Filing a Timely First Report of Injury or Illness
Not all employers play fair.
Idaho workers have no more than 60 days to report a work related injury caused by an industrial accident to an employer. Once notified of the injury, the employer is supposed to report the incident to the employer’s workers compensation insurance carrier referred to as the "Surety" and the Idaho Industrial Commission by filing a Form 1 - Workers’ Compensation: First Report of Injury or Illness.
Not all employers play fair and submit the notice in a timely manner. Not only has some employers failed to report the work related injury or notice to the Surety and Idaho Industrial Commission in a timely manner, some employers outright misrepresent that they failed receive any notice of the occurrence or the injury to the Commission and falsely claim that they should not be required to pay any workers compensation benefits due to the lack of notice. This results in a precarious situation for the employee who is seeking workers’ compensation benefits.
WHAT CAN AN EMPLOYEE DO TO PROTECT THE WORKER FROM AN EMPLOYER WHO FAILS TO REPORT THE INDUSTRIAL ACCIDENT AND INJURY TO THE IDAHO INDUSTRIAL COMMISSION?
First, the injured employee should consult with an experienced trial lawyer who represents victims of personal injury in workers compensation cases. Most experienced trial lawyers who handle workers compensation cases are willing to consult with an injured worker in an initial free consultation, but you should first inquire whether the attorney will consult with you without charging a fee during the initial consultation to avoid being billed for the consultation later.
Second, the injured worker should take the initiative with the assistance of counsel in preparing and filing a Form 1: First Report of Injury or Illness with the Idaho Industrial Commission within 60 days of the onset of injury or illness. By filing the First Report of Injury or Illness with the Idaho Industrial Commission within 60 days of the incident and serving a copy upon the employer and Surety, this removes any doubt that the employer and surety were notified of the occurrence in a timely fashion and eliminates the defense in its entirety that the employer and surety were not timely notified of the of the occurrence.
BOISE PERSONAL INJURY AND WORKERS COMPENSATION TRIAL LAWYER ALAN MORTON HAS OVER 31 YEARS OF EXPERIENCE IN HELPING VICTIMS OF INDUSTRIAL ACCIDENTS SEEK AND OBTAIN WORKERS COMPENSATION BENEFITS FOR HIS CLIENTS.
Boise Personal Injury and Workers Compensation Trial Lawyer Alan Morton has over 31 years of experience in helping victims of work related accidents and occupational illnesses in seeking and obtaining fair and full compensation for their injuries and damages arising from industrial accidents and/or exposure to work related conditions that result in occupational illnesses. Mr. Morton is available to meet with you in a confidential free initial consultation at his office or your home, workplace, hospital or any other convenient location. Over the past three (3) decades, Mr. Morton has consulted with thousands of victims of personal injury and wrongful death and their families to educate them of what benefits they are entitled to receive for their injuries and occupational illnesses arising from the work place throughout the State of Idaho. Mr. Morton may be contacted to schedule a free initial consultation by calling 208.344.5555, toll free at 888.716.8021 or by completing an online contact form. Mr. Morton has been rated by AVVO with the highest rating of "Superb" in the area of Workers Compensation due to his experience and results in representing victims of industrial accidents and occupational illness. Mr. Morton is also reachable to discuss your legal rights and remedies and works tenaciously to help his clients seek and obtain the workers compensation benefits they are entitled to receive for the work related injuries and/or occupational illnesses his clients have incurred in the work place.