Filing a Workers' Comp Claim 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.

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.

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.

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.

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.