Idaho Injured Worker Claim
The workers’ compensation and injured worker claims process is regulated by each state using their own guidelines. In Idaho, injured workers are required to file with the Idaho Industrial Commission. The Commission is a great resource for workers wondering how to file a claim, whom to notify, and what the next steps are. Unfortunately, not all claims are paid out, and many claims are disputed by the employer. What are your options if this occurs?
Disputed Claims
Workers’ compensation claims can be disputed by the employer for several reasons. The employer might believe the injured worker was not hurt on the job but instead at home or during recreational activities. The employer might think that the severity of the worker’s injuries are not of the extent the employee is claiming. The employer might also think that the employee filed a claim fraudulently and is not hurt at all. If you filed a claim recently and were notified that it is disputed, you need legal counsel as soon as possible.
Our attorneys at Rocky Mountain Personal Injury Center specialize in workers’ compensations claims, but we only represent the injured workers. We understand how frustrating and frankly insulting it can be to be denied benefits or accused of dishonesty. If you were injured on the job in the state of Idaho you are entitled to workers’ compensation benefits. Our attorneys will work hard on your behalf fighting a disputed claim and ensuring you are paid the correct average weekly wage based on the severity and location of the injury. We will also ensure your benefits are paid in full and on time, and that you receive the treatment and medical care you need to recover. Finally, if upon your return to work you are treated less than fairly, are given tasks you cannot complete, or you are not put on the schedule at all, we will advocate for you and take action against your employer for discrimination.
What is Average Weekly Wage (AVW)?
Injured workers are not paid the equivalent wages they would have made if still working. Instead, the Commission provides resources to identify the appropriate AVW, or average weekly wage. Average weekly wage is determined using the worker’s based pay, location of the injury, severity of the injury, and permanence of the disability. Your weekly payment is also based on the compensation rate at the time of the injury For example, an injury occurring in 2018 is paid the base rate minimum of 112.95, the 15% average state wage minimum. In order to determine the weekly wage for a monthly salary, the worker multiples their monthly wage by .23077.
If injured, it is critical that you contact your employer as soon as possible. You also need to notify the Idaho Industrial Commission in order to start the benefits process. You will have to seek medical care and have the doctor’s referral or medical opinion forwarded to the Commission. As you continue to seek treatment, it is important to keep all receipts and complete physical therapy to achieve better patient outcomes. You may be asked to attend an independent medical evaluation if your claim is disputed. Do not be intimidated by this; many employers request an independent evaluation. However, we strongly recommend you retain counsel even if you do not think your claim will be disputed, to protect your interests and ensure you are properly compensated and the right average weekly wage for your injuries.
Schedule a Consultation Today
If you or someone you know was injured on the job, you likely have many questions. How will you pay your bills? How long does it take to receive your first payment? Can you choose your doctor and specialists? If your claim is in dispute, what can you do to ensure you receive payments? These are all excellent questions. Our workers’ compensation attorneys at Rocky Mountain Personal Injury Center will guide you through the filing process and fight for you to get the benefits you deserve, so you can focus on healing. Schedule a consultation today.
