Idaho Code

Idaho Code § 72-210 (2026)

Employer’s failure to insure liability.

✓ current as of May 2026

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Employer’s failure to insure liability.

If an employer fails to secure payment of compensation as required by this act, an injured employee, or one contracting an occupational disease, or his dependents or legal representative in case death results from the injury or disease, may claim compensation under this law and shall be awarded, in addition to compensation, an amount equal to ten per cent (10%) of the total amount of his compensation together with costs, if any, and reasonable attorney’s fees if he has retained counsel.

Notes of Decisions

Cited in 20 cases (1 in the last 5 years), 1975–2022 · leading case: Heese v. A & T Trucking, 635 P.2d 962 (Idaho 1981).

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Heese v. A & T Trucking, 635 P.2d 962 (Idaho 1981). · cites it 26× “This worker’s compensation appeal centers on the constitutionality and application of I.C. § 72-210, which provides: “72-210. EMPLOYER’S FAILURE TO INSURE LIABILITY.”

Mortimer v. Riviera Apts., 840 P.2d 383 (Idaho 1992). · cites it 28× “According to I.C. § 72-210: If an employer fails to secure payment of compensation as required by this act, an injured employee may claim compensation under this law and shall be awarded, in addition to compensation, an amount equal to ten percent (10%) of the total amount of…”

Medrano v. Neibaur, 40 P.3d 125 (Idaho 2002). · cites it 16× “In her findings, the referee found that based on the fee agreement, the amount of time Pena spent on the case, and the amount awarded to Medrano, attorney fees in the amount of $250.”

Jones v. Emmett Manor, 997 P.2d 621 (Idaho 2000). · cites it 14× “Because the employer did not have its insurance obligations covered under the worker’s compensation act at the time of the accident, the Commission awarded attorney fees, costs and a penalty against the employer pursuant to I.C. § 72-210. The employer appealed, asserting that…”

Thom v. Callahan, 540 P.2d 1330 (Idaho 1975). · cites it 8× “18 Appellant maintains the Commission erred in awarding a penalty and attorney’s fee pursuant to I.C. § 72-210. I.C. § 72-301 requires employers to secure payment of compensation by (1) obtaining workmen’s compensation insurance [I.”

Stoica v. Pocol, 39 P.3d 601 (Idaho 2001). · cites it 6× “The Commission also determined that the employer, Pocol, was liable under I.C. § 72-210 for attorney fees and costs and a ten percent penalty.”

Swenson v. Est. of Craner, 785 P.2d 621 (Idaho 1990). · cites it 8× “Swenson has requested attorney fees on this appeal by reason of the Commission's award of attorney fees and I.C. § 72-210. I.C. § 72-210 provides: 72-210.”

Iverson v. Gordon Farming Co., Inc., 650 P.2d 669 (Idaho 1982). · cites it 4× “"I.C. § 72-210, the specific section invoked by the commission to impose the penalty in this case, is unambiguous.”

Stolle v. Bennett, 156 P.3d 545 (Idaho 2007). · cites it 2× “Moreover, under the Worker’s Compensation Act, employers who fail to procure liability insurance are subject to a statutory penalty pursuant to I.C. § 72-210. 2 The burden of proof is a matter of statute and this Court has no authority to revise the statute.”

Armbrister v. Hanny Custom Farming, 844 P.2d 13 (Idaho 1992). · cites it 12× “00 in attorney fees pursuant to I.C. § 72-210, based upon the fact that Hanny was not insured for worker’s compensation.”

Brannon v. Pike, 737 P.2d 459 (Idaho 1987). · cites it 4× “§ 72-804 provides that, under certain circumstances, an employee claimant is to be awarded attorney fees from an employer not dealing in good faith with the claim.”

Vickers v. Hanover Const. Co., Inc., 875 P.2d 929 (Idaho 1994). · cites it 2× “Following Vickers’ death, Vickers’ estate, wife, and children (Claimants) were granted worker’s compensation benefits through Pyramid’s worker’s compensation insurance coverage. Claimants petitioned the Industrial Commission for an order requiring that Pyramid and Weightman pay…”

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