Print Friendly HOUSE BILL NO. 680 – Workers comp insurer, recovery
HOUSE BILL NO. 680
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H0680....................................................by HUMAN RESOURCES
WORKER'S COMPENSATION - Amends existing law to provide that the insurer of
an employer or contractor who must assume worker's compensation liability
for an uninsured contractor or subcontractor shall seek recovery against
the contractor or subcontractor.
02/12 House intro - 1st rdg - to printing
02/13 Rpt prt - to HuRes
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fourth Legislature Second Regular Session - 1998
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 680
BY HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO WORKER'S COMPENSATION; AMENDING SECTION 72-216, IDAHO CODE, TO
3 PROVIDE THAT THE INSURER SHALL SEEK RECOVERY AGAINST CONTRACTORS OR SUB-
4 CONTRACTORS WHO ARE UNINSURED AND LIABILITY MUST BE ASSUMED BY THE
5 EMPLOYER OR CONTRACTOR AND TO MAKE TECHNICAL CORRECTIONS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 72-216, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 72-216. CONTRACTORS. (1) Liability of employer to employees of contrac-
10 tors and subcontractors. An employer subject to the provisions of this law
11 shall be liable for compensation to an employee of a contractor or subcontrac-
12 tor under him who has not complied with the provisions of section 72-301
13 , Idaho Code, in any case where such employer would have been liable
14 for compensation if such employee had been working directly for such employer.
15 (2) Liability of contractors and subcontractors. The contractor or sub-
16 contractor shall also be liable for such compensation, but the employee shall
17 not recover compensation for the same injury from more than one (1)
19 (3) Subrogation.
20 (a) The employer who shall become liable for and pay such compensation
21 may recover the same from the contractor or subcontractor for whom the
22 employee was working at the time of the accident causing the injury or
23 manifestation of the occupational disease.
24 (b) The contractor who shall become liable for and pay such compensation
25 may recover the same from the subcontractor for whom the employee was
26 working at the time of the accident causing the injury or manifestation of
27 the occupational disease.
28 (4) In any case when an employer or contractor must assume liabil-
29 ity for an employee of a contractor or subcontractor, and such liability is
30 met by the insurer of the employer or contractor, the insurer shall seek
31 recovery authorized for the employer or contractor from a contractor or sub-
STATEMENT OF PURPOSE
The purpose of this bill is to facilitate the insured and the insurance companies to achieve
compliance with worker's compensation coverage. The bill will have the insurance company
attempt to collect the benefits paid out from the responsible uninsured party.
Name: Representative Tim Ridinger
Statement of Purpose/Fiscal Impact