Workers' Compensation Law Basics

Contact legal counsel to determine your specific legal rights and obligations under the law.

Utah Code

1. Employees covered by UBIC can collect benefits for job-related injuries or diseases without regard to fault.
2. Employees who collects workers' compensation benefits usually forego civil action against the employer.
3. Chapters 2 and 3 of Title 34A of the Utah Code contain the Utah Workers Compensation Act and Occupational Disease Act.
4. Chapter 8 of Title 34A of the Utah Code contain the Utah Injured Worker Re-employment Act.
5. Sections R602 and R612 of the Utah Administrative Code contain Workers' compensation administrative rules
6. Employees working in other states must comply with the workers' compensation laws of those states.

Employer Responsibilities

1. Employers must obtain coverage for all employees from a licensed workers' compensation insurance carrier, or by establishing a self-funded program authorized by the Labor Commission.
2. Employers of independent contractors may be considered statutory employers of the independent contractors and their employees or subcontractors.

Employees Covered

1. Aliens and minors, whether legally or illegally working for hire are considered employees and coverage is required.
2. Coverage for sole proprietors and partners of a partnership is not required.
3. Independent contractors, their employees and subcontractors are statutory employees of an employers who hires them for work in the employer's trade or business.

Out-of-State Workers

1. Employees who are injured while working outside Utah are covered if an employee is hired or regularly employed in Utah.
2. Injuries received within six months after leaving Utah are generally covered.
3. Employees injured while temporarily working in another state may collect benefits under the other state's workers' compensation laws, but the following states won't take jurisdiction over a Utah employee injured while temporarily working in their state: California, Idaho, Maryland, Montana, Nevada, North Dakota, Oregon, South Dakota, Tennessee, Texas, West Virginia and Wyoming.
4. Utah employers with employees working temporarily or permanently in other states must comply with the laws of the other states.

Injuries and Diseases Covered

1. If the accident was not purposely self-inflicted, all employee injuries which occur by accident, arising out of and in the course of employment are covered by Utah's workers' compensation laws.
2. Occupational diseases or illnesses which arises out of or in the course of employment and are medically caused or aggravated by that employment are covered.

Labor Commission

1. The Utah Labor Commission ensures that Utah employers have workers' compensation insurance or an authorized self-funded program
2. They adjudicates disputes between injured employees and their insurance carriers.
3. Contact the Utah Labor Commission at 801.530.6800, 160 East 300 South, P.O. Box 146610, Salt Lake City, Utah 84114-6610.
4. If an employee's claim for workers' compensation coverage is denied by the employer or insurance carrier, the employee can file an Application for Hearing with the Utah Labor Commission.
5. An Administrative Law Judge (ALJ), presiding over a hearing may appoint a Medical Panel to evaluate the evidence and submit a medical opinion.
6. Appeals can be made to the Labor Commissioner or the Appeals Board, a division of the Labor Commission.