Best Workers Compensation Attorneys in Boise

FAQs

• What is the non-emergency contact number for the local police station in Boise, Idaho?

  To reach the Boise Police Department, call 208-377-6790.

• Where can I get a copy of police report for incidents related to my case in Boise, Idaho?

  To obtain a police report from the Boise Police Department, fill out an online form at https://www.cityofboise.org/departments/police/police-public-records-request/#PRR_form. You also have the option to pay their City Hall West office at 333 N. Mark Stall Place to fill out a form. Note that it will take 3 to 10 business days for your record to be released. You can call 208-570-6000 for more information.

• What is one good thing to remember if you're dealing with a workers' compensation issue in Boise?

  If you're dealing with a workers' compensation issue in Boise, you only have 60 days to move your case in the right direction—meaning letting your employers know about the accident and then following up to know if they've filed the right forms with the Idaho Industrial Commission. Injured workers sometimes make the mistake of thinking they're going to get better, so they say nothing, only for their condition to worsen, and they miss the 60-day window.

• Do you still have to contact an attorney if your employer has workers' compensation coverage anyway?

  It is in your best interest to find a Boise attorney who will represent you when it comes to workers' compensation issues because there is a high likelihood that the insurance company handling your case is not going to inform you of some benefits you are entitled to. Insurance companies will resort to legal but dishonest ways to save money, and that includes not letting you know what is rightfully owed to you.

• What makes an injured worker entitled to permanent disability benefits in Boise?

  Whether you are eligible to receive permanent disability benefits in Boise depends on the following factors:

  • Whether you able to work at all
  • Whether you are able to go back to your previous job
  • How serious your injuries are
  • Whether you can perform daily tasks
  • Whether you earn more than $1,000 per month
  • How long you have been disabled, and whether you will be disabled for at least 1 more year

• What makes you a candidate for workers' compensation benefits in Boise?

  As an employee in Boise, you are eligible for workers' compensation if you can prove all of the following:

  • You were working at the time of the accident.
  • You were performing a task as described by the scope of your employment.
  • You have been injured.
  • The injury you've sustained at work is preventing you from doing your job.
  • You do not have a pre-existing medical condition, and if you do, it does not have anything to do with your injury.

• Can you still expect to be compensated for a workplace injury if you're an undocumented immigrant in Boise?

  Yes, you can. The Supreme Court of Idaho has ruled that a person's immigration status should not interfere with their right to claim a worker's compensation benefit. The best course of action to take in a situation like this would be to hire a Boise attorney who's handled a similar case to ensure that the immigrant's rights are upheld.

• What does a workers’ compensation attorney do?

  Workers’ compensation attorneys help injured employees recover monetary benefits following workplace accidents and illnesses. Attorneys in this practice area provide legal advice, gather evidence, review medical records, prepare petitions, and negotiate insurance settlements. They also represent clients’ interests during court cases and administrative hearings overseen by state workers’ compensation boards.

• What are the benefits of filing a workers’ compensation claim?

  Workers’ compensation insurance gives employees access to vital cash benefits in case of workplace injuries or illnesses. Filing a claim can help injured workers pay for medical care, physical therapy, and essential living expenses while they recover from a temporary or permanent disability. Workers’ compensation also pays for funeral and burial expenses following fatal workplace injuries.

• How long does a workers’ compensation claim stay open?

  Workers’ compensation claims typically remain open as long as the individual is receiving treatment or until the injured party reaches maximum medical improvement. This milestone varies for each person, and it can take years to determine whether a disability is temporary or permanent. Additionally, there’s a fixed time limit for filing a lawsuit. The statute of limitations can be anywhere from six months to two years from the date of the injury or the date of the last payment, depending on the worker’s state of residence. A qualified attorney can explain your state’s specific rules.

• What is the average payout for a workers’ compensation claim?

  Nationally, the average workers’ compensation claimant receives $21,800. Payouts range from $2,000 on the low end to upwards of $60,000 for well-compensated workers in high-income areas. The exact amount depends on the claimant’s average weekly paycheck, the extent of the injuries, and their state of residence. Individuals who accept an insurance settlement or initial offer typically receive less than those who negotiate or have an attorney represent them before an arbitrator or workers’ compensation judge.

• How are settlements calculated in workers’ compensation cases?

  Settlements typically cover current and future medical expenses, vocational rehabilitation or retraining, and two-thirds of lost wages. The total amount may vary depending on whether the worker’s disability is temporary or permanent. Workers’ compensation also pays death benefits, including funeral expenses and two-thirds of wages for up to 25 years or a state-specified maximum.

• What is workers comp?

  Workers' compensation is an insurance program that provides medical care, rehabilitation, and other benefits for employees who are injured or fall ill while performing assigned work duties. Common reasons for filing a workers' comp claim include slip and fall injuries, machinery accidents, or muscle strains while lifting heavy items.

  All businesses must carry some form of workers' compensation insurance, with minimum guidelines imposed by the state of residence. Workers' comp is intended to safeguard both the employee and the employer by providing a social safety net. This can protect companies from civil suits and guarantee that injured employees receive the benefits they need.

• What does workers comp cover?

  Workers' compensation insurance covers benefits associated with a wide range of accidents and illnesses that may occur in a place of work. This can include:

  • Medical benefits, such as payments for treatments, hospitalizations, or surgeries
  • Compensation for lost wages while not working
  • Coverage for ongoing care, such as physical therapy
  • Continued access to benefits, including insurance provided through an employer
  • Disability benefits, if an injury results in a permanent loss of functioning in some manner
  • Death benefits and funeral expense coverage

  How and when workers' compensation coverage applies depends on the illness or injury in question and the results of a medical exam. An unsatisfactory ruling by an insurer can be appealed with help from a workers' comp attorney.

  
  

• What does a workers comp defense attorney do?

  A workers' compensation defense attorney is a legal professional who represents the employer in a workers’ comp case. Typically, the defense attorney works to minimize the employer’s liability and reduce the amount of benefits to be paid out.

• When does workers comp start paying?

  How and when workers' comp starts paying can depend on both the circumstances and the state in which an injury took place. In most areas, benefits related to medical care start paying out immediately, even before a claim is formally processed or accepted. Once a case is approved, injured workers may be entitled to other benefits, including coverage for lost wages.

• How much is workers comp insurance for self-employed people?

  Workers' compensation isn't required for self-employed individuals, but those working in dangerous industries, such as construction or manufacturing, may choose to purchase policies. In some cases, employers may request this coverage when hiring a contractor. While costs will vary based on industry and location, most freelancers can expect to pay around $25 to $50 per month.

• How do I file a workers comp claim?

  A workers' comp claim is best filed as soon as an injury occurs. In some states, there are time limits, such as one month following an incident.

  After an injury, an employee must notify their employer. The employer must then provide access to the necessary forms and offer guidance. Employees must fill out all forms and return them to the employer who then files them with the insurer. Some states have additional requirements, including assessment by a medical provider. Once the paperwork has been filed, the insurance provider issues a ruling. If the ruling is unfavorable, the employee may choose to appeal the decision with the support of an attorney.