My Employer Doesn’t Have Workers’ Compensation — What Should I Do?
By: Bruce Skaug
Finding out your employer doesn’t have workers’ compensation insurance is a gut punch—especially if you’re injured and needing income. Ideally, employers carry workers’ comp coverage, but sometimes policies lapse or the employer never had it.
The good news: you may still have options. Skaug Law can explain the process and help you figure out the best path forward. If your employer is uninsured, acting quickly helps protect your benefits and your claim options.
Contacting us takes a split second. Once you’re in touch with our team, we can review your situation and tell you whether you may have a viable claim.
Idaho Takes Workers’ Comp Requirements Seriously
Idaho generally requires employers with one or more employees to carry workers’ compensation insurance (with some exceptions for certain roles). The Idaho Industrial Commission oversees workers’ compensation matters in the state.
The post explains that Idaho lawmakers aim to protect employees injured on the job, and that many employers are covered by the requirement to carry workers’ comp.
Why the rules matter
- Protects the worksite: Safety planning reduces injuries and may reduce costs.
- Protects employer resources: Proper coverage helps avoid out-of-pocket losses.
- Protects employees: The goal is to help injured workers get medically stable and return to work when possible; in severe cases, it helps families receive rightful compensation.
The post also notes potential liability concerns tied to emergency medical assistance by medically trained persons.
What Should I Do if My Employer Doesn’t Carry Insurance?
The post’s practical advice is straightforward: if you’re job hunting, check whether a business carries workers’ comp. If you find out they don’t, you are under no obligation to accept a job offer.
If you already work there and you’re unsure about their insurance status, do some digging. The post suggests checking for a current policy through the Idaho Industrial Commission’s resources.
If you were injured at work
The post instructs injured workers to complete a First Report of Injury or Illness and submit it to:
Idaho Industrial CommissionP.O. Box 83720
Boise, ID 83720-0041
The post also explains that compensation may still be available through uninsured employer funds or through a personal injury lawsuit, depending on the facts.
What Is the Penalty for Not Having Workers’ Compensation in Idaho?
The post states that employers may be held personally responsible for jobsite injury costs (often medical expenses and lost pay). Attorney fees may apply if a lawyer is hired. The post also mentions penalty payments that can add up to a percentage of medical costs and pay loss.
The post further states that noncompliant employers can face penalties of $2.00 per day per employee or $25.00 per day, whichever is higher.
It also states that the Idaho Industrial Commission may file a lawsuit that stops business operations when employers do not carry workers’ comp insurance, and that the situation can be pursued in criminal court.
Can Employees Waive Workers’ Compensation in Idaho?
The post warns about employers asking workers to waive workers’ comp rights and says this scenario is a real “no.” It also says attempts to avoid providing insurance are prohibited, and that even if someone signed a waiver, it is unlikely to hold up.
Talk With a Workers’ Comp Lawyer
If you were hurt at work and your employer doesn’t carry workers’ compensation insurance, don’t guess. Talk with a lawyer who handles Idaho workers’ compensation so you can protect your benefits and your claim options.
Call (208) 410-4736 for a consultation.
If you’re searching for Workers Comp Lawyers Nampa ID or Workers Comp Attorneys Caldwell ID, Skaug Law serves clients across the Treasure Valley.
