employee's family (first degree of blood relation; related by birth, not marriage), not dwelling in his household, can file an exemption from coverage. Unless the employee is exempted from coverage by law, there is no option to waive coverage.

Sole proprietors may elect to be covered.


Is self-insurance for workers comp allowed in Idaho?

Yes, for individual employers and political subdivisions. Political subdivisions in Idaho are typically the state or a city, county, special district, school district or public agency.

By self-insuring, a business assumes responsibility for paying their own workers comp claims. A self-insured company typically hires a claims service company to handle claims administration and other services.


Are there exclusions for:

Small employers? No.

Agricultural employers? No.

Domestic employers? Yes.

Independent contractors? Yes, unless coverage is elected.

Casual employees? Yes, unless coverage is elected.

Volunteers? Yes, volunteer ski patrol.

Professional athletes? No, officials of athletic contests involving secondary schools.

Idaho workers comp medical benefits


Is there a Idaho workers comp fee schedule?

Yes.

Fee schedules define payments for surgery, radiology, hospital services, chiropractic care, ambulance service, prescription drugs and other medical services for an injured worker.


Are there limits on medical treatment?

No.


Who makes the initial choice of treating physician?

The employer may direct initial care, but if they do not, employee may seek reasonable care on his or her own at the employer's expense.

Disability payments for workers compensation insurance in Idaho

Workers comp typically pays an employee part of their income if they cannot work because of a work-related injury. Based on both temporary and permanent disability, state laws define limits on the length and amount of disability payments.

How are temporary total disability (TTD) payments calculated?

67% of the employee's pre-injury weekly wage, subject to a minimum and maximum.

Weekly minimum: $108.15

Weekly maximum: $615.60

Maximum length of TDD benefits: No maximum length.

How are permanent total disability (PTD) payments calculated?

55% of the statewide average weekly wage, subject to a minimum and maximum.

Weekly minimum: $102.60

Weekly maximum: $648.90

Are there cost of living increases for PTD payments? Yes, weekly rate my change on January 1st, and after the first 52 weeks of TTD; then each year thereafter on January 1st, based on the increase in the average weekly wage.

Maximum length of PTD benefits: No maximum length.

How are permanent partial disability (PPD) payments calculated?

55% of the statewide average weekly wage, subject to a minimum and maximum.

Weekly minimum: 396.55

Weekly maximum: 55% of the statewide average weekly wage for the year of the injury (if the injury occured in 2016 and PPD is a factor, it would be paid at $396.55 per week).

Fatality benefits under Idaho workers compensation law

Maximum burial benefit: $6,000

Dependency benefits, weekly minimum: 5% per child with dependent widow or $36.05

Dependency benefits, weekly maximum: 60% of current average state wage or $432.60 weekly.

When do children's dependency benefits end? At age 18; age 23 if enrolled in an accredited learning institution; benefits can continue if child is disabled if the child has not received 500 weeks prior to age 18.

Other injuries covered by Idaho workers compensation

Mental stress with no physical injury? No.

Cumulative trauma (such as injuries caused by repeated exposure or repetitive motion)? Yes.

Occupational hearing loss? Yes.

Disfigurement? Yes, if it affects work and an impairment rating is given.

Source: Workers Compensation Research Institute, May 2016 report