Idaho Code
Idaho Code § 72-218 (2026)
Award subject to credit for benefits furnished or paid under laws of other jurisdictions.
✓ current as of May 2026
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Award subject to credit for benefits furnished or paid under laws of other jurisdictions.
The payment or award of benefits under the workmen’s compensation law of another state, territory, province or foreign nation to an employee or his dependents otherwise entitled on account of such injury, occupational disease or death to the benefits of this law shall not be a bar to a claim for benefits under this law, provided that claim under this law is filed within two (2) years after the accident causing such injury, or manifestation of such disease, or death. If compensation is paid or awarded under this law:
(1) The medical and related benefits furnished or paid by the employer under such other workmen’s compensation law on account of such injury, occupational disease, or death shall be credited against the medical and related benefits to which the employee would have been entitled under this law, had claim been made solely under this law;
(2) The total amount of all income benefits paid or awarded the employee under such other workmen’s compensation law shall be credited against the total amount of income benefits which would have been due the employee had claim been made solely under this law;
(3) The total amount of death benefits paid or awarded under such other workmen’s compensation law shall be credited against the total amount of death benefits payable under this law.
Notes of Decisions
Cited in 2
cases, 1991–2008 · leading case: Hansen v. Est. of Harvey, 806 P.2d 426 (Idaho 1991).
Hansen v. Est. of Harvey, 806 P.2d 426 (Idaho 1991). “Indeed, the court explicitly relies upon its belief that the plaintiffs could have brought an Idaho workers' compensation claim when all in the same breath the Court precludes this tort action from going to trial: "Under I.”
Page v. McCain Foods, Inc., 179 P.3d 265 (Idaho 2008). “We note that this rule is inconsistent with the law insofar as it conflicts with the statutory language in I.C. § 72-218 and, thus, does not govern.”
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