What are the penalties if I don’t have workers’ compensation insurance?
First of all, if one of your employees is injured and you do not have workers’ compensation insurance in effect at the time of the injury, you can be personally liable for all benefits, including medical and wage loss, provided under the Workers’ Compensation Law. An uninsured employer may also be liable for a penalty of 10% of the amount of medical and wage loss benefits as well as attorney fees if an attorney represents the injured worker. In addition, employers who operate without workers’ compensation insurance can be liable for a penalty of $2.00 per day per employee or $25.00 per day, whichever amount is greater. The Workers’ Compensation Law authorizes the Industrial Commission to file a lawsuit in district court to obtain an injunction prohibiting the employer from operating the business while in violation of the Workers’ Compensation Law. Operating a business without workers’ compensation insurance is a misdemeanor under Idaho law and the employer may be subject to criminal pe
