Idaho State Statutes - Idaho Attorney Directory

(1) So long as the
temporary or professional employer, or work site employer, has worker's
compensation insurance covering an injured worker, or is a qualified
self-insurer covering an injured worker under this title:
(a) The work site employer shall have all of the protections and
immunities granted any other employer by this title and shall not be
regarded as a third party under section 72-223, Idaho Code.
(b) The temporary or professional employer shall have all of the
protections and immunities granted any other employer by this title and
shall not be regarded as a third party under section 72-223, Idaho Code,
if it exercised the right of control sufficient to be an employer as
defined in section 72-102, Idaho Code, and insures its worker's
compensation liability accordingly.
(2) Whenever the parties to a temporary or professional employer
arrangement contemplated by subsection (1) of this section comply with that
subsection, no penalties under the worker's compensation law for being
uninsured shall apply to the temporary or professional employer, or the work
site employer, and no violation of any provision of title 41, Idaho Code,
shall occur.
(3) Whenever there is a temporary or professional employer arrangement as
contemplated by subsection (1) of this section, the parties to such
arrangement shall have the option to determine for themselves, in writing,
whether the temporary or professional employer or the work site employer will
be the party to secure liability as required by section 72-301, Idaho Code,
and the party so obligated to secure such liability may do so in any manner
permitted by this title. In the event that the parties to such an arrangement
do not exercise the option provided in this subsection, the obligation to
secure such liability shall be with the temporary or professional employer.

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