Idaho Code

Idaho Code § 72-701 (2026)

Notice of injury and claim for compensation for injury — Limitations. 

✓ current as of May 2026
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Notice of injury and claim for compensation for injury — Limitations. 

No proceedings under this law shall be maintained unless a notice of the accident shall have been given to the employer as soon as practicable but not later than sixty (60) days after the happening thereof, and unless a claim for compensation with respect thereto shall have been made within one (1) year after the date of the accident or, in the case of death, then within one (1) year after such death, whether or not a claim for compensation has been made by the employee. Such notice and such claim may be made by any person claiming to be entitled to compensation or by someone in his behalf. If payments of compensation have been made voluntarily or if an application requesting a hearing has been filed with the commission, the making of a claim within said period shall not be required.

Notes of Decisions
Cited in 35 cases (2 in the last 5 years), 1973–2024 · leading case: Bainbridge v. Boise Cascade Plywood Mill, 721 P.2d 179 (Idaho 1986).
Bainbridge v. Boise Cascade Plywood Mill, 721 P.2d 179 (Idaho 1986). · cites it 71× “I.C. § 72-701 contains the statute of limitations applicable to claims for disability resulting from industrial accidents.”
Arel v. T & L Enter., Inc., 189 P.3d 1149 (Idaho 2008). · cites it 48× “—No proceedings under this law shall be maintained unless a notice of the accident shall have been given to the employer as soon as practicable but not later than sixty (60) days after the happening thereof, and unless a claim for compensation with respect thereto shall have…”
Neufeld v. Browning Ferris Indus., 712 P.2d 600 (Idaho 1985). · cites it 20× “Neufeld had not suffered a compensable accident within the meaning of Idaho's Worker's Compensation Act; and that (2) Mr.”
Taylor v. Soran Restaurant, Inc., 960 P.2d 1254 (Idaho 1998). · cites it 16× “The referee concluded that Taylor’s claim was barred by I.C. §§ 72-701 and 72-704, requiring timely notice of an injury and claim *527 for compensation.”
Brooks v. Stand. Fire Ins., 793 P.2d 1238 (Idaho 1990). · cites it 16× “Aetna filed a motion to dismiss on May 26, 1987, on grounds that no Notice and Claim for Benefits was filed within the time specified by I.C. § 72-701. On January 26, 1987, Aetna filed another Motion to Dismiss for lack of standing and lack of subject matter jurisdiction.”
Murray-Donahue v. Nat'l Car Rental Licensee Ass'n, 900 P.2d 1348 (Idaho 1995). · cites it 12× “The Industrial Commission concluded that Murray-Donahue’s claim is barred because she failed to provide adequate notice of her injury within sixty days of the accident as required by I.C. § 72-701. The Commission also ruled that the lack of proper notice resulted in prejudice to…”
Petry v. Spaulding Drywall, 788 P.2d 197 (Idaho 1990). · cites it 20× “Petry, having given oral notice to his employer of his injury at the time it occurred, may still recover Worker's Compensation benefits even though he did not file a Notice of Injury and Claim for Benefits with the Industrial Commission within the time limit prescribed by…”
Page v. McCain Foods, Inc., 109 P.3d 1084 (Idaho 2005). · cites it 6× “I.C. §§ 72-701 through -703 (requiring written notice that provides certain particular information and is delivered to certain persons).”
Hazen v. Gen. Store, 729 P.2d 1035 (Idaho 1986). · cites it 8× “There is nothing in the record to suggest that claimant ever filed a notice of injury or claim for compensation in writing with the Industrial Commission within sixty days, as required by I.C. § 72-701. However, on October 21, 1983, claimant, through her attorney, filed an…”
Hattenburg v. Blanks, 567 P.2d 829 (Idaho 1977). · cites it 6× “At the hearing, held on August 23, 1976, respondents moved to dismiss this action on the ground that appellant had failed to file a claim for compensation within one year of the accident as required by I.C. § 72-701. This appeal is from the order granting that motion.”
Tonahill v. Legrand Johnson Constr. Co., 963 P.2d 1174 (Idaho 1998). · cites it 20× “This is an appeal from a decision of the Industrial Commission (the Commission) that the claimant’s worker’s compensation claim was time barred under Idaho Code § 72-706 (1) or alternatively under I.C. § 72-701. We vacate the decision of the Commission and remand for further…”
Blackwell v. Omark Indus., 752 P.2d 612 (Idaho 1988). · cites it 8× “The Industrial Commission, after conducting a hearing, found that (1) Blackwell failed to prove that he incurred an industrial accident and injury as alleged in his application for hearing; and (2) Blackwell did not give notice of injury to the employer within sixty days as…”
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