Idaho Workers’ Compensation Laws Require a Physical Injury
An injured worker in Idaho must suffer a physical injury for a psychological condition like PTSD, Depression, or Anxiety to be compensable under a workers’ compensation claim. Idaho Code Section 72-451 reads: “Psychological injuries, disorders or conditions shall not be compensated under this title, unless… caused by accident and physical injury…”
First Responders and Psychological Injuries
This requirement of Idaho law can be especially unfair to Idaho’s first responders who routinely put themselves in harm’s way and encounter situations that result in mental health injuries.
Thankfully, there are first responders who are trying to change Idaho’s law to help those first responders who dedicate so much to our society at such a great cost to themselves and their families. An article about one such first responder ran in the Idaho Press. Click here to read the article.
If You’ve Been Hurt at Work
Whether a work injury, and especially a psychological injury, is payable under Idaho’s workers’ compensation laws is a complex legal question that requires legal analysis. If you’ve been hurt at work and have questions about your workers’ compensation claim, contact Goicoechea Law at 208.743.2313 now.
5 Star Idaho Work Injury Review
Michael Kessinger is one of the best. Yes I never thought I would need a lawyer but he’s more than that. Michael and Erica has been like family to me for over 4 an a half years..after my car wreck in November 15 2013 they have stood by me and made sure my best interests was taken care of.. They have went above what most Lawyers would do for their clients.. I don’t know what would have happened to me if it was for them.. All I can say if you need a lawyer that’s willing to go out of his way to make sure you get what you deserve he’s the one that will do it for you.. I can say God saved me the day of my wreck. And Michael Kessinger was there to make sure that I would be taking care of too.. God bless you Michael and Erica for everything you have done for me. I want ever forget yall. You will always be family to me and will always be in my prayers.
We came to Craig asking how to handle an accident that nearly took the life of my wife and 3 of our children. We had been dealing with recovery and healing for over 3 years but couldn’t get the insurance company to come to any terms we felt were fair. Craig stepped in, laid out the case and we settled within a few months. Very professional, very fair and very willing to help.
5 Star Review
Craig, Bailee and the team are awesome! They are with you every step of the way and are very professional! Thank you so much for assisting me with my case and they would not give up until I won, I would recommend Goicoechea law to anyone!! They will fight for your case!! Thanks again!! Cori P!!
If you’ve suffered a work injury, been in a car accident, or been denied Social Security Disability, contact Goicoechea Law Offices to see if we can help. Call 208.743.2313 or visit us online.
Annual Idaho State Bar Workers Compensation Seminar
I spoke at the Annual Idaho State Bar Workers Compensation Seminar last week. I saw Workers’ compensation insurance adjusters, Idaho Industrial Commission referees and employees, attorneys representing Idaho’s injured workers, lawyers representing the insurance industry, and more at the training. A full day of training reaffirmed that Idaho Work Comp Is Complex!
Attorneys, insurance adjusters, and Industrial Commission employees all know Idaho’s work comp system is complicated. Idaho’s injured workers are the only people in Idaho’s workers’ compensation system that don’t receive training and education.
If you have been hurt at work in Idaho, contact an experienced workers’ compensation attorney to help you through Idaho’s complex workers’ compensation system. For a free case review, contact me, Michael Kessinger, at Goicoechea Law Offices in Lewiston at 208.743.2313 or click here.
In Idaho, Insurance Companies Pick An IME Doctor
A complaint our attorneys hear often is: “The insurance company picked the doctor. It’s not fair.” It is common knowledge that Idaho work comp insurance companies repeatedly use the same doctors to examine injured workers. Referred to by the insurance company as “independent medical evaluators” or IME doctors, these doctors consistently give opinions that result in denied claims and lost work comp benefits.
Idaho Law allows insurance companies to pick a doctor to examine an injured worker. Idaho Code 72-433 requires injured workers to submit to examination with a doctor selected by the insurance company or lose workers’ comp benefits.
It is understandable why injured employees find this process unfair. After all, the insurance company doctor often disagrees with the recommendations of an injured worker’s treating physician.
The consequences of an insurance medical examination (referred to as an “independent medical examination” or “IME” by the insurance company) can be catastrophic for injured workers. The insurance company often terminates the income benefits that the injured worker is relying on to survive. What is more, Idaho workers’ compensation insurance companies regularly terminate medical benefits following an IME. This leaves an injured worker without income and without hope that they can medically recover from a work injury.
This Woman Lost 10 Years Battling a System Where Insurers Call the Shots documents the struggles insurance medical evaluators create for Hawaii’s injured workers. The system the article documents are very similar to the predicament Idaho’s injured workers face as a result of insurance medical evaluations.
Can An Idaho Workers’ Compensation Lawyer Help?
If you have been hurt at work and sent to an insurance medical evaluation, you probably don’t like what the insurance doctor had to say. Our attorneys work against the work comp insurance companies’ hired guns on a daily basis. Contact our work comp attorneys to see if we can help you.
It’s Not Just Idaho
As attorneys representing Idaho’s injured workers, we often hear about how unfair Idaho’s Workers’ Compensation system can be. Having handled countless workers compensation claims, our Idaho work comp attorneys have seen unreasonable denials and frustrating delays in workers’ compensation cases.
But, we’re not alone in Idaho. Injured workers in other states face many of the same obstacles encountered by workers’ compensation claimants in Idaho. Honolulu Civil Beat recently investigated the Hawaii workers’ comp system and reported:
“Hawaii’s workers’ comp system forces many injured workers with long-lasting or complex injuries to battle insurance companies and their hand-picked doctors to get treatment and disability payments.” (Read the rest of the article here)
Workers’ Compensation Insurance Company Doctors
The hand-pick doctors discussed in the article above are referred to as independent medical examiners, or IME doctors as the insurance adjusters like to call them, in Idaho. IME doctors generally give opinions that hurt the injured worker and help the insurance company’s bottom line. At Goiocoechea Law Offices, LLP, we are experienced at disputing insurance company doctors.
Has Your Idaho Workers’ Compensation Claim Been Denied?
Our attorneys have been battling workers’ compensation insurance companies in Idaho for decades. We handle cases against work comp insurance companies like the Idaho State Insurance Fund, Liberty Northwest Insurance, Workers Compensation Exchange, Associated Loggers Exchange, the Industrial Special Indemnity Fund, and more.
If you have been hurt at work and need help, contact our experienced work comp lawyers to help you navigate Idaho’s complex legal system. We represent injured workers from the date of the accident until your case is concluded. Contact Goicoechea Law Offices for help now.
With winter here in North Idaho and Eastern Washington, we all need to be extra careful on the roads. Snow, ice, and frost cause countless accidents in Idaho and Washington every winter.
Safe Winter Driving
The Idaho State Police and the Washington State Department of Transportation have both prepared tips on winter driving to help you travel safely and avoid personal injuries in a car crash:
Have You Been Injured In A Car Wreck?
Safe winter driving decreases the likelihood of a car accident and personal injury. As those who live in Idaho and Washington know, however, winter car wrecks happen. If you are injured in a car crash in Idaho or Washington, contact our experienced attorneys to learn about your rights.
Waiting for a Social Security Hearing? Be Prepared to Wait
Let’s face it – Social Security hearing wait times are long! Following the initial denial, the claimant files a Request for Reconsideration. After Social Security denies the reconsideration application , the claimant requests a hearing in front of an administrative law judge.
For someone who lives in North Idaho, expect to wait over a year for your hearing. Residents of North Idaho and Eastern Washington have their Social Security hearings at the Spokane Office of Hearing Operations in Spokane, Washington. The current wait time for a hearing in Spokane, according the the Social Security Administration’s statistics is 14 months. https://www.ssa.gov/appeals/DataSets/01_NetStat_Report.html
If you live in Lewiston, Moscow, Orofino, Grangeville, Kamiah, Coeur d’Alene, Sandpoint, or anywhere else in North Idaho and have been denied Social Security disability, contact Goicoechea Law Offices for a free case review. Our disability attorneys may be able to help you get your Social Security claim approved.
Idaho Work Injuries and Opioid Use
Nationwide there is a discussion about prescribing opioids to treat work injuries. Significant work injuries often cause serious pain. Generally, knee injuries, back injuries, shoulder injuries, etc., that result in surgery also result in prescription medications. Chronic pain also commonly accompanies catastrophic work injuries and is treated with prescription pain killers.
Along with prescription medications come the risks of side effects, addiction, abuse, and overuse. The Idaho Industrial Commission and the Idaho Office of Drug Policy will be discussing opioids as they relate to work injuries on December 5, 2017, at 2 p.m. in Boise.
See the Idaho Industrial Commission flyer for more details.
If you have been hurt at work, contact our experienced attorneys for help at 208.743.2313.