72-205. PUBLIC EMPLOYMENT GENERALLY — COVERAGE. The following shall constitute employees in public employment and their employers subject to the provisions of this law:
(1) Every person in the service of the state or of any political subdivision thereof, under any contract of hire, express or implied, and every official or officer thereof, whether elected or appointed, while performing his official duties, except officials of athletic contests involving secondary schools, as defined by section 33-119, Idaho Code.
(2) Every person in the service of a county, city, or any political subdivision thereof, or of any municipal corporation.
(3) Participants in the Idaho youth conservation project under the supervision of the Idaho state forester.
(4) Every person who is a volunteer emergency responder shall be deemed, for the purposes of this law, to be in the employment of the political subdivision or municipality where the department, agency or organization is organized.
(5) Every person who is a regularly enrolled volunteer member or trainee of the department of disaster and civil defense, or of a civil defense corps, shall be deemed, for the purposes of this law, to be in the employment of the state.
(6) Members of the Idaho national guard while on duty and employees of or persons providing voluntary service to an approved Idaho national guard morale, welfare, and recreational activity. No Idaho compensation benefits shall inure to any such member, employee or volunteer or their beneficiaries for any injury or death compensable under federal law.
(7) A community service worker, as that term is defined in section 72-102, Idaho Code, is considered to be an employee in public employment for purposes of receiving worker’s compensation benefits, which shall be the community service worker’s exclusive remedy for all injuries and occupational diseases as provided under chapters 1 through 8, title 72, Idaho Code.
(8) Every person who participates in a youth employment program funded in whole or in part by state or federal money and administered by a state or federal agency or a nonprofit corporation or entity.
(9) A work experience student, as that term is defined in section 72-102, Idaho Code, who does not receive wages while participating in the school’s work experience program shall be covered by the school district’s policy or by the Idaho higher education policy when the work experience student is not covered by the private or governmental entity that is the student’s work experience employer.
History:
[72-205, added 1971, ch. 124, sec. 3, p. 422; am. 1972, ch. 136, sec. 1, p. 302; am. 1981, ch. 190, sec. 1, p. 335; am. 1989, ch. 155, sec. 13, p. 393; am. 1989, ch. 200, sec. 1, p. 500; am. 1990, ch. 301, sec. 1, p. 831; am. 1990, ch. 335, sec. 2, p. 915; am. 2007, ch. 90, sec. 32, p. 267; am. 2008, ch. 369, sec. 2, p. 1013.; am. 2011, ch. 42, sec. 1, p. 97; am. 2013, ch. 46, sec. 2, p. 100; am. 2018, ch. 39, sec. 1, p. 99.]
Structure Idaho Code
Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION
Chapter 2 - SCOPE — COVERAGE — LIABILITY
Section 72-201 - DECLARATION OF POLICE POWER.
Section 72-202 - INTERSTATE COMMERCE.
Section 72-203 - EMPLOYMENTS COVERED.
Section 72-204 - PRIVATE EMPLOYMENT — COVERAGE.
Section 72-205 - PUBLIC EMPLOYMENT GENERALLY — COVERAGE.
Section 72-206 - IDAHO YOUTH CONSERVATION PROJECT — COVERAGE.
Section 72-207 - PUBLIC EMPLOYMENT — RELIEF WORK.
Section 72-208 - INJURIES NOT COVERED — WILLFUL INTENTION — INTOXICATION.
Section 72-209 - EXCLUSIVENESS OF LIABILITY OF EMPLOYER.
Section 72-210 - EMPLOYER’S FAILURE TO INSURE LIABILITY.
Section 72-211 - EXCLUSIVENESS OF EMPLOYEE’S REMEDY.
Section 72-212 - EXEMPTIONS FROM COVERAGE.
Section 72-213 - ELECTION OF EXEMPT COVERAGE.
Section 72-214 - REVOCATION OF ELECTION.
Section 72-217 - EXTRATERRITORIAL COVERAGE.
Section 72-219 - INJURIES IN TRANSITORY EMPLOYMENT IN IDAHO.
Section 72-220 - LOCALE OF EMPLOYMENT.
Section 72-221 - COVERAGE FOR INJURIES OR OCCUPATIONAL DISEASES OUTSIDE STATE PRESUMED.
Section 72-222 - RECIPROCAL RECOGNITION OF EXTRATERRITORIAL COVERAGE WITH OTHER JURISDICTIONS.
Section 72-223 - THIRD PARTY LIABILITY.
Section 72-225 - MINOR EMPLOYEE.
Section 72-226 - INSANE PERSON’S COMPENSATION PAYABLE TO GUARDIAN.
Section 72-227 - DOUBTFUL RIGHTS SUBJECT TO COMMISSION’S DETERMINATION.
Section 72-228 - PRESUMPTION FAVORING CERTAIN CLAIMS.