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Idaho Workers Compensation Laws

Workers compensation policy information for the State of Idaho

State:  Idaho

Authority/Rating Bureau:  NCCI, National Council on Compensation Insurance

Compulsory:  Yes

Private Insurance:  Allowed

Self-Insurance:  Allowed

State Fund:  Idaho State Insurance Fund, a competitive fund. The State Insurance Fund was created by the Idaho Legislature in 1917. The State Insurance Fund is not tax-supported and the State of Idaho is not liable for any indebtedness incurred by the Fund. The State Insurance Fund has no regulatory or enforcement powers.

Assigned Risk:  Administered by NCCI



Numerical Exceptions:  Employers with one or more full-time, part-time, seasonal, or occasional employees are required to maintain a workers’ compensation policy unless specifically exempt from the law. Workers’ Compensation is required to be in place when the first employee is hired.

Individual Waivers Allowed:  No

Sole Proprietor:  Excluded from coverage/may elect to be included

Partners:  Excluded from coverage/may elect to be included

Corporate Officers:  Excluded from coverage if own at least 10% of stock/may elect to be included

LLC Members:  Excluded from coverage if working member/may elect to be included



Contractors:  The Commission has created a document to that, under the Workers' Compensation Law, outlines how the existence of an employer-employee relationship is established. The document covers the four right of control factors that distinguish an employee from an independent contractor.Click here to view the document. If you have contract workers, whether the contract is verbal or written, the workers may be considered employees under the Workers’ Compensation Law. To ensure you are in compliance with the law, contact an Industrial Commission Employer Compliance representative to discuss your situation. Your requirement for coverage is considered on a case-by-case basis.

Special Notes:  Employment that may be exempt from required coverage includes:
  • Household domestic service.
  • Employment of family members living in the employer’s household (applies only to sole proprietorships).
  • Employment in a business that is not carried on by the employer for the sake of pecuniary gain. (An example would be a homeowner who is
  • building his own home and who hires workers to assist in building the home.)
  • The owner of a sole proprietorship; working members of a partnership or limited liability company; or individuals who are corporate officers, and who own at least 10% of the stock and who are directors, if the corporation has directors.
  • Employment covered under Federal Workers’ Compensation Laws.
  • Pilots of agricultural spraying or dusting planes (under certain conditions).
  • Associate real estate brokers and real estate salespersons when paid solely by commission.
  • Volunteer ski patrollers.
  • Officials of athletic contests in secondary schools only (grades 7-12 inclusive or any combination thereof).
  • Casual employment or work which occurs occasionally or at irregular times and which is not related to the type of business conducted by the employer.
  • Employment as an outworker. (Defined as a person to whom materials are furnished to be treated in any way at a location not under the control of the employer. An example would be a worker who receives mass mailing materials from the employer and assembles them at home.)
  • Certain family member employees of a sole proprietor employer who do not reside in the same household as the employer may file an election for exemption with the Industrial Commission. For detailed information or to obtain copies of the required form, contact one of the Industrial Commission offices.




Regulated By: 

Department of Insurance
P.O. Box 83720
Boise, ID 83720-0041
208-334-4250
http://www.doi.state.id.us
http://www.doi.idaho.gov/

State Insurance Fund
1215 West State Street
Post Office Box 83720
Boise, Idaho 83720-0044
800-334-2370
http://www.idahosif.org/

Workers Compensation Statute:  The Workers Compensation Act was enacted in Idaho in 1917. The law is Title 72 of the Idaho Code.

http://www3.state.id.us/idstat/TOC/72FTOC.html


Information on this page is provided only as a reference. While we strive to mantain accurate information on this site please realize workers compensation laws are complicated and subject to change at any time. If you need help with a workers compensation problem or have a specific situation or question please contact our office. Otherwise please consult your states governing authority or an attorney in your state of residency for assistance.


Contact Us:
WORKERS COMPENSATION CONSULTANT
Voice: (573) 999-6948
Fax: (573) 447-4998
email: rks@workcompconsultant.com


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