Idaho Code
Idaho Code § 72-211 (2026)
Exclusiveness of employee’s remedy.
✓ current as of May 2026
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Exclusiveness of employee’s remedy.
Subject to the provisions of section 72-223, the rights and remedies herein granted to an employee on account of an injury or occupational disease for which he is entitled to compensation under this law shall exclude all other rights and remedies of the employee, his personal representatives, dependents or next of kin, at common law or otherwise, on account of such injury or disease.
Notes of Decisions
Cited in 32
cases (7 in the last 5 years), 1976–2025 · leading case: Robison v. Bateman-Hall, Inc., 76 P.3d 951 (Idaho 2003).
Robison v. Bateman-Hall, Inc., 76 P.3d 951 (Idaho 2003). “§ 72-223 provides a limited exception to the exclusive remedy rule. Under I.C. § 72-223, an individual's right to receive worker's compensation benefits does not preclude that individual from bringing a civil action for damages against a "third party.”
Hansen v. Est. of Harvey, 806 P.2d 426 (Idaho 1991). “In both Idaho and Washington, pursuant to I.C. § 72-211 [2] and R.C.W. § 51.32.010 [3] , a person injured in the course of employment has only one claim against the employer, and that claim is under the Worker's Compensation Act, not a tort action.”
Baker v. Sullivan, 979 P.2d 619 (Idaho 1999). “shall exclude all other rights and remedies of the employee____” As stated by this Court, “[i]n Idaho, pursuant to I.C. § 72-211, a person injured in the course of employment has only one claim against the employer, and that claim is under the Worker’s Compensation Act, not a…”
Fulfer v. Sorrento Lactalis, Inc., 520 P.3d 708 (Idaho 2022). “I.C. § 72-211 (emphasis added). Idaho Code section 72-209(1) also explains that recourse under Idaho’s Workers’ Compensation laws is the exclusive remedy: “[s]ubject to the provisions of section 72-223, Idaho Code, the liability of the employer under this law shall be exclusive…”
Roe v. Albertson's, Inc., 112 P.3d 812 (Idaho 2005). “2 This section was recodified in 1971 as I.C. § 72-211 and is now titled “Exclusiveness of Employee’s Remedy.”
Peone v. Regulus Stud Mills, Inc., 744 P.2d 102 (Idaho 1987). “§ 72-209(1), and the exclusive remedies of an employee under I.C. § 72-211, are both specifically made "subject to the provisions of section 72-223.”
Blake v. Starr, 203 P.3d 1246 (Idaho 2009). “§ 72-209(1); 1 I.C. § 72-211. 2 It is undisputed that Blake and Starr were working within the normal course and scope of their employment.”
Kearney v. Denker, 760 P.2d 1171 (Idaho 1988). “" I.C. § 72-211. Until it is determined that the employee is entitled to worker's compensation the employee may seek other remedies, such as damages for injuries not subject to the exclusive remedies of the worker's compensation law.”
Maravilla v. J. R. Simplot Co., 387 P.3d 123 (Idaho 2016). “3d 740, 745 (2012) ("[I]n Idaho, pursuant to I.C. § 72-211, a person injured in the course of employment has only one claim against the employer, and that claim is under the Worker’s Compensation Act, not a tort action.”
Venters v. Sorrento Delaware, Inc., 108 P.3d 392 (Idaho 2005). “…representatives, dependents or next of kin, at common law or otherwise, on account of such injury or disease.” I.C. §72-211.”
Kelly v. TRC Fabrication LLC, 487 P.3d 723 (Idaho 2021). “§ 72-209(1); I.C. § 72-211. This is referred to as the “exclusive remedy” rule.”
Sharp v. Thomas Bros Plumbing, 510 P.3d 1136 (Idaho 2022). “” I.C. § 72-211. “Injury” is a defined term meaning “a personal injury caused by an accident arising out of and in the course of any employment covered by the workers’ compensation law.”
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