Idaho’s Deadlines and Legal Steps After a Work Injury
Construction sites are some of the most hazardous workplaces in Idaho. When accidents happen, injured workers often face a whirlwind of medical appointments, paperwork, and questions from their employer or insurer. But one of the most important—and time-sensitive—questions is this: How long do you have to file a claim?
Whether you’re pursuing workers’ compensation or a third-party personal injury lawsuit, Idaho law imposes strict deadlines. Missing one could mean permanently losing your right to benefits or compensation. This guide outlines the key timelines every injured Idaho construction worker should know, as well as the legal steps to protect your claim.
Workers’ Compensation Filing Deadline in Idaho
If you’re injured on the job in Idaho, your first line of recovery will likely be workers’ compensation. Under Idaho Code § 72-701, you must file a workers’ comp claim within one year of the date of injury. But before that, you are required to report the injury to your employer within 60 days.
Let’s break that down:
Notice to employer: You must notify your supervisor or employer within 60 days of the accident. This can be verbal or written, but written is preferred for documentation.
Filing the claim: You must submit a claim for workers’ compensation benefits to the Idaho Industrial Commission within 1 year from the date of the injury.
If your injury develops over time, such as repetitive stress injuries or illnesses from toxic exposure, the clock starts when you become aware (or should have become aware) of the connection between your condition and your job.
Failing to meet these deadlines can result in claim denial, even if your injury is legitimate and severe. That’s why it’s critical to report the injury as soon as possible and speak with an attorney if you have any concerns about timing.
Third-Party Lawsuit Timeline: Suing Outside of Workers’ Comp
Workers’ compensation covers only a portion of what an injured worker may lose. It doesn’t pay for pain and suffering, loss of enjoyment of life, or punitive damages. That’s why many Idaho construction workers look into filing a third-party personal injury claim when a negligent party other than their employer contributed to the accident.
Common third-party defendants in construction injury cases include:
- Subcontractors
- Property owners
- Equipment manufacturers
- Delivery drivers or outside vendors
For these civil claims, the statute of limitations is governed by Idaho Code § 5-219(4). You generally have two years from the date of the injury to file a lawsuit in court.
Examples of third-party injury scenarios:
- A subcontractor leaves a trench unmarked, and you fall and break your leg
- A crane supplied by a third party fails due to defective parts
- A delivery truck backs over a worker due to a lack of site communication
In any of these cases, you may be eligible to file a third-party construction accident claim in addition to receiving workers’ compensation from your employer.
What If I Miss a Deadline?
Missing a statutory deadline can have severe consequences:
- Workers’ comp: Your claim may be automatically denied if you miss the 60-day notice or 1-year filing window.
- Third-party lawsuit: If you miss the 2-year deadline, the court will likely dismiss your case, even if you have strong evidence of negligence.
There are very few exceptions. Courts may allow an extension only if the injured party was incapacitated, unaware of the injury, or deceived. These situations require skilled legal arguments and supporting documentation.
To avoid missing the Idaho legal timeline for an injury claim, document everything as soon as possible and consult with a qualified attorney quickly.
Additional Deadlines and Legal Milestones to Know
Aside from the main filing deadlines, other legal timelines and actions are important to keep in mind after a jobsite accident in Idaho.
Medical Treatment Authorization
If your injury requires emergency care, workers’ comp will generally cover it. However, ongoing treatment must often be authorized by the workers’ comp insurer. Make sure you see an approved provider and keep records of every appointment.
Appeals Timeline
If your workers’ comp claim is denied, you have within 100 days to file a formal complaint with the Idaho Industrial Commission. Appeals must be handled quickly and precisely, often with help from legal counsel.
Discovery in Third-Party Cases
Once a third-party lawsuit is filed, both sides enter a discovery period where evidence is exchanged. This stage includes depositions, subpoenas, and expert evaluations, and can last several months to a year, depending on the complexity of the case.
Settlement Negotiations or Trial
While many claims settle out of court, complex construction accident cases may proceed to trial. It’s essential to have legal representation that understands both construction site dynamics and Idaho’s comparative negligence laws.
Why Prompt Action Matters
When you’re recovering from a worksite injury, deadlines might not be your top priority—but they should be. Here’s why prompt legal action can make all the difference:
Preservation of evidence: Jobsite conditions change quickly. Photographs, witness testimony, and equipment involved in your injury may be lost or altered.
Medical documentation: The longer you wait, the more difficult it is to connect your injury to the original incident.
Insurance delays: Insurance providers may stall or deny coverage if too much time has passed.
Quick action helps ensure you get the treatment, support, and compensation you deserve, without giving insurers or third parties an advantage.
Coordinating Workers’ Comp and Third-Party Claims
In Idaho, it is legal—and common—for injured workers to pursue both a workers’ comp claim and a third-party lawsuit. However, coordination is key:
Workers’ comp may place a lien on your third-party recovery to recoup some of what they’ve paid
A third-party settlement may affect your future workers’ comp benefits
Failing to disclose one claim while pursuing the other can cause legal complications
An experienced attorney can help you navigate these overlapping systems without jeopardizing your benefits. This coordination is especially important for long-term injuries that involve multiple parties and evolving medical conditions.
What to Do After a Jobsite Injury in Idaho
To protect your rights and avoid missing critical deadlines:
- Seek medical attention immediately and notify your employer
- Document the scene with photos, witness names, and written notes
- File a workers’ comp claim through the Idaho Industrial Commission
- Consult with an attorney to evaluate any third-party liability
- Track all expenses, missed workdays, and communications
The sooner you speak with a lawyer, the sooner you’ll know your legal options—and how to act within Idaho’s deadlines.
Trusted Legal Guidance for Idaho’s Injured Workers
At Shep Law Group, we understand how overwhelming the aftermath of a job site injury can be. Between medical bills, paperwork, and lost income, it’s easy to lose track of what needs to be done—and when. That’s where we step in.
Our team has extensive experience representing Idaho construction workers and injured employees. We help clients understand their rights under Idaho workers’ compensation, identify third-party negligence, and meet every legal deadline for filing their claim.
If you’ve been hurt on the job, don’t wait. Let us help you protect your rights, pursue full compensation, and avoid costly mistakes that could affect your future.
