Hurt at work, but not sure if your employer has workers comp coverage?

There’s good news. In Idaho, most employers are required to carry workers compensation insurance before they even begin hiring.

Which Idaho employers must have workers compensation insurance?

All employers with at least one employee must maintain workers compensation insurance unless exempt. “Employee” can mean anyone who works:

• Full time
• Part time
• Seasonally
• Occasionally

Additionally, employers are required to have workers comp coverage before they hire any employees.

Do independent contractors get workers comp?

In Idaho, independent contractors are evaluated on a case-by-case basis. However, most independent contractors are not covered by workers compensation insurance.

If you’re not sure whether you’re a contract worker or an employee, contact a workers comp lawyer to find out whether you have a case.

Idaho workers comp coverage exemptions

There are exemptions for certain Idaho businesses, including those who employ:

• Workers already covered by federal workers comp law
• Household domestic workers
• Commission-based salespeople or real estate brokers
• Outworker employees
• Agricultural dusting or spraying pilots (in certain conditions)
• Casual employees with irregular hours that aren’t related to the employer’s business
• Volunteer ski patrollers
• Secondary school athletic contest officials
• Sole proprietorships and partners in a partnership or LLC

Employers can also get an exemption if they’re a sole proprietorship and:

• Have no other employees
• Or, only employee family members living in the same household

Even with an exemption, injured employees may still be able to sue a business for job-related injuries or illnesses.

What are the penalties for not having workers comp insurance?

If you’re injured on the job and your employer doesn’t have workers compensation insurance, they could be personally liable for your benefits. That includes medical bills and lost wages.

Uninsured employers may also be penalized 10% of your total benefits, and pay your attorney fees. The employer may face a daily penalty of either $2 per day per employee or $25 per day—whichever is higher.

Furthermore, the Idaho Industrial Commission is authorized to file a lawsuit to halt the employer’s business operations as long as they are in violation of workers compensation laws.

There are significant penalties for failing to carry workers compensation insurance.

Last, running a business in Idaho without workers comp coverage is a misdemeanor. Owners may be subject to criminal penalties.

Can I still receive compensation for my injuries if my employer doesn’t have insurance?

Yes. Because workers compensation insurance is required in Idaho, your employer will be personally responsible for your compensation.

Have you been hurt at work in Idaho? Does your employer claim they can’t pay you because they don’t have coverage? If so, contact us immediately.

Davis & Sanchez has experience helping workers just like you win fair compensation across Idaho.