Construction Site Injuries in Idaho

Idaho's workers' comp law makes the employer's liability exclusive (subject to the third-party rules), so an injured construction worker's claim against the employer goes through workers' comp. A worker may sue a negligent third party, but a 'third party' does not include an employer above a contractor or subcontractor that complied with the insurance requirement, or the owner or operator of the premises who is not the direct employer because of an independent contractor arrangement. An employer is liable for comp to an uninsured contractor's or subcontractor's employee where it would have been liable if the worker had worked directly for it, with a right to recover from the contractor.

Modified comparative negligence (50% bar). An injured person can recover only if his or her negligence or responsibility was not as great as that of the person being sued; damages are reduced by the injured person's share.

A lawsuit for injury to a person must be filed within two years. The claim generally accrues at the time of the act or occurrence, and the period is not extended because of continuing consequences.