Idaho Workers' Compensation: Deadlines, Benefits and How to File
Idaho workers' comp rules: who must carry it, deadlines to report and file, weekly benefit rate and maximum, choosing a doctor, appeals and retaliation.
Quick answers for Idaho
- Deadline to report the injury
- Notice of the accident must be given to the employer as soon as practicable, and no later than 60 days after the accident. The Industrial Commission advises reporting immediately; Idaho Code § 72-701; Idaho Industrial Commission, Facts for Injured Workers
- 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. Idaho Code §§ 72-701, 72-706
- Weekly benefit rate
- Total disability benefits during recovery are 67% of the worker's average weekly wage for up to 52 weeks, and after that 67% of the current average weekly state wage. Idaho Code §§ 72-408, 72-409
- Maximum weekly benefit
- For 2026, the average weekly state wage is $1,135.00, and the maximum weekly total disability benefit (90% of that wage) is $1,021.50. Idaho Code § 72-409; Idaho Industrial Commission, Idaho Workers' Compensation Benefits Table (2026)
Last verified: 2026-10-27
Coverage and deadlines
| Which employers must carry it | The law applies to all public employment and all private employment (including farm labor contracting) that is not specifically exempt, and every covered employer must carry workers' compensation insurance or be approved to self-insure. Exempt unless coverage is chosen: household domestic service, casual employment, outworkers, certain family members of sole proprietors, sole proprietors, working partners and LLC members, corporate officers owning at least 10% of the voting stock (who are also directors), and work covered by federal law. |
|---|---|
| Deadline to report the injury | Notice of the accident must be given to the employer as soon as practicable, and no later than 60 days after the accident. The Industrial Commission advises reporting immediately; you could lose all benefits if you wait longer than 60 days. |
| 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 |
| Waiting period | No income benefits are paid for the first five days of disability. If the disability lasts more than two weeks, benefits are paid from the date of disability (and must be paid within four weeks of it). The waiting period does not apply if the worker is hospitalized as an inpatient. The day of injury counts toward the waiting period unless the worker was paid wages for that day. Source: Idaho Code § 72-402 |
Benefits
| Weekly benefit rate | Total disability benefits during recovery are 67% of the worker's average weekly wage for up to 52 weeks, and after that 67% of the current average weekly state wage. Partial disability during recovery pays 67% of the decrease in wage-earning capacity. Benefits are subject to a maximum of 90% of the average weekly state wage and to minimums set in the statute. Source: Idaho Code §§ 72-408, 72-409 |
|---|---|
| Maximum weekly benefit | For 2026, the average weekly state wage is $1,135.00, and the maximum weekly total disability benefit (90% of that wage) is $1,021.50. During the first 52 weeks, the benefit also cannot exceed 90% of the worker's own average weekly wage. The minimum generally ranges from 15% of the state wage during the first 52 weeks to 45% of the state wage afterward. |
| How long benefits last | Income benefits for total and partial disability are paid during the period of recovery, and continue after that in cases of total and permanent disability. The statute does not set a maximum number of weeks; the 52-week mark only changes how the weekly rate is figured (for the first 52 weeks of total disability the rate is based on the worker's own average weekly wage, and after that on the average weekly state wage, subject to the limits in § 72-409). Source: Idaho Code §§ 72-408, 72-409 |
| Permanent disability | A worker with a permanent disability that is less than total receives, in addition to benefits during recovery, permanent impairment benefits equal to 55% of the average weekly state wage stated against the impairment in the statute's schedule (for example, amputations of arms, hands, fingers, legs, feet and toes). Total and permanent disability is paid as an ongoing income benefit under the total disability rules. Source: Idaho Code §§ 72-408, 72-428 |
| Death benefits | If the accident causes death within four years, the employer pays up to $10,000 for funeral, burial or cremation, and transportation expenses. Dependents receive weekly benefits based on the average weekly state wage: a dependent spouse with no children receives 45%, plus 5% for each dependent child up to three; if there is no spouse, children receive 30% for one child and 10% for each additional child up to three (maximum 60%). Dependent parents and certain other relatives may also qualify. Benefits are adjusted annually. |
Doctors, filing, settlements and appeals
| Choosing a doctor | The employer must provide reasonable medical care. An employer may have a designated physician for all work injuries (except emergency care), so ask your employer before seeking treatment. If the employer has designated a physician, you need the employer's approval or the Industrial Commission's approval before seeing a different physician. On reasonable grounds, you may petition the Commission for a change of physician after giving the employer or insurer written notice of your request. If the employer fails to provide care, you may obtain it at the employer's expense. |
|---|---|
| How to file | Tell your employer immediately and help complete the First Report of Injury or Illness, which the employer files with its insurer. If the employer or insurer cannot resolve your questions, call an Industrial Commission Benefit Analyst (208-334-6000 or 1-800-950-2110). To begin the formal process for a disputed claim, file a Complaint form with the Industrial Commission. |
| Settlements | Yes. The parties may compromise and settle claims through agreements for lump-sum payments, future payments, or other benefits. Industrial Commission approval is generally not required for an enforceable settlement, but the Commission must review the agreement, and approves it if it is in the parties' best interests, when a party is unrepresented, a minor or legally incompetent. A settlement takes effect on the date it is filed with the Commission and must include a detailed ledger of benefits paid or disputed and all agreed terms. Within seven days of filing, the Commission issues a notice dismissing the claim with prejudice, except for any future benefits (such as medical care) the parties agreed to leave open. Source: Idaho Code § 72-404 |
| Appealing a denial | Disputes can be settled through the Commission's voluntary mediation program or through a formal hearing, started by filing a Complaint and then a Request for Calendaring. Hearings are held before a Commission referee or the Commissioners, who issue a written decision. Within 20 days after a decision is filed, any party may ask the Commission to reconsider or rehear it. Final decisions may be appealed to the Idaho Supreme Court within the time set by Supreme Court rule. |
| 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 |
| Filing or checking 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. |
| Lawyer fees in comp cases | 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/ |
Lawsuits and uninsured employers
| Suing 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) |
| If your employer has no workers' comp | If an employer fails to secure workers' comp as required, the injured worker (or dependents) may claim compensation and must be awarded an extra 10% of the total compensation, plus costs and reasonable attorney fees if a lawyer was hired. Failing to secure coverage is a misdemeanor, corporate or LLC officers or managers with authority to buy coverage are personally liable for comp that accrues during the lapse, and the employer may also face a per-employee daily penalty. An upstream employer can be liable for comp to an uninsured contractor's employees. |
Where to get help in Idaho
Workers' Compensation FAQ
Which employers must have workers' comp in Idaho?
The law applies to all public employment and all private employment (including farm labor contracting) that is not specifically exempt, and every covered employer must carry workers' compensation insurance or be approved to self-insure. Exempt unless coverage is chosen: household domestic service, casual employment, outworkers, certain family members of sole proprietors, sole proprietors, working partners and LLC members, corporate officers owning at least 10% of the voting stock (who are also directors), and work covered by federal law.
How long do you have to report a work injury in Idaho?
Notice of the accident must be given to the employer as soon as practicable, and no later than 60 days after the accident. The Industrial Commission advises reporting immediately; you could lose all benefits if you wait longer than 60 days.
What is the deadline to file a workers' comp claim in Idaho?
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.
Is there a waiting period for workers' comp in Idaho?
No income benefits are paid for the first five days of disability. If the disability lasts more than two weeks, benefits are paid from the date of disability (and must be paid within four weeks of it). The waiting period does not apply if the worker is hospitalized as an inpatient. The day of injury counts toward the waiting period unless the worker was paid wages for that day.
How much does workers' comp pay in Idaho?
Total disability benefits during recovery are 67% of the worker's average weekly wage for up to 52 weeks, and after that 67% of the current average weekly state wage. Partial disability during recovery pays 67% of the decrease in wage-earning capacity. Benefits are subject to a maximum of 90% of the average weekly state wage and to minimums set in the statute.
What is the maximum workers' comp benefit in Idaho?
For 2026, the average weekly state wage is $1,135.00, and the maximum weekly total disability benefit (90% of that wage) is $1,021.50. During the first 52 weeks, the benefit also cannot exceed 90% of the worker's own average weekly wage. The minimum generally ranges from 15% of the state wage during the first 52 weeks to 45% of the state wage afterward.
Can you choose your own doctor for workers' comp in Idaho?
The employer must provide reasonable medical care. An employer may have a designated physician for all work injuries (except emergency care), so ask your employer before seeking treatment. If the employer has designated a physician, you need the employer's approval or the Industrial Commission's approval before seeing a different physician. On reasonable grounds, you may petition the Commission for a change of physician after giving the employer or insurer written notice of your request. If the employer fails to provide care, you may obtain it at the employer's expense.
How does permanent disability work under workers' comp in Idaho?
A worker with a permanent disability that is less than total receives, in addition to benefits during recovery, permanent impairment benefits equal to 55% of the average weekly state wage stated against the impairment in the statute's schedule (for example, amputations of arms, hands, fingers, legs, feet and toes). Total and permanent disability is paid as an ongoing income benefit under the total disability rules.
What workers' comp death benefits are available in Idaho?
If the accident causes death within four years, the employer pays up to $10,000 for funeral, burial or cremation, and transportation expenses. Dependents receive weekly benefits based on the average weekly state wage: a dependent spouse with no children receives 45%, plus 5% for each dependent child up to three; if there is no spouse, children receive 30% for one child and 10% for each additional child up to three (maximum 60%). Dependent parents and certain other relatives may also qualify. Benefits are adjusted annually.
How do you file a workers' comp claim in Idaho?
Tell your employer immediately and help complete the First Report of Injury or Illness, which the employer files with its insurer. If the employer or insurer cannot resolve your questions, call an Industrial Commission Benefit Analyst (208-334-6000 or 1-800-950-2110). To begin the formal process for a disputed claim, file a Complaint form with the Industrial Commission.
How do you appeal a denied workers' comp claim in Idaho?
Disputes can be settled through the Commission's voluntary mediation program or through a formal hearing, started by filing a Complaint and then a Request for Calendaring. Hearings are held before a Commission referee or the Commissioners, who issue a written decision. Within 20 days after a decision is filed, any party may ask the Commission to reconsider or rehear it. Final decisions may be appealed to the Idaho Supreme Court within the time set by Supreme Court rule.
How long can you receive workers' comp in Idaho?
Income benefits for total and partial disability are paid during the period of recovery, and continue after that in cases of total and permanent disability. The statute does not set a maximum number of weeks; the 52-week mark only changes how the weekly rate is figured (for the first 52 weeks of total disability the rate is based on the worker's own average weekly wage, and after that on the average weekly state wage, subject to the limits in § 72-409).
How do workers' comp settlements work in Idaho?
Yes. The parties may compromise and settle claims through agreements for lump-sum payments, future payments, or other benefits. Industrial Commission approval is generally not required for an enforceable settlement, but the Commission must review the agreement, and approves it if it is in the parties' best interests, when a party is unrepresented, a minor or legally incompetent. A settlement takes effect on the date it is filed with the Commission and must include a detailed ledger of benefits paid or disputed and all agreed terms. Within seven days of filing, the Commission issues a notice dismissing the claim with prejudice, except for any future benefits (such as medical care) the parties agreed to leave open.
How do I file or check a workers' comp claim online in Idaho?
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.
How much can a workers' comp lawyer charge in Idaho?
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.
Can you sue your employer for a work injury in Idaho?
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.
Can you sue a third party for a work injury in Idaho?
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).
What if my employer doesn't have workers' comp insurance in Idaho?
If an employer fails to secure workers' comp as required, the injured worker (or dependents) may claim compensation and must be awarded an extra 10% of the total compensation, plus costs and reasonable attorney fees if a lawyer was hired. Failing to secure coverage is a misdemeanor, corporate or LLC officers or managers with authority to buy coverage are personally liable for comp that accrues during the lapse, and the employer may also face a per-employee daily penalty. An upstream employer can be liable for comp to an uninsured contractor's employees.
How long do you have to appeal a denied workers' comp claim in Idaho?
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.
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