Idaho Code
Idaho Code § 72-216 (2026)
Contractors.
✓ current as of May 2026
Find cases:
SyfertCases citing this section
IClegislature.idaho.gov
Justiaon Justia
CornellLII Search
CasesGoogle Scholar
Contractors.
(1) Liability of employer to employees of contractors and subcontractors. An employer subject to the provisions of this law shall be liable for compensation to an employee of a contractor or subcontractor under him who has not complied with the provisions of section 72-301 in any case where such employer would have been liable for compensation if such employee had been working directly for such employer.
(2) Liability of contractors and subcontractors. The contractor or subcontractor shall also be liable for such compensation, but the employee shall not recover compensation for the same injury from more than one party.
(3) Subrogation.
(a) The employer who shall become liable for and pay such compensation may recover the same from the contractor or subcontractor for whom the employee was working at the time of the accident causing the injury or manifestation of the occupational disease.
(b) The contractor who shall become liable for and pay such compensation may recover the same from the subcontractor for whom the employee was working at the time of the accident causing the injury or manifestation of the occupational disease.
Notes of Decisions
Cited in 30
cases (7 in the last 5 years), 1983–2023 · 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 clearly and unambiguously "excludes employers described in Idaho Code § 72-216 and owners and lessees of premises.”
Fuhriman v. State, 153 P.3d 480 (Idaho 2007). “3d at 396 (citing I.C. §§ 72-216, 72-102, 72-223; Robison, 139 Idaho at 210-11 , 76 P.”
Peone v. Regulus Stud Mills, Inc., 744 P.2d 102 (Idaho 1987). “*111 Idaho Code § 72-216 (1973) contemplates that one cannot escape liability merely by hiring a contractor.”
Kolar v. Cassia Cnty. Idaho, 127 P.3d 962 (Idaho 2005). “Idaho Code § 72-216 imposes liability on employers “for compensation to an employee of a contractor or subcontractor under him who has not complied with the provisions of section 72-301 in any case where such employer would have been liable for such compensation if such employee…”
Venters v. Sorrento Delaware, Inc., 108 P.3d 392 (Idaho 2005). “I.C. §§ 72-216, -102, -223; Robison, 139 Idaho at 210-11 , 76 P.”
Smith v. Excel Fabrication, LLC, 535 P.3d 1098 (Idaho 2023). “; see also I.C. § 72-216. The case contains no reference to independent contractors and instead simply refers to the various entities as contractors and subcontractors.”
Kelly v. TRC Fabrication LLC, 487 P.3d 723 (Idaho 2021). “§ 72-223; see also I.C. § 72-216. Kentucky’s use of “services” in defining a contractor echoes that of Idaho Code section 72-102(13)(a), which uses “services” in defining an employer.”
Blake v. Starr, 203 P.3d 1246 (Idaho 2009). “Blake argues, however, that the definition of employers in I.C. §§ 72-216 and 72-223(1) are mutually exclusive.”
Runcorn v. Shearer Lumber Prods., Inc., 690 P.2d 324 (Idaho 1984). “§ 72-223 provides that the workmen’s compensation law does not disturb the injured employee’s right to sue a third party for “legal liability to pay damages,” and further that “[s]uch third party shall include those employers described in section 72-216, having under them…”
Alcala v. Verbruggen Palletizing Solutions, Inc., 531 P.3d 1085 (Idaho 2023). “Such third party shall not include [(1)] those employers described in section 72-216, Idaho Code, having under them contractors or subcontractors who have in fact complied with the provisions of section 72-301, Idaho Code; nor include [(2)] the owner or lessee of premises, or…”
Spencer v. Allpress Logging, Inc., 11 P.3d 475 (Idaho 2000). “I.C. § 72-216. Spencer claims that Weyerhaeuser is liable because Weyerhaeuser is the employer who contracted with Schilling and who *861 also subcontracted with Allpress who hired Spencer.”
Krinitt v. Idaho Dep't of Fish & Game, 398 P.3d 158 (Idaho 2017). “Statutory employers under the first category are employers “described in section 72-216, Idaho Code, having under them contractors or subcontractors who have in fact complied with the provisions of section 72-301, Idaho Code.”
— Idaho Code § 72-216(1) — 18 cases
Robison v. Bateman-Hall, Inc., 76 P.3d 951 (Idaho 2003). “§ 72-223 clearly and unambiguously "excludes employers described in Idaho Code § 72-216 and owners and lessees of premises.”
Venters v. Sorrento Delaware, Inc., 108 P.3d 392 (Idaho 2005). “I.C. §§ 72-216, -102, -223; Robison, 139 Idaho at 210-11 , 76 P.”
Kelly v. TRC Fabrication LLC, 487 P.3d 723 (Idaho 2021). “§ 72-223; see also I.C. § 72-216. Kentucky’s use of “services” in defining a contractor echoes that of Idaho Code section 72-102(13)(a), which uses “services” in defining an employer.”
Fuhriman v. State, 153 P.3d 480 (Idaho 2007). “3d at 396 (citing I.C. §§ 72-216, 72-102, 72-223; Robison, 139 Idaho at 210-11 , 76 P.”
Fulfer v. Sorrento Lactalis, Inc., 520 P.3d 708 (Idaho 2022).
— Idaho Code § 72-216(2) — 1 case
Alcala v. Verbruggen Palletizing Solutions, Inc., 531 P.3d 1085 (Idaho 2023). “Such third party shall not include [(1)] those employers described in section 72-216, Idaho Code, having under them contractors or subcontractors who have in fact complied with the provisions of section 72-301, Idaho Code; nor include [(2)] the owner or lessee of premises, or…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.