Workers who suffer a work-related injury or illness must report their injuries to the Idaho Industrial Commission. Even though the injury or illness has been reported, the injured should also seek legal advice regarding his or her claim, even before the initial filing. Those injured on the job may be entitled to benefits. If a claim is denied, the worker may dispute the denial.
If you are injured or suffered an illness, contact Litster Frost Injury Lawyers to set up a consultation regarding filing your claim or disputing a denial of a claim. The Idaho Industrial Commission receives about 45,000 reports every year from people who have been injured on the job. Of those, more than 36 are for fatalities.
Work-Related Injuries or Illnesses
If you have been injured on the job or you believe an illness is job-related, tell your employer right away. Immediately get medical care for the injury or illness. Make sure you let the medical care provider know that your injury or illness is related to work.
Your employer may want you to see a designated doctor to treat any work-related illness or injury unless you need emergency care. Before you go to the doctor, ask your employer if you should go to your own doctor or if the employer has a designated physician. If you want to see your own doctor, you have to have your employer’s permission. You may also ask for approval from the Idaho Industrial Commission to see your own doctor.
Reporting an Injury or Illness
To report an injury or illness, typically the employer or a representative completes the First Report of Injury or Illness Form, though the employee may also complete the form. If the injured employee fills out the form, he or she must also send a copy to the employer, the employer’s workers compensation insurer and to the Idaho Industrial Commission. Instructions for sending the completed form are in the instructions for the form. It may be mailed or emailed to the Commission.
Benefits for Injured Employees
The Idaho Industrial Commission has a table to find out how much you will receive in benefits. Figure your benefits by converting the average weekly gross wage to a percentage and then converting that percentage to a dollar amount that you would receive every week, based on the Commission’s chart. In most cases, the basic benefit is 67 percent of your average weekly wage. The benefit is subject to minimums and maximums as outlined by Idaho Code. Additional benefits may include mileage reimbursement, rehabilitation services and survivor death benefits.
Issues with Filing Workers Compensation
Sometimes, filing a workers compensation claim goes smoothly. However, there are some times when it doesn’t. Whether an employer doesn’t file the initial form or your claim gets denied, many things could happen to prevent you from collecting weekly benefits.
Your Employer Has Not or Will Not Fill Out a Work Injury Report
Call the Idaho Industrial Commission to report the employer for not filing a work injury report. You may also request a copy of the form so that you may complete it yourself. Once the report has been filed, the Idaho Industrial Commission will register your claim. You may also contact Litster Frost Injury Attorneys to help you with requesting and filing this initial report.
To find out if your employer has workers compensation insurance, you may contact the Idaho Industrial Commission by phone or use the online search.
The Insurance Company’s Independent Medical Examiner Disagrees with My Doctor
If the insurance company’s independent medical examiner or designated doctor does not agree with your doctor, file a formal complaint with the Idaho Industrial Commission. The complaint filing will start the legal process so that the Commission schedules a hearing and makes a decision.
Your Claim Has Been Denied
The insurance company may deny your claim. If that happens, file a Complaint with the Idaho Industrial Commission. This action starts the formal legal process. If you have been trying to get workers compensation without an attorney, you may want to retain an attorney for this process. Once the Complaint is filed, the Commission will schedule a hearing and issue a decision.
Statute of Limitations
As soon as you are hurt on the job or learn that you have a disease caused by your job, you need to report the injury or disease to your employer. If you wait more than 60 days to report an injury, you could lose any workers compensation benefits.
If you have reported your injury or illness to your employer, you are not barred by time for collecting medical benefits. If your claim was paid with a lump sum settlement, you are barred from collecting any more benefits according to IC 72-7006(5).
As to income benefits, you must meet the filing and notice requirements. Once you have met them, any income benefits may be subject to the statute of limitations. If you received benefits for more than four years and then those benefits have stopped and the disease or injury reappears, you have one year from the date of the last payment to file for additional benefits.
Furthermore, if you did not receive benefits during the first year of the date of the injury or illness, you may be barred from receiving benefits after that time.
If you die because of a work-related disease or injury, your spouse may be entitled to benefits for 500 weeks. However, if your spouse remarries, benefits do change. If you have children, they will receive benefits until they turn 18 years of age. Benefits for children are limited to three children. These benefits are based on the average weekly state wage.
If you die within four years after a work-related illness or injury and your death is work-related, you may be entitled to some compensation for your funeral.
Contact Litster Frost Injury Lawyers in Boise
If you have been injured on the job or if you have an illness that was caused by your job, contact Litster Frost Injury Lawyers for a consultation.