Claims Kit

Reporting of Claim by Employer 72-602

A report must be made in writing by the employer to the Industrial Commission no later than10days after the occurrence of:

a) An injury or occupational disease, requiring medical treatment by a physician; or

b) resulting in absence from work for 1 day or more

 Extended disability 60 day supplemental and final reports. If the disability extends beyond a period of sixty 60 days, the employer must make a supplemental report to the commission at the end of the period that the employee is still disabled.

Supplemental report on termination of disability.  After the disability of the employee, the employer will make a final supplemental report to the commission

Summary of compensation and medical services, paid and payable. Within 60 days after the termination of the disability, the employer will file with the commission a summary showing the total compensation payments made or to be made for the employee. The time prescribed by the commission for the filing  may be different for medical and related benefit cases in which monetary benefits have been made to the employee.

Failure to file report a misdemeanor.  An employer who willfully fails or refuses to make any report required by this section shall be guilty of a misdemeanor.

Posting Requirements 72-312

Idaho law requires that every employer who has complied with section 72-301 (has obtained workers' compensation insurance) must 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, stating the fact that he has complied with the law as to securing the payment of compensation to his employees and their dependents in accordance with the provisions of this law. Such notice must contain the name and address of the surety, if any, with which the employer has secured payment of compensation.

An employer who fails to post and keep such notice conspicuously displayed is guilty of a misdemeanor.

Poster

Poster - Spanish

There are no firm rules on exactly what this notice must look like. It is normally printed on an orange or salmon card stock so that it will be noticed.

Penalties for Late Reporting

An employer who willfully fails or refuses to make any report under this statute is guilty of a misdemeanor. 72-602(5)

Failure to report the notice or change of disability status will not run against the claim of the employee requesting the benefits until the report has been filed.  72-604

Physician Selection IC 72-432

The employer has the choice of physician. If a company physician has been selected, it is reasonable to send all non-life-threatening injuries to that physician for care. If no designated physician is assigned, the employee may select the physician of his or her choice for initial treatment.

The commission will have the authority to order a change of physician, when in its judgment the change is desirable or necessary.

The employee upon reasonable grounds, may petition the commission for a change of physician to be provided by the employer; however, the employee must give written notice to the employer or surety of the employee's request for a change of physicians to give the employer the opportunity to fulfill its obligations. If proper notice is not given, the employer is not obligated to pay for the services obtained. The attending physician is authorized to allow for consultation, referral or specialized care without permission of the employer. Upon receiving written notice, the employer will render its written decision on the claimant's request within 14 days. If any dispute arises over the issue of a request for change of physician, the industrial commission will conduct a hearing to determine whether or not the request should be granted, and will render a decision within 14 days after the filing of the response by the employer.

 Petition for Change of Physician 

 Response To Petition For Change Of Physician