Southern and Southeast
Idaho Workers’ Compensation Law Firm
Experienced Idaho Workers’ Compensation Law Firm Ready to Serve You
If you have been injured on the job, workers’ compensation can provide critical coverage for your medical expenses and loss of income resulting from your work injury. Unfortunately, while Idaho’s workers’ comp law is designed to make it easy to receive “no-fault” benefits, employers and their insurance adjusters routinely reduce, delay, and deny employees’ claims for benefits. As a result, most injured workers need an experienced law firm in order to collect the benefits they deserve — so don’t hire a lawyer you have not met. Go to a knowledgeable and skilled Idaho workers’ comp law firm to fight for your rights. Our firm represents injured workers from Twin Falls, Burley, American Falls, Pocatello, Soda Springs, Montpelier, Blackfoot, Idaho Falls, Rexburg, St. Anthony, Ashton, Driggs, Hailey, Ketchum, and surrounding areas.
At Petersen, Parkinson & Arnold PLLC, we have decades of experience helping injured workers in Idaho receive workers’ compensation benefits. Our lawyers are intimately familiar with the process of getting workers’ comp. Whether your claim or any of your benefits were denied or delayed, we can assist you in protecting your legal rights. With our contingency-fee representation, it costs you nothing out-of-pocket to hire our lawyers, and every case starts with a free, no-pressure, and completely confidential consultation with an attorney. Attorney James Arnold se habla español.
Answer to FAQs:
Filing for Workers' Comp in Idaho Falls
Q: How soon after I file my workers' comp claim should I start receiving benefits?
Typically, you should begin receiving disability (wage replacement) benefits within four weeks of the date of your injury. If it has been close to a month (or longer than a month) since you filed your workers’ compensation claim, you should seek professional help for getting your benefits application approved.
Q: How can I find out if my employer has workers' compensation insurance?
You should find out whether your employer has workers’ compensation insurance when you report your illness or injury. If you are struggling to get answers from your employer, you can check the Idaho Industrial Commission’s online database of workers’ compensation employers.
Some employers “self-insure” for workers’ compensation claims, meaning that they pay the costs of their employees’ claims directly. Whether your employer has workers’ compensation insurance or self-insures, your rights as an injured worker are the same.
Q: Can I see my own doctor for a work-related injury?
Under Idaho law, you are required to see a doctor approved by your employer unless you obtain alternate approval or file a successful petition for approval with the Idaho Industrial Commission. If you see your own doctor without approval, your employer may be within its rights to deny payment to your doctor.
Q: What types of job-related accidents are covered by workers' comp in Idaho?
Workers’ comp covers all job-related accidents with only very limited exceptions. What is covered includes (but is not limited to):
- Accidents involving tools and machinery
- Auto accidents
- Electrocutions and fires
- Forklift and heavy equipment accidents
- Ladder and scaffolding accidents
- Lifting accidents causing back and neck injuries
- Office accidents
- Slips and falls
Q: Who will pay for my medical care?
Q: How will I live without a regular paycheck?
A: In addition to covering your medical expenses, Idaho Workers’ Compensation also covers part of your lost wages. You should start receiving this compensation about 28 days after your injury or illness. The amount of your payment depends on the type of disability you sustained from your injury.
Temporary Total Disability (TTD) – This is where you cannot work for at least 5 days or are admitted to a hospital, but you expect to be able to return to work. While you are receiving treatment, you are eligible to receive what is called a total temporary disability benefit that is usually 67% of your weekly wage. This compensation is up to a maximum benefit that typically changes each year.
Temporary Partial Disability (TPD) – Applies when you can continue to work, but your injury requires you to work in a capacity that pays less than you were making before your injury. This compensation is 67% of lost wages (up to a maximum limit) and is discontinued when you:
return to work at full capacity,
have reached medical stability, or
have reached maximum medical improvement.
Permanent Partial Impairment (PPI) – Applies when you have a permanent impairment after reaching maximum medical improvement and have been given a permanent impairment rating. The benefit amount is calculated at 55% of the average weekly wage for the state in the year you were injured.
Permanent Partial Disability (PPD) – Applies when you have a permanent reduction in your income and your capacity to work because of your injuries. The benefit amount is calculated at 55% of the average weekly wage for the state in the year you were injured.
Total and Permanent Disability (T&P) – If you are unable to return to work in any capacity, then you are eligible to receive Total and Permanent Disability. The compensation amount is 67% of the average weekly state wage and pays monthly on your death.
Get the Maximum Value out of Every Claim
- How do you file a workers’ compensation claim?
- How do you know if your claim is valid?
- How do you protect your rights if your claim is wrongfully denied?
- What benefits are you entitled to receive?
These are all important questions, and they do not have easy answers. Our workers’ compensation attorneys, James Arnold and Matthew Vook, are armed with the knowledge they have gained from representing thousands of injured workers. They are dedicated to helping you receive the maximum compensation available to you on your claim.
When you schedule a free initial consultation at Petersen, Parkinson & Arnold, PLLC, you will meet with one of our Workers’ Comp Attorneys who will provide you with the information you need to make decisions about your claim, and will do everything necessary to maximize your medical and financial recovery.
Understanding Your Right to Workers’ Comp Benefits
In Idaho, employers are required to carry workers’ compensation insurance. When you get injured (or become ill) on the job, this insurance is supposed to cover your medical bills, loss of income (also referred to as temporary or permanent disability), permanent injury (impairment) benefits, and permanent disability benefits. You should not be required to pay any medical or related costs out of pocket; and depending upon your wage or salary, workers’ compensation can cover up to 67 percent of your weekly income during and after your period of disability.
In order to be eligible for benefits, you need to report your work injury or illness to your employer. In most cases, this should be done immediately or within 60 days. Reporting your injury or illness is a separate step from filing a workers’ comp claim. In addition to reporting the incident within 60 days, you must file your claim within one year in order to have your injury or illness covered.
However, if your claim is denied for any reason including late reporting or filing; call Petersen, Parkinson & Arnold, PLLC to speak with an attorney.
Get Help with Your Southern and Southeast Idaho Workers’ Comp Claim
When you hire us for your workers’ comp claim, an experienced Idaho workers’ compensation law firm will guide you every step of the way. We can make sure you meet the necessary deadlines, and we can deal with your employer and its insurance adjuster on your behalf. Our lawyers have more than 75 years of collective experience in workers’ compensation cases involving:
- Back, neck, shoulder, hip, knee, ankle and feet injuries
- Face and head injuries
- Joint and limb injuries (including bone fractures and soft tissue injuries)
- Occupational illnesses and diseases
- Repetitive stress injuries
- Traumatic brain injuries
- Other job-related injuries and illnesses
We take your case seriously. We are committed to offering a personalized and attentive team to represent you. Our full-service approach to your case means keeping you informed of the progress at all times. We understand that a workers’ compensation claim can be stressful, and offer the peace of mind you need knowing you are backed by an experienced team. No matter where you are in the process of your claim, our workers’ compensation lawyers are prepared to take your case seriously.
We Don’t Get Paid Until You Do
Finally, a proven Idaho workers’ compensation law firm you can trust! Our dependable team is experienced in handling workers’ compensation claims and ensures your needs are taken care of by receiving the maximum compensation allowed by the workers’ compensation law in Idaho. The best part is that we don’t get paid until you get the compensation you’re entitled to receive. Our team provides a free initial consultation to each client and gives them the peace of mind they need to proceed with their work injury case in Twin Falls, Burley, American Falls, Pocatello, Soda Springs, Montpelier, Blackfoot, Idaho Falls, Rexburg, St. Anthony, Ashton, Driggs, Hailey, Ketchum, and surrounding areas.
When You Can Sue for “Pain and Suffering” Damages
In an ordinary civil lawsuit, you can sue the defendant for “pain and suffering” damages. In the typical work injury claim, however, this is impossible. You give up the right to sue for pain and suffering in exchange for being relieved of the obligation to prove that your employer was at fault.
The following are the major exceptions to the rule that your claim must be resolved only through the workers’ compensation system.
- If your employer injured you intentionally. This exception would also apply if the offender is another employee, as long as he was acting within the scope of his duties at the time of the incident. Extreme carelessness or recklessness is not enough. The offender must have specifically intended to cause you injury.
- If your employer wrongfully terminated you in retaliation for filing a workers’ compensation claim.
- If you can identify a third party who was responsible for your injury – a third-party owner of your jobsite who failed to remedy a dangerous condition or another person caused the accident such as in a car crash, for example.
If an exception applies, filing a personal injury lawsuit might be your only option. What you cannot do is split your claim by filing a workers’ comp claim in addition to a personal injury lawsuit for pain and suffering.
Contact Our Idaho Workers’ Comp Law Firm
If you have questions about filing for workers’ compensation or need help with your Idaho workers’ comp claim, we encourage you to contact us for a free initial consultation with an Attorney. To speak or meet with an experienced southern and southeast Idaho Workers’ Comp Law Firm in confidence, please call (208) 522-5200 or inquire online today.