Work Related Accidents in Idaho
What constitutes an accident compensable under Idaho’s Workers’ Compensation Law?
In order to receive workers' compensation in Idaho, a Claimant has to prove that the Claimant incurred injuries from either an industrial accident or an occupational disease. Idaho Code §72-102. In the case of an industrial accident, the claimant must prove that the injury arose out of and in the course of the Claimant’s employment. An accident in this case is "an unexpected, undesigned, and unlooked for mishap, or untoward event, connected with the industry in which it occurs, and which can be reasonably located as to time when and place where it occurred causing an injury." Idaho Code § 72-102(18)(b).
Earlier this year, the Idaho Supreme Court entered a decision in the case of Vawter v. UPS, 155 Idaho 903, 318 P.3d 893 (2014). In Vawter, a driver for UPS claimed to have injured his back while attempting to tie his shoelaces while at work. The claimant filed a claim for workers compensation benefits and UPS and it’s surety denied the claim. Following a hearing, the Idaho Industrial Commission rendered a decision in favor of the employee finding that the employee did in fact sustain a work related injury arising from an accident recognized under Idaho’s workers compensation law to which the employer and employer’s surety filed an appeal. On appeal, the Idaho Supreme Court held in favor of the employee on the basis that the injury was a result of a mishap that occurred during the course of the claimant’s work that he was required to perform in the course of the employee’s duties and responsibilities for the employer.
Mr. Morton has over 31 years of experience in helping victims of industrial accidents seek workers' compensation benefits for their injuries.
If you or a loved one have incurred an injury as a result of an industrial accident, you should immediately contact an experienced workers’ compensation attorney for an initial free consultation to discuss your legal rights and remedies and to insure that your notice and filing requirements are fulfilled in a timely manner. Boise Personal Injury and Workers’ Compensation Trial Lawyer Alan Morton has over 31 years of experience in assisting victime of personal injury and workers compensation claims. You can reach Mr. Morton at 208.344.5555 or toll free at 888.716.8021 or by completing an online contact form. Mr. Morton would be happy to meet with you at his office or at your home, workplace, hospital or any other convenient location to discuss the facts of your case and to help you become better informed regarding your legal rights and remedies.