Workers' Comp Settlements 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.

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).

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.