Idaho’s Exclusive Remedy Rule
In Idaho, the workers’ compensation system is generally considered a worker’s only legal remedy. Under Idaho Code § 72-211, in exchange for guaranteed medical benefits and wage replacement, you agree not to sue your employer for negligence. However, this sort of agreement only works in your favor if the insurance company actually pays what they owe.
An experienced worker’s compensation attorney in Idaho Falls knows how to identify the exceptions for situations where your injury was caused by unprovoked physical aggression or where a third party such as a manufacturer of a defective product was responsible pursuant to Idaho Code § 72-223.
Navigating the 60-Day Notice Requirement
If you miss a single deadline, you can easily lose your benefits. In accordance with Idaho Code § 72-701, you must provide your employer with written notice of your injury no later than 60 days after the accident. Insurance companies use this law to argue that you failed to properly report your injury, but our worker’s compensation attorneys at our Idaho Falls office can shield you from these tactics.
How Are Benefits Calculated?
Your worker’s compensation benefits are calculated based on your income, but how that income is calculated can be a major point of dispute. Under Idaho Code § 72-419, your average weekly pay determines how much you receive in disability checks. This excludes considerations like overtime, bonuses, or seasonal fluctuations which can have a major limiting impact on your recovery.
Our skilled lawyers familiar with jobsite injury claims can advocate for your financial interests by auditing all relevant calculations to ensure you are receiving the maximum amount allowed under the law. Whether you are seeking total temporary disability or permanent partial disability, experienced legal counsel can make the benefits reflect your true needs.
