Boise Workers’ Comp Q&A: What Type of Employments Do Not Benefit from Coverage?
Workers’ compensation aims to protect all workers who incur injuries in the course of their employment. However, there are exceptions to the rule. The best strategy for workmen who incur injuries is to consult a Boise workers’ comp lawyer. A lawyer will review the case details, consider the stipulations of the law and asses eligibility.
Idaho Law – Workmen Categories a Workers’ Compensation Lawyer in Boise Can Help
Title 72, Chapter 2 of Idaho Statutes covers eligibility. According to it, both private and public sector employees benefit from coverage. As any workers’ compensation attorney in Boise may confirm, the coverage refers to work-related injuries only.
The law defines private sector employees as:
- Persons performing services in the course of an employer’s trade, profession, occupation, or business.
- Persons, including minors, in an employer’s implied or express service. The section includes persons under a contract of hire, apprentices, and any assistants and helpers. The condition is for them to receive some form of payment. Also, the employer should have actual or constructive knowledge of their existence.
- Officers of corporations.
Note: Employment refers to the specific profession, trade, occupation, or business the employer carries.
The definition for public sector employees is:
- Persons serving the state or political subdivisions, under an express or implied contract.
- All officials and officers appointed or elected
- Any person serving a county, city, their political subdivision, of a municipal corporation.
- Anyone participating in the Idaho youth conservation project and supervised by the state forester.
- Volunteering emergency responders
- Regular volunteers or trainees of the disaster and civil defense department or of a civil defense corps
- Idaho national guard members and employees and volunteers of approved Idaho national guard morale, welfare, and recreational activities.
- Community service workers as defined in statutes section 72-102
- Participants in youth employment programs wholly or partially funded or administrated by the state a federal agency, NGO, or entity.
- Work experience students who are not remunerated for participation in the school’s program.
Workers’ compensation coverage is not available in cases involving intentional injuries or intoxication with drugs or alcohol. It is not uncommon for insurance companies to investigate cases and try to prove such instances. That is why employees injured during their employment would benefit from consulting a workers’ comp attorney in Boise.
Exceptions, or When a Boise Workers’ Comp Lawyer May Not be Able to Help
Idaho Workers’ Compensation law also provides a list of exemptions. Any Boise workers’ comp attorney knows that the persons in the following categories do not benefit from coverage:
- Household domestic servants
- Casual employees
- Employer’s family members dwelling on their house when the employer is a sole proprietor or taxed as such
- Employer family members performing other activities when the employer is the sole proprietorship and the employees have given up coverage
- Sole proprietorship owners
- Working members of partnerships or limited liability companies
- Officers or corporations members who own more than 10% of corporation stock
- Aircraft pilots applying treatment to agricultural crops who have industrial commission-approved coverage
- Associate real estate salesmen and brokers remunerated only by commission
- Volunteer ski patrollers
- Secondary school athletic contest officials
These exemptions do not apply to employers engaged in these occupations who have elected coverage and filed surety with the commission. Persons in this category should contact a workers’ comp lawyer in Boise and claim compensation for their injuries.
Employers are also liable to the employees of their contractors and subcontractors who do not provide adequate coverage. The employee may only receive benefits from one party. Employers paying benefits to their contractors’ employees may recover their costs from the contractor.
Of course, these are just the general stipulations of the law. Other exemptions may apply as well. A Boise workers’ compensation lawyer will be able to assess how they apply to a particular case. Those who are not sure of their eligibility for workers’ compensation benefits should schedule a consultation.
Let an Experienced Boise Workers’ Comp Attorney Review Your Case
If you were injured at work and want to know if you’re eligible for compensation, we can help. Call 208-314-3188 and schedule a FREE case review. Our Boise workers’ comp lawyer will review your case, answer your questions, and guide your future steps. We have extensive experience in handling workers’ compensation claims for both private and public sector employees. We will gladly use our experience in your interest.