Suing Over 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.

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).

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.