Title 72 — WORKER’S COMPENSATION AND RELATED LAWS — INDUSTRIAL COMMISSION

72-201. Declaration of police power. The common law system governing the remedy of workmen against employers for injuries received and occupational diseases contracted in industrial and public work is inconsistent with modern industrial conditions. The welfare of the state depend…

72-202. Interstate commerce. This law shall affect the liability of employers engaged in interstate or foreign commerce or otherwise only so far as the same is permissible under the laws of the United States.

72-203. Employments covered. This law shall apply to all public employment and to all private employment including farm labor contracting not expressly exempt by the provisions of section 72-212, Idaho Code.

72-204. Private employment — Coverage. The following shall constitute employees in private employment and their employers subject to the provisions of this law: (1) A person performing service in the course of the trade, business, profession or occupation of an employer. (2) A pe…

72-205. Public employment generally — Coverage. The following shall constitute employees in public employment and their employers subject to the provisions of this law: (1) Every person in the service of the state or of any political subdivision thereof, under any contract of hir…

72-206. Idaho youth conservation project — Coverage. The benefits secured by section 72-205 of this act to members of the Idaho youth conservation project under the supervision of the Idaho state forester, while on duty, shall be in accordance with the provisions of section 56-60…

72-207. Public employment — Relief work. Whenever any public or municipal corporation mentioned in section 72-205 of this act shall accept, sponsor, take charge of or manage any work or project for the purpose of relief or assisting unemployment, wherein any part or all of the fu…

72-208. Injuries not covered — willful intention — Intoxication. (1) No compensation shall be allowed to an employee for injury proximately caused by the employee’s willful intention to injure himself or to injure another. (2) If intoxication is a reasonable and substantial cause…

72-209. Exclusiveness of liability of employer. (1) Subject to the provisions of section 72-223, Idaho Code, the liability of the employer under this law shall be exclusive and in place of all other liability of the employer to the employee, his spouse, dependents, heirs, legal r…

72-210. Employer’s failure to insure liability. If an employer fails to secure payment of compensation as required by this act, an injured employee, or one contracting an occupational disease, or his dependents or legal representative in case death results from the injury or dise…

72-211. Exclusiveness of employee’s remedy. Subject to the provisions of section 72-223, the rights and remedies herein granted to an employee on account of an injury or occupational disease for which he is entitled to compensation under this law shall exclude all other rights an…

72-212. Exemptions from coverage. None of the provisions of this law shall apply to the following employments unless coverage thereof is elected as provided in section 72-213, Idaho Code: (1) Household domestic service. (2) Casual employment. (3) Employment of outworkers. (4) Emp…

72-213. Election of exempt coverage. An employer engaged in any of the exempt occupations listed in section 72-212 may elect coverage thereof by a declaration in writing of himself and his surety filed with the commission that the provisions of the law shall apply thereto. Unless…

72-214. Revocation of election. An election of coverage may be revoked by a declaration in writing of the employer and his surety filed with the commission. The effective date of such revocation shall be ten (10) days from the date of its filing, unless such declaration fixes a m…

72-216. Contractors. (1) Liability of employer to employees of contractors and subcontractors. An employer subject to the provisions of this law shall be liable for compensation to an employee of a contractor or subcontractor under him who has not complied with the provisions of …

72-217. Extraterritorial coverage. If an employee, while working outside the territorial limits of this state, suffers an injury or an occupational disease on account of which he, or in the event of death, his dependents, would have been entitled to the benefits provided by this …

72-218. Award subject to credit for benefits furnished or paid under laws of other jurisdictions. The payment or award of benefits under the workmen’s compensation law of another state, territory, province or foreign nation to an employee or his dependents otherwise entitled on a…

72-219. Injuries in transitory employment in Idaho. (1) If an employee is entitled to the benefits of this law by reason of an injury sustained or occupational disease contracted in this state in employment by an employer who is domiciled in another state and who has not secured …

72-220. Locale of employment. (1) A person’s employment is principally localized in this or another state when: (a) His employer has a place of business in this or such other state and he regularly works at or from such place of business; or (b) He is domiciled and spends a subst…

72-221. Coverage for injuries or occupational diseases outside state presumed. An employer who hires workmen within this state to work outside the state may agree with such workmen that the remedies under this act shall be exclusive as to injuries received and occupational diseas…

72-222. Reciprocal recognition of extraterritorial coverage with other jurisdictions. For the purpose of effecting mutually satisfactory reciprocal arrangements with other states respecting extraterritorial jurisdictions, the commission is empowered to promulgate special or gener…

72-223. Third party liability. (1) The right to compensation under this law shall not be affected by the fact that the injury, occupational disease or death is caused under circumstances creating in some person other than the employer a legal liability to pay damages therefor, su…

72-225. Minor employee. A minor working at an age legally permitted under the laws of this state shall be deemed sui juris for the purpose of this law, and no other person shall have any cause of action or right to compensation for an injury or occupational disease to such minor …

72-226. Insane person’s compensation payable to guardian. The compensation of a person who is insane shall be paid to his or her guardian.

72-227. Doubtful rights subject to commission’s determination. In case the employer is in doubt as to the respective rights of rival claimants he may apply to the commission to decide between them.

72-228. Presumption favoring certain claims. (1) In any claim for compensation, where the employee has been killed, or is physically or mentally unable to testify, and where there is unrebutted prima facie evidence that indicates that the injury arose in the course of employment,…

72-229. Surety estopped to deny coverage. (1) Notwithstanding the provisions of sections 72-204 and 72-205, Idaho Code, a surety which issues to an employer a policy of workers’ compensation insurance and collects a premium based upon moneys paid or to be paid a worker, or a self…

72-230. Public assistance — Coverage. (1) Any employer who enters into a written agreement with the Idaho department of health and welfare to provide unpaid work experience, training, or both, to any person receiving public assistance benefits, shall be the "on-site employer" and…