Skip to content
MyClaimWorth
ID
★ Idaho · workplace

Workplace settlements
in Idaho.

By 9 min read

Idaho comp pays 67 percent of your average weekly wage, up to 90 percent of the state average. Suing the employer is rare, and two Crookham Company cases show the line. A worker killed by an unguarded drive shaft had her family’s suit revived in 2019, but a worker pulled into the rollers of a homemade machine lost in 2024.

Facts that decide a workplace claim in Idaho

Comp rate67 percent of your average weekly wage, up to 90 percent of the state average; for 2025 injuries the maximum was $965.70 a week. Wage benefits start if you miss more than five days or are hospitalized.Idaho Code §§ 72-408, 72-409; Industrial Commission benefit table
Conscious disregardCourts must consider whether the employer consciously disregarded knowledge that an injury would result, under the physical aggression exception.Gomez v. Crookham Co. (Idaho 2019)
Deadline to sueAn action for personal injury “must commence within two years of the occurrence, act or omission complained of.”Idaho Code § 5-219(4), quoted in Yu v. Idaho State Univ. (Idaho 2019)
★ band · US federal frame
Scheduled statutory benefits, no pain-and-suffering award
Workplace injury (workers compensation)
State workers-compensation schedules; value tracks the impairment rating, the wage rate and future medical, and most claims close by compromise-and-release rather than verdict.

The US band is the starting point. Idaho's fault rule and any applicable cap then adjust the figure.

★ ID · reported workplace outcomes

What Idaho courts have awarded.

Real Idaho decisions and verdicts, each linked to the court record or official report.

  • Idaho Supreme Court · 2019
    Summary judgment reversed in part

    Francisca Gomez worked for the Caldwell seed company for over thirty years. A new picking table had a drive shaft that was not fully guarded, though OSHA had cited Crookham before over guards and lockout procedures. In January 2016, while cleaning under the running table, her hair was caught and she was pulled in and killed. The Supreme Court held the trial court should have considered conscious disregard.

  • Idaho Supreme Court · 2024
    Summary judgment for the employer affirmed

    In November 2018 Dustin Clover rode the rear seat of a drip tape lifter Crookham had built itself. When the tractor stopped he was thrown forward, and the rollers pulled in his left arm and upper torso. He suffered crush injuries, a fractured scapula and a closed head injury. He sued under the physical aggression exception, and the court affirmed judgment for Crookham.

★ ID · workplace · in practice

What changes the number here.

What actually moves a workplace settlement in Idaho.

  1. 1

    File for comp first; suing the employer is possible only in narrow cases.

  2. 2

    Prior OSHA citations for the same hazard were central to Gomez.

  3. 3

    Keep your wage records; the weekly rate depends on your average weekly wage.

★ ID · statute of limitations
2 years from date of injury

Idaho Code § 5-219

★ ID · fault rule
Modified comparative, 50% bar

Modified comparative, recovery barred at 50% claimant fault.

★ ID · caps

What caps recovery.

Statutory caps that may bear on a workplace settlement in Idaho.

★ workplace · same region & fault regime

Compare to like jurisdictions.

How Idaho's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for workplace claims.

JurisdictionFault ruleLimitationWorkplace page
Idaho · you are hereModified comparative, 50% bar2 years from date of injury—
MontanaModified comparative, 51% bar3 years from date of injuryMT · workplace →
NevadaModified comparative, 51% bar2 years for personal injury; 3 years for medical malpracticeNV · workplace →
OregonModified comparative, 51% bar2 years from date of injuryOR · workplace →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · workplace →
WashingtonPure comparative negligence3 years from date of injuryWA · workplace →
WyomingModified comparative, 51% bar4 years from date of injuryWY · workplace →
KansasModified comparative, 50% bar2 years from date of injuryKS · workplace →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · workplace →
NebraskaModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeNE · workplace →
North DakotaModified comparative, 50% bar6 years for personal injury; 2 years for medical malpracticeND · workplace →
IllinoisModified comparative, 51% bar2 years from date of injuryIL · workplace →
IndianaModified comparative, 51% bar2 years from date of injuryIN · workplace →
★ ID · workplace · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ editorial note

Figures on this page are starting points: the US band adjusted for Idaho's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Idaho. See /methodology, /sources, and /disclaimer.