My Employer Doesn’t Have Workers’ Compensation – What Should I Do?

Last updated Monday, May 9th, 2022

Have you found out that your employer doesn’t have workers’ compensation? Ideally, your employer should carry workers’ compensation insurance. But life happens and sometimes policies lapse, which doesn’t help if you find yourself injured at work and needing an income.

Unfortunately, chances are that you don’t know that your employer doesn’t have workers’ comp insurance until it’s too late to change anything. If there’s one thing we get, after decades in the business, is that jobsite injuries can be very scary. Fortunately, filing a claim doesn’t have to be! Our lawyers at Skaug Law will carefully explain your options and walk you through the process step by step.

Contacting us takes a split second. Once you’re in touch with one of our highly qualified attorneys they can review your case. Learn if you have a viable claim in minutes! If you do then we’ll begin working towards getting you the maximum compensation right away.

Does Idaho Law State That Employers Must Carry Workers’ Compensation?

Yes! The Gem State doesn’t mess around with this policy. Idaho lawmakers want to protect employees injured on the job. While some positions (like domestic workers and commission real estate brokers) aren’t impacted, the majority are.

The Idaho Industrial Commission runs the workers’ comp show here. This organization states, “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.”

Following the rules may help serve a few purposes.

1. 1. Safeguards Business Site. Putting a workplace safety plan in place sets the tone. Reduced rates may be available with preventative safety measures. Insurers could offer accident prevention workshops. The outcome remains the same- a safe jobsite.
   2. Preserves Employer’s Resources. Having workers’ comp gets employers off the hook when employees are injured while working. Paying out-of-pocket expenses is now unnecessary. Lowering costs resulting from jobsite injuries may be another benefit.
   3. Protects Employees. The goal of workers’ compensation is to get injured employees medically fit to get back to work. Surgery and rehabilitation should be an option in the event of a severe injury. If a disability or death occurs, families are to get rightful compensation.

Liability for emergency medical assistance by medically trained persons.

What Should I Do if My Employer Doesn’t Carry Insurance?

The best way to handle this situation is to avoid it altogether. Do you need to work? Yes. Do you need to work for someone who sidesteps their responsibilities? Absolutely not!

You can find out if a business carries workers’ comp. Then you’re under no obligation to follow through with a job offer.

If you currently hold a position with a company and are unsure of their insurance status, do some digging. Check to see if a specific employer has a current policy on the Idaho Industrial Commission’s website.

Were you injured at work? Fill out a First Report of Injury or Illness form. Submit completed document to:

Idaho Industrial Commission
P.O. Box 83720
Boise, ID 83720-0041

Contact a skilled attorney to protect your benefits! Compensation may still be available through uninsured employer funds or a personal injury lawsuit. Our legal team at Skaug Law can review your case for free. We’ll advise you if we can help.

What is the Penalty for Not Having Workers’ Compensation in Idaho?

Employers can be held personally responsible for costs related to jobsite injury (usually medical expenses and loss of pay). Attorney fees may apply if you hire a lawyer. Penalty payments adding up to 10 percent of medical costs and pay loss may be charged too.

Noncompliant employers also face penalties of $2.00 a day for each employee or $25.00 every day, whichever happens to be more. The Idaho Industrial Commission may file a lawsuit that stops business operations when employers don’t carry this insurance.

This misdemeanor may even be pursued in criminal court against employers. Workers’ comp is a big deal in Idaho.

Can Employees Waive Workers’ Compensation in Idaho?

There may come a time when a shady employer requests you waive your rights to workers’ comp. This form may seem legit and so may your employer. Truth be told, this whole scenario is a real no no.

Any attempt to dodge getting this insurance is prohibited. Even if you signed such a waiver, a goose egg stands a better chance of holding up in court.