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

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 p…

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 hi…

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 56-6…

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 f…

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 cau…

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" an…

72-301. SECURITY FOR PAYMENT OF COMPENSATION. (1) Every employer shall secure the payment of compensation under this law in one (1) of the following ways: (a) By insuring and keeping insured with a policy of worker's compensation insurance as defined in section 41-506(d), Idaho C…

72-301A. ALTERNATIVE MEANS OF SECURING SELF-INSURANCE. The provisions of section 72-301, Idaho Code, with respect to security, shall be met alternatively, by the employer demonstrating to the commission that security for its self-insured worker's compensation program is covered b…

72-302. REGULATION OF DEPOSIT WITH STATE TREASURER. The securities so deposited with the state treasurer shall be an exclusive trust for the benefit of the employees of the employers whose compensation liability is so secured, to remain with the treasurer in trust to answer any d…

72-303. QUALIFICATION SUBJECT TO REGULATION. To the end that payment of compensation secured by this law shall be adequately protected, the commissioner of insurance is hereby authorized and empowered to make and change from time to time such reasonable regulations as he may deem…

72-304. PROMPT COMPENSATION PAYMENTS REQUIRED -- RULES AND REGULATIONS. The commission is authorized to make and change from time to time such rules and regulations as it shall deem necessary to secure the prompt payment of compensation, and after affording the surety opportunity…

72-305. CLAIMS SERVICES AND MEDICAL SUPERVISION. Each surety shall provide prompt claims services through its own adjusting offices or officers located within the state, or by independent, licensed, resident adjusters. The surety shall provide medical supervision of cases from it…

72-306. RECITALS IN INSURANCE CONTRACTS. Every policy of insurance and every guaranty contract or surety bond covering the liability of the employer for compensation shall cover the entire compensation liability of the employer to his employees, and shall contain a provision sett…

72-306A. DEDUCTIBLE CONTRACT. (1) A surety issuing a worker's compensation insurance contract may offer deductibles optional to the policyholder for benefits payable thereunder so long as the director of the department of insurance approves the contract. (2) The director of the d…

72-307. KNOWLEDGE OF EMPLOYER TO AFFECT SURETY. Every such policy, contract or bond shall contain a provision that, as between the employee and the surety, the notice to or knowledge of the occurrence of accident causing an injury or manifestation of an occupational disease on th…

72-308. INSOLVENCY OF EMPLOYER NOT TO RELEASE SURETY. Every such policy, contract or bond shall contain a provision to the effect that the insolvency or bankruptcy of the employer and his discharge therein shall not relieve the surety from the payment of compensation for injuries…

72-309. INSURANCE CONTRACT DEEMED REFORMED. Every such policy, contract or bond shall be deemed to be made subject to the provisions of this law and, if inconsistent with this law, shall be deemed to be reformed to conform to the provisions of this law.

72-310. MISREPRESENTATION NOT TO AFFECT EMPLOYEE'S RIGHTS. (1) No statement in an application for such a policy, contract or bond shall void the policy, contract or bond as between the surety and employer unless such statement shall be false and would materially have affected the…

72-311. NOTICE OF SECURITY -- CANCELLATION OF SURETY CONTRACT. (1) The employer shall forthwith file with the commission in form prescribed by it, a notice of his security. (2) No policy of insurance or guaranty contract or surety bond issued against liability arising under this …

72-312. POSTING OF NOTICE REGARDING INSURANCE -- PENALTY. Every employer who has complied with section 72-301 shall post and maintain in a conspicuous place or places in and about his place or places of business typewritten or printed notices in form prescribed by the commission,…

72-313. PAYMENT PENDING DETERMINATION OF POLICY COVERAGE. Whenever any claim is presented and the claimant's right to compensation is not in issue, but the issue of liability is raised as between an employer and a surety or between two (2) or more employers or sureties, the commi…

72-314. PAYMENT OF LIABILITY OF PUBLIC EMPLOYER. Any sums necessary to be paid under the provisions of this law by any public or quasi-public employer, which exercises taxing power, for compensation premiums or compensation shall be considered to be ordinary and necessary expense…

72-315. ERRONEOUS PAYMENT IN GOOD FAITH. Payment of death benefits by an employer in good faith to a dependent subsequent in right to another or other dependents shall protect and discharge the employer unless and until such dependent or dependents prior in right shall have given…

72-316. VOLUNTARY PAYMENTS OF INCOME BENEFITS. Any payments made by the employer or his insurer to a workman injured or afflicted with an occupational disease, during the period of disability, or to his dependents, which under the provisions of this law, were not due and payable …

72-317. PERIODICAL PAYMENTS. The commission, upon the application of either party, may in its discretion, having regard to the welfare of the employee and the convenience of the employer, authorize income benefits to be paid biweekly or monthly instead of weekly.