Hiring a Workers' Compensation Lawyer in Idaho
The limits on workers' comp lawyer fees in Idaho, filing deadlines, how to check a lawyer's license, and free state help for injured workers. We do not recommend or rank lawyers.
What a lawyer costs in Idaho: fee rules
| Rules on contingency fees | Contingent fees are allowed except where Rule 1.5(d) or other law prohibits them. A contingent fee agreement must be in a writing signed by the client and state how the fee is figured, including the percentage(s) the lawyer gets on settlement, trial or appeal, the litigation and other expenses deducted from the recovery, and whether expenses are deducted before or after the fee is calculated. It must clearly tell the client about any expenses the client must pay whether or not the client wins. At the end, the lawyer must give the client a written statement of the outcome and, if there is a recovery, the client's share and how it was figured. Lawyers may not charge domestic relations fees contingent on securing a divorce or on the amount of alimony, support or property settlement, or a contingent fee to represent a criminal defendant. Idaho also requires a lawyer, on reasonable request, to give the client a free accounting of fees and costs claimed or collected. |
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| If you disagree with a lawyer's bill | The Idaho State Bar's Fee Arbitration Program is free to clients and lawyers, and either may petition. It is not mandatory: the other side has 21 days to decide whether to sign the agreement, a mediator first tries to resolve the dispute, and binding arbitration happens only if both agree. Disputes of $2,500 or less go to one attorney arbitrator; larger ones to a panel of two lawyers and one non-lawyer. Decisions are issued within 15 days after the hearing, and the Bar has no appeal process. Source: Idaho State Bar, Fee Arbitration |
| If a lawyer takes your money | The Idaho State Bar Client Assistance Fund, financed by Idaho lawyers' annual fees, can reimburse clients for all or part of losses from an Idaho lawyer's dishonest conduct (theft, embezzlement, conversion, refusing to return unearned advance fees, or borrowing with no intent to repay); malpractice alone does not qualify. The maximum on any one claim is $25,000 under Idaho Supreme Court rule. File a notarized Client Assistance Claim Form with Bar Counsel's Office no later than three years after you knew or should have known of the dishonest conduct. |
Idaho rules to know first
| Lawyer fee limits | In Idaho, workers' comp attorney fees are approved by the Industrial Commission as a charging lien. Presumed reasonable: 25% of available funds when no hearing on the merits has been held; 30% when a hearing has been held and briefs submitted (or waived); and in total permanent disability cases, 15% of disability compensation after ten years from when those payments began. The attorney must file the fee agreement and supporting details, and the Commission may approve fees without a hearing or find them unreasonable. Commission attorney information page: https://iic.idaho.gov/adjudication-division/attorney-information/ |
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| Deadline to file a claim | A claim for compensation must be made within one year after the accident (or within one year after a death). A claim is not required if compensation has been paid voluntarily or a hearing request has been filed. If a claim was made but nothing was paid, the worker has one year from the claim to file an application for hearing with the Commission. If payments were made and then stopped, the worker generally has five years from the accident to request a hearing for more compensation, or one year from the last income benefit payment if payments ended more than four years after the accident. Source: Idaho Code §§ 72-701, 72-706 |
| Deadline to challenge a denial | A decision of the Idaho Industrial Commission becomes final when filed, but within 20 days of filing any party may move for reconsideration or rehearing. Final decisions may be appealed to the Idaho Supreme Court within the time and in the manner set by Supreme Court rule. The number of days to appeal to the Supreme Court is set by court rule (Idaho Appellate Rules), not read. The deadline to file the initial complaint/application for hearing is in workcomp/claim_deadline. Source: Idaho Code §§ 72-718, 72-724 |
| Can you sue your employer? | Generally no: the employer's workers' comp liability is exclusive and replaces all other liability to the worker and family (subject to the third-party liability section). The immunity also covers the employer's surety, officers, agents and co-employees, but not where the injury or death is proximately caused by willful or unprovoked physical aggression, shown by clear and convincing evidence that the aggressor specifically intended to harm the worker or knew injury or death was substantially likely; that loss of immunity applies only to the aggressor unless the employer provoked, authorized or took part in it. Source: Idaho Code § 72-209(1), (3) |
| Suing someone other than your employer | Yes. Comp rights are not affected when someone other than the employer is legally liable. The worker may sue the third party; if comp has been claimed and awarded, the employer and worker sue jointly in the worker's name (or the employer may sue in the worker's name if the worker refuses), and the employer is subrogated to recover to the extent of its comp liability. Unless otherwise agreed, the employer must pay a proportionate share of the worker's costs and attorney fees, and if the recovery exceeds past benefits paid, the employer gets a credit against future benefits (reimbursing the worker's proportionate fees as the credit is used). Source: Idaho Code § 72-223(1)-(5) |
| Filing a claim online | In Idaho, if your employer has not filled out a work injury report, contact the Industrial Commission immediately to report it and request a First Report of Injury form; completely filling out and filing the First Report of Injury with the Commission registers your claim. Disputes go through the Commission's dispute process (an attorney may be needed). Industrial Commission: (208) 334-6000; toll-free (800) 950-2110. The Commission will not ask for money upfront. |
Find and check a lawyer
| Lawyer referral service | The Idaho State Bar Lawyer Referral Service (LRS) is a public service of the Bar. Participating attorneys must be in good standing, have no pending public disciplinary complaints and carry professional liability insurance. "The fee for a referral is $35" (personal injury, medical malpractice and workers' compensation referrals are free), and "LRS attorneys have agreed to provide their clients with an initial up to a half-hour consultation at no fee"; later fees are negotiated with the lawyer. Start an online referral at idaho.community.lawyer or call 208-334-4500. |
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| Check that the lawyer is licensed | The Idaho State Bar's Attorney Roster Search lets you look up Idaho lawyers by last name (full or partial). If you cannot find an attorney, contact the Bar's Licensing Department at (208) 334-4500. The Bar also publishes definitions of license status categories. |
| Check discipline history or file a complaint | Grievances about Idaho lawyers go to the Idaho State Bar's Office of Bar Counsel. Complete the Grievance Form Packet with a signed, detailed written explanation and copies (not originals) of supporting documents, and mail it to Idaho State Bar, Office of Bar Counsel, PO Box 895, Boise, ID 83701. Bar Counsel reviews it for possible rule violations; outcomes range from dismissal (explained by letter) to private discipline or formal charges, typically in about three to four months, and you may ask for review by a three-member panel. The Bar handles ethics violations, not malpractice. Only public sanctions are posted on the Bar's Public Discipline and Other Notices page. Phone: 208-334-4500. Public discipline: https://isb.idaho.gov/bar-counsel/public-discipline/ |
Free legal help
| Free legal aid | Idaho Legal Aid Services, the state's LSC-funded legal aid organization, provides free civil legal help to eligible low-income Idahoans; statewide phone 208-746-7541 (idaholegalaid.org). The Idaho Volunteer Lawyers Program (Idaho State Bar) also offers legal assistance, and the Idaho Courts Self-Help Center provides free legal information and court forms. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees; IVLP: https://isb.idaho.gov/ilf/ivlp/legal-assistance/ |
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All legal help in Idaho · Background guide
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.