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Q
My claim for workers’ compensation benefits has been denied after the surety paid some of my medical bills or TTD benefits. Now, how much time do I have to file a workers compensation complaint?

A

Supplementing, my earlier discussion of how much time you have to file a workers compensation complaint when the Surety has denied your claim without paying any workers compensation benefits, there is a different time period in which to file a workers compensation complaint when the Employer and/or Surety has denied a claim after it has paid a medical bill on behalf of the injured worker or otherwise issued some other payment as and for a workers’ compensation benefit.

As I mentioned before, in Idaho, if you are injured on the job as the result of an industrial accident or as the result of an occupational illness, you must report the injury to your employer no later than sixty (60) days from the date of the industrial accident or onset of the occupational illness. If your claim for workers compensation benefits has been denied after your employer or Surety have paid out some kind of workers compensation benefit including, but not limited to, a medical bill or total or partial disability payment, then pursuant to Idaho Code § 72-706(2), you have one up to five years from the date of the industrial accident or first manifestation of the occupational disease in which to file a workers’ compensation complaint with the Idaho Industrial Commission. Failure to file a timely workers’ compensation complaint will prejudice your legal rights and remedies to any income benefits including, but not limited to impairment and/or disability arising therefrom, but medical benefits arising from the industrial commission may go on for life so long as they arise from the industrial accident or occupational disease and proper notice of the accident or onset of the occupational illness was rendered as noted above pursuant to Idaho Code § 72-706(4) & (5).

Furthermore, if the surety has paid any income benefits including, but not limited to temporary disability or impairment but discontinued the payment more than four (4) years from the date of the accident causing the injury or the date of first manifestation of an occupational disease, then you have one (1) year from the date of the last payment of income benefits within which to make and file a workers compensation complaint with the Idaho Industrial Commission pursuant to Idaho Code § 72-706(3).

These types of issues can be confusing for a layperson to figure out, so if you have been injured on the job by way of an industrial accident or occupational illness, you should immediately consult with an experienced trial lawyer to ascertain and protect your legal rights and remedies. Boise Personal Injury and Workers Compensation Trial Lawyer Alan Morton has over 31 years of experience in helping victims of injury and death seek and obtain compensation for injuries arising from industrial accidents and occupational illnesses. Mr. Morton can be contacted to schedule a free initial consultation at 208.344.5555 or toll free at 888.716.8021 or by completing an online contact form. He is willing to meet with you at his office or your home, workplace, hospital or any other convenient location. Mr. Morton has been rated by AVVO, an independent attorney rating service, with its highest rank of "Superb" in handling workers’ compensation claims. You may also wish to review the testimonial page of Mr. Morton’s clients as to their experience in retaining Mr. Morton as their attorney. Mr. Morton and his staff work diligently to provide outstanding service to his clients.