Workers Compensation Law: Utah

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STATE Q&A
Workers’ Compensation Laws: Utah
by Christina M. Jepson, Parsons Behle & Latimer, with Practical Law Labor & Employment
Status: Law stated as of 26 Jul 2021 | Jurisdiction: United States, Utah
This document is published by Practical Law and can be found at: us.practicallaw.tr.com/w-010-3301
Request a free trial and demonstration at: us.practicallaw.tr.com/about/freetrial
Overview of State Workers’
Compensation Law
1. Please provide a brief description of
employers’ obligations under your state’s
workers’ compensation law (for example,
obtaining workers’ compensation coverage,
posting a notice to employees). Please also:
• Identify which employers are covered by the law and
whether there are any exemptions.
• Describe any limits or restrictions placed on covered
employers (for example, prohibitions on terminating
employees while they are receiving workers’
compensation benefits or restrictions on when
covered employers can use workplace drug tests).
• Identify which employees are covered by the law and
whether there are any exceptions. Are independent
contractors and interns covered by the law?
• State whether the law provides for a private right of
action.
• Identify the state agency or entity that administers
the law.
Description
Obtaining Workers’ Compensation
Under Utah’s Workers’ Compensation Act (UWCA),
covered employers must secure payment of workers’
compensation for injured workers:
• Through the Workers’ Compensation Fund.
• Through an authorized:
–
– stock corporation; or
–
– mutual association.
• By being self-insured.
(Utah Code § 34A-2-201.)
Notice Requirements
Covered employers must post printed or typewritten
notices in conspicuous locations at their place of
business stating that the employer has complied with
the law regarding securing workers’ compensation. If
the employer is self-insured and authorized to directly
compensate injured employees or employees’ dependents,
the notice must state this fact. (Utah Code § 34A-2-204.)
A Q&A guide to workers’ compensation law for employers in Utah. This Q&A addresses Utah
laws requiring workers’ compensation coverage, including the benefits process, penalties for an
employer’s failure to obtain workers’ compensation coverage, and anti-retaliation provisions. Federal,
local, or municipal law may impose additional or different requirements. Answers to questions can be
compared across a number of jurisdictions. Answers to questions can be compared across a number
of jurisdictions (see Workers’ Compensation Laws: State Q&A Tool).
Many states are modifying workers’ compensation laws in response to the occupational risks posed
by the 2019 novel coronavirus disease (COVID-19) pandemic. For information and ongoing updates,
see COVID-19: Employment Law and Development Tracker: State Laws and Directives: Utah.

2 Practical Law
Covered Employers
The UWCA generally defines an employer as anyone who
regularly employs one or more workers or operatives in
the same business, or in or about the same establishment,
under an oral or written contract of hire (Utah Code
§ 34A-2-103(2)(a)). This includes:
• Independent contractors.
• A client under a professional employer organization
agreement.
• Any sole proprietorship, corporation, partnership,
limited liability company, or similar organization that
procures work to be done by a contractor.
• The client of a labor service or temp agency who
employs loaned workers (for joint employer liability,
see Question 12).
(Utah Code § 34A-2-103(2), (3)(a), (7).)
The following are not covered employers under the UWCA:
• A domestic employer who does not employ one or more
workers for more than 40 hours per week.
• An agricultural employer who employs:
–
– only members of their immediate family;
–
– nonimmediate family members who make up less
than $8,000 of the employer’s total annual payroll
for the previous calendar year; or
–
– nonimmediate family members who make up at least
$8,000 but less than $50,000 of the employer’s total
annual payroll, and the employer maintains at least
$300,000 liability insurance and $5,000 for health
care benefits for the nonimmediate family employees.
(Utah Code § 34A-2-103(4), (5).)
In response to the 2019 novel coronavirus disease (COVID-19)
pandemic, Utah enacted legislation effectively expanding
workers’ compensation coverage for first responders (see
Question 4: Key Terms of Art). Beginning April 23, 2020,
for workers’ compensation purposes, a first responder
performing the services of a first responder, even if these
services are performed for minimal or no compensation
or on a volunteer basis, is considered an employee of the
entity for whom the first responder provides those services
(Utah Code § 34A-3-205). An entity for whom a first
responder provides first responder services for minimal or no
compensation or on a volunteer basis must pay any:
• Excess premium necessary for workers’ compensation, if
the first responder is primarily employed other than as a
first responder.
• Premium necessary for workers’ compensation, if the
first responder has no employment other than as a first
responder.
(Utah Code § 34A-3-205(2)(b).)
Limits or Restrictions for Covered
Employers
The law voids the following agreements:
• Any contract between employers and employees to
waive the employee’s right to compensation under the
UWCA or the Utah Occupational Disease Act.
• An employee’s agreement to pay any portion of the
insurance premium required for securing workers’
compensation.
(Utah Code § 34A-2-108.)
Covered employers that are not self-insured may not pay
for workers’ compensation benefits directly to or for an
employee (Utah Code § 34A-2-201.3(1)).
In addition, employers may not:
• Construct, occupy, or maintain any unsafe place of
employment.
• Require or knowingly permit an employee to be in an
unsafe place of employment.
• Fail to provide or use, remove, disable, or bypass safety
devices and safeguards.
• Fail to obey rules or orders of the commission.
• Fail to adopt and use methods and processes adequate
to create a safe workplace.
• Neglect to do everything reasonably necessary to
protect the life, health, and safety of employees.
(Utah Code § 34A-2-301.)
Prior to May 8, 2018, the UWCA did not specifically
prohibit retaliation against an employee who files a
workers’ compensation claim or testifies in a workers’
compensation proceeding, although Utah courts had
ruled that an employee terminated for filing a workers’
compensation claim could bring a lawsuit under the
wrongful discharge doctrine. Effective May 8, 2018, the
UWCA bars employers from:
• Knowingly or intentionally interfering with an
employee’s efforts to claim or receive workers’
compensation benefits.
• Retaliating against an employee solely because the
employee has:

3 Practical Law
–
– claimed or attempted to claim workers’ compensation
benefits;
–
– reported an employer’s noncompliance with the law; or
–
– testifies or intends to testify in a worker’s
compensation proceeding.
(Utah Code § 34A-2-114; see Question 10: Anti-Retaliation.)
Covered Employees
With some exceptions, Utah law covers all employees in
the service of covered employers (Utah Code § 34A-2-
104(1)(b)). This includes:
• Those under any contract of hire, whether express,
implied, oral, or written.
• Legally or illegally employed aliens and minors.
• A member of a partnership or owner of a sole
proprietorship who the partnership or sole
proprietorship has elected to include as a covered
employee.
(Utah Code § 34A-2-104(1)(b), (3)(a).)
Exceptions to coverage include:
• Casual employees whose work is not in the usual course
of the trade, business, or occupation of the employer.
• Mine workers covered by the Utah Occupational Disease
Act (UODA), unless the employer provides coverage
under both the UODA and the UWCA.
• Corporate directors and officers whom the corporation
has elected to exclude from coverage, up to a maximum
of five.
• Sales agents or associate brokers:
–
– whose income is “substantially all” from real estate
commissions; and
–
– whose written contract states that the agent or broker
is an independent contractor and not to be treated as
an employee for federal income tax purposes.
• Insurance agents:
–
– whose income is “substantially all” from insurance
commissions;
–
– whose written contract provides that the agent is an
independent contractor and not to be treated as an
employee for federal income tax purposes; and
–
– who can derive income from more than one insurance
company.
• Inmates performing labor at correctional facilities.
• Individuals who own or lease a motor vehicle and
operate the vehicle under a written agreement with
a motor carrier stating that the individual is an
independent contractor.
(Utah Code § 34A-2-104(1)(b)(iii), (2), (4), (5).)
Private Right of Action
Compensation under the UWCA is the exclusive remedy
for employees injured or killed in the course of, because
of, or arising out of employment. However, an employee
or their dependents may file claims for compensation that
fall under the UODA. (Utah Code § 34A-2-105(1).)
Administration
The Utah Labor Commission is responsible for the
administration of the UWCA. The Commission adjudicates
and reviews disputed administrative actions, decisions, or
orders through its Division of Adjudication, commissioner,
and Appeals Board. (Utah Code § 34A-2-112.)
Workers’ Compensation Coverage
2. Please state whether an employer can
opt out of workers’ compensation coverage.
The Utah Labor Commission (Commission) may, on request,
issue a workers’ compensation coverage waiver to a
business entity that:
• Elects not to include an owner, partner, or corporate
officer or director as a covered employee under a
workers’ compensation policy.
• Employs no other employee when the waiver is issued.
• Provides to the Commission:
–
– certain business information, as required under Utah
Code § 34A-2-1004; and
–
– a fee of no more than $50.
(Utah Code § 34A-2-1003(1).)
A worker’s compensation coverage waiver must be
renewed every year (Utah Code § 34A-2-1003(2)(a)).
The waiver becomes invalid and workers’ compensation
coverage is required once the entity employs an employee
other than an owner, partner, or corporate officer or
director (Utah Code § 34A-2-1003(3)).

4 Practical Law
Entities eligible for this waiver commonly include:
• Sole proprietorships with no employees other than the
owner.
• Partnerships with no employees other than the
partners.
• Independent contractors with no employees.
(See Utah Labor Commission: Workers’ Compensation
Coverage Waivers.)
Eligible entities may submit an application for a workers’
compensation coverage waiver or a waiver renewal on the
Commission’s website.
Additionally, Utah employers may choose to self-insure
(see Question 3: Requirements for Self-Insurance).
3. Please describe an employer’s options for
obtaining workers’ compensation coverage. If
an employer can self-insure, please describe
the requirements to qualify to self-insure.
Obtaining Workers’ Compensation
Coverage
Workers’ compensation coverage is mandatory for
all covered employers, with only a few exceptions. An
employer can obtain workers’ compensation insurance
coverage by either:
• Purchasing coverage through the Workers’
Compensation Fund, a nonprofit, quasi-public mutual
insurance fund that provides workers’ compensation
insurance to any Utah employer that pays a premium.
• Purchasing coverage from a stock corporation or mutual
association authorized to sell workers’ compensation
insurance in Utah.
• Obtaining approval from the Utah Labor Commission’s
Division of Industrial Accidents (Division) to operate as a
self-insured employer.
(Utah Code § 34A-2-201.)
Requirements for Self-Insurance
An employer that wishes to self-insure must:
• Submit a completed application form to the Division.
• Pay a $1200 nonrefundable application fee.
• Demonstrate that it has been in business continuously
for five years immediately preceding its application.
• Demonstrate that it has sufficient financial strength and
liquidity to pay its workers’ compensation obligations
promptly and in full.
• Have a credit rating within the two highest composite
credit appraisal ratings and two highest ratings of
estimated financial strength as confirmed by Dun and
Bradstreet or other acceptable credit rating agency.
• Demonstrate its ability to properly administer a self-
insurance program.
• Procure the services of an insurance carrier or adjusting
company to administer claims and establish reserves,
or demonstrate that it has sufficient competent staff to
perform these tasks.
• Maintain within Utah a knowledgeable contact
concerning claims and a toll-free number, or accept
a reasonable number of collect calls from injured
employees.
• Register a designated agent in Utah to receive required
notices under the Utah Workers’ Compensation Act or
Utah Occupational Disease Act.
(Utah Admin. Code r. 612-400-3; Utah Labor Commission:
What is Self-Insurance.)
Once granted, authorization for self-insurance must be
renewed annually (Utah Admin. Code r. 612-400-3(D)).
An entity may appeal a Division decision to deny or revoke
self-insurance status by applying for a hearing before the
Utah Labor Commission’s Adjudication Division (Utah
Admin. Code r. 612-400-3(H)).
4. Please identify which workplace injuries
and illnesses are covered by workers’
compensation. If there are key terms of art,
please define them.
Workplace Injuries and Illnesses
The Utah Workers’ Compensation Act (UWCA) covers:
• Personal injuries by accident arising out of and in the
course of employment and deaths that result from these
injuries.
• Permanent hearing loss due to harmful industrial noise
or direct head injury (Utah Code § 34A-2-503(1)).
• Physical, mental, or emotional injuries related to mental
stress, when there is a sufficient legal and medical
causal connection between the employee’s injury and
employment (Utah Code § 34A-2-402(1)).

5 Practical Law
Compensable mental stress claims do not include:
• Good faith employer actions, for example:
–
– disciplinary actions;
–
– work evaluations;
–
– job transfers;
–
– layoffs;
–
– demotions;
–
– promotions;
–
– terminations; or
–
– retirements.
• Practices that are otherwise causes of action, for
example:
–
– discrimination;
–
– harassment; or
–
– unfair labor practices.
(Utah Code § 34A-2-402(4), (5).)
Compensable injuries covered under the UWCA do not
include diseases, unless the disease resulted from an
injury (Utah Code § 34A-2-102(k)(ii)). Occupational
diseases are covered under the Utah Occupational
Disease Act (Utah Code §§ 34A-3-101 to 34A-3-113).
On April 23, 2020, Utah enacted legislation creating a
rebuttable presumption that, for workers’ compensation
purposes, first responders who contracted COVID-19 did
so during the course of their duties as a first responder
(Utah Code § 34A-3-202). The legislation applies to
claims resulting from employment or service:
• On or after March 21, 2020.
• Before June 1, 2021.
(Utah Code § 34A-3-203(1).)
The date of accident for a first responder who contracts
COVID-19 is presumed to be the earlier of the day on
which the first responder is:
• Diagnosed with COVID-19.
• Unable to work because of a symptom of a disease that
is later diagnosed as COVID-19.
• Terminated, if the first responder is diagnosed with
COVID-19 within two weeks after the day on which
the first responder’s employment or service as a first
responder terminates.
(Utah Code § 34A-3-203(2).)
Key Terms of Art
Key terms of art include:
• Compensable injury. Personal injuries by accident
arising out of and in the course of employment. This
includes injuries caused by the willful act of a third
person directed against an employee because of the
employee’s employment, but does not include diseases
unless the disease is a result of the injury. (Utah
Code § 34A-2-102(k)(i), (ii).)
• Employer. A person or entity, including public
utilities and independent contractors, that regularly
employs one or more workers in the same business
or establishment, under any contract of hire, is
considered an employer (Utah Code § 34A-2-103(2)(a)).
A contractor, subcontractor, and all persons employed
by the contractor or subcontractor, are considered
employees of the original employer if the employer:
–
– retains supervision or control over the contractor’s
work; and
–
– the contractor’s work is a part or process in the trade
or business of the employer.
(Utah Code § 34A-2-103(7)(a)(ii).)
• First responder. Includes:
–
– an emergency responder as defined in Utah
Code § 34A-2-102(h); or
–
– a health care provider as defined in Utah Code § 26-21-2.
(Utah Code § 34A-3-201(1)(b).)
• Impairment. A purely medical condition, either
temporary or permanent, that reflects an anatomical
or functional loss or abnormality (Utah Code §§
34A-2-102(1)(i)).
• Impairment Rating. A physician-provided conversion of
an injured employee’s permanent losses into numerical
values determining the amount of time during which
the employee will receive compensation (see Utah
Labor Commission’s Supplemental Impairment Rating
Guides).
• Physician. Any health care provider that is licensed as:
–
– a medical doctor;
–
– a podiatrist;
–
– a physical therapist;
–
– an osteopath;
–
– a dentist;
–
– a dental hygienist;

6 Practical Law
–
– a physician assistant;
–
– a naturopath;
–
– an acupuncturist;
–
– a chiropractor; or
–
– an advanced practice registered nurse.
(Utah Code § 34A-2-111(1)(b).)
Workers’ Compensation Benefits
5. Please briefly describe the workers’
compensation benefits process. Please
include information on:
• When an employee must notify an employer of an
injury or illness.
• When an employer must submit information about
an injury or illness to its carrier or the state agency
or entity.
• When a decision on compensation must be made.
• The standard of review for determinations on
compensation.
• If a decision can be appealed, how a party appeals.
Benefits Process Overview
In Utah, the benefits process begins when an injured
worker reports a workplace injury or illness to the worker’s
employer. Unless the injury requires only first aid, the
employer must report an employee injury to either:
• Its workers’ compensation insurance carrier.
• Its claims administrator, in the case of a self-insured
employer.
The insurance carrier or the claims administrator
then submits an injury report form to the Utah Labor
Commission’s (ULC’s) Division of Industrial Accidents
(Division). A physician treating the injured employee
must submit a physician’s initial report form to the ULC,
indicating the time that the employee has lost from work.
After receiving the employer’s injury report and
physician’s initial report, the insurer investigates the
injury and decides whether to accept or deny the
workers’ compensation claim. An employee appealing
a denial may apply for a hearing before the ULC’s
Adjudication Division. Decisions from the Adjudication
Division may be appealed to either:
• The Labor Commissioner.
• The Appeals Boards.
A first responder making a claim related to contraction of
COVID-19 must provide their employer or insurer with a
copy of either:
• The positive laboratory test.
• The written documentation of a physician’s diagnosis.
(Utah Code §§ 34A-3-201(2) and 34A-3-202(2).)
This documentation of a COVID-19 diagnosis creates
a rebuttable presumption that the first responder
contracted the disease during the course of performing
their duties (Utah Code § 34A-3-202(2)).
Notifying the Employer
An injured employee, their next of kin, or their attorney
must promptly notify their employer of an injury
arising out of and in the course of employment (Utah
Code § 34A-2-407(2)). An employee who fails to notify
their employer or the Division of an injury within 180 days
after the injury occurs is barred from claiming workers’
compensation benefits (Utah Code § 34A-2-407(3)).
Though the Utah Workers’ Compensation Act does
not cover diseases that do not result from workplace
injuries, the 180-day reporting requirement also applies
to occupational diseases under the Utah Occupational
Disease Act (Utah Code § 34A-3-108(2)(a)).
In the case of occupational diseases or occupational hearing
loss, the 180-day time period begins to run on the date the
employee either first:
• Suffers disability from the occupational disease or
altered hearing.
• Knows or should have known through the exercise of
reasonable diligence that the occupational disease or
hearing loss was caused by their employment.
(Utah Code §§ 34A-3-108(2)(b) and 34A-2-506.)
An employee may use any method to report an injury to
an employer, who is considered to have notice of a work
injury on the earliest of:
• Observation of the injury.
• Verbal or written notice of the injury from any source.
• Receipt of any other information sufficient to warrant
further inquiry by the employer.
(Utah Admin. Code r. 612-200-1(A)(3).)

7 Practical Law
In addition, the occurrence of any of the following constitutes
notification of an employee’s injury:
• The employer files an employer’s report with the
Division or the employer’s workers’ compensation
insurance carrier (Insurance Carrier).
• A physician files an injury report with the Division, the
employer, or the employer’s Insurance Carrier.
• A workers’ compensation Insurance Carrier files a report
with the Division.
• The employer or the employer’s Insurance Carrier issues
payment of any medical or disability benefits.
(Utah Code § 34A-2-407(4).)
When to Submit Information
First Report of Injury or Illness
Except for injuries treated only by first aid, an employer
must report each employee work injury within seven days
after receiving notice of the injury, as follows:
• An employer with workers’ compensation insurance
must report the injury to its insurance carrier.
• A self-insured employer must report the injury to its
claims.
• Uninsured employers must report the injury directly to
the Division.
(Utah Admin. Code r. 612-200-1(A)(2).)
Except for injuries treated only by first aid, the insurance
carrier, self-insured claims administrator, or uninsured
employer must submit a First Report of Injury to the
Division within 14 days after receiving initial notice of the
injury (Utah Admin. Code r. 612-200-1(B)).
An employer or insurance carrier who files a report for a
work-related fatality or work-related injury resulting in
medical treatment, loss of consciousness, loss of work,
restriction of work, or transfer to another job must provide
the injured employee with:
• A copy of the report submitted to the Division.
• A statement from the Division informing the employee
of their rights and responsibilities related to the injury.
(Utah Code § 34A-2-407(6).)
Physician’s Initial Report
A medical provider treating an injured employee for a
work-related injury must file a Physician’s Initial Report of
Work Injury or Occupational Disease with the ULC within
seven days of treating the employee.
When a Decision Must Be Made
Within 21 days after receiving initial notice of the reported
work injury, an insurance carrier, self-insured employer, or
uninsured employer must:
• Complete an investigation.
• Accept or deny workers’ compensation liability.
(Utah Admin. Code r. 612-200-1(C)(1).)
If the investigating entity is unable to complete its
investigation within the 21-day time period despite
reasonable diligence, it may obtain a 24-day extension by:
• Completing and submitting a Notice of Further
Investigation of Workers’ Compensation Claim to the
Division.
• Notifying the claimant of the continued investigation.
(Utah Admin. Code r. 612-200-1(C)(1)(a).)
Standard of Review
Generally, a compensable injury under the Workers’
Compensation Act must be a personal injury arising
out of and in the course of employment, which may
include a disease resulting from the injury (Utah
Code § 34A-2-102(1)(k)(ii)).
The injured employee or their representative must prove by
a preponderance of the evidence all of the facts necessary
to support an award of compensation, including whether
an injury or death resulted from an accident that occurred
during the course of employment (Lipman v. Indus.
Comm’n, 592 P.2d 616, 618 (Utah 1979); Chase v. Indus.
Comm’n, 17 P.2d 205, 208 (Utah 1932)). The same is true
for occupational disease claimants (Chadwick v. Indus.
Comm’n, 572 P.2d 400, 401 (Utah 1977); Grasteit v. Indus.
Comm’n, 290 P. 764, 767 (Utah 1930)).
Physical, mental, and emotional injuries related to mental
stress that arise out of and in the course of employment
are compensable only when “there is a sufficient legal
and medical causal connection between the employee’s
injury and employment” (Utah Code § 34A-2-402(1)). The
claimant must prove by a preponderance of the evidence:
• Legal causation. Extraordinary mental stress resulted
from a sudden stimulus that arose predominantly
and directly from the individual’s employment (Utah
Code § 34A-2-402(2)(a)).

8 Practical Law
• Medical causation. Physical, mental, or emotional
injury medically caused by the mental stress that is the
legal cause of the injury (Utah Code § 34A-2-402(3)).
Appealing a Decision
There are four levels of appeal for a workers’
compensation claim in Utah:
• The ULC’s Adjudication Division.
• The ULC or the Appeals Board.
• The Utah Court of Appeals.
• The Utah Supreme Court.
A party wishing to appeal an employer or insurance
carrier’s workers’ compensation or occupational disease
claim decision must file an application for hearing with the
ULC’s Division of Adjudication (Utah Code § 34A-2-801(1)).
An administrative law judge must issue a decision no later
than 60 days after the date of the hearing, unless either:
• The parties agree to a longer time period.
• Meeting the 60-day requirement is impractical.
(Utah Code § 34A-2-801(3).)
Decisions from the Adjudication Division may be appealed
to the Labor Commissioner or Appeals Board (Utah
Code § 34A-2-801(4)). The commissioner must hear the
appeal unless the party requests that the case be heard by
the Appeals Board.
The Commissioner or Appeals Board must issue a final
ruling within 90 days (unless the parties agree to a
longer time period or meeting the 90-day requirement
is impractical) and promptly notify the parties (Utah
Code § 34A-2-801(6), (7)).
The losing party has the right to appeal final rulings from
the Labor Commissioner or the Appeals Board to the
Utah Court of Appeals, provided that the notice of appeal
is filed within 30 days of the commissioner or Appeals
Board’s written ruling (Utah Code § 34A-2-801(9)(a)).
A workers’ compensation ruling from the Utah Court of
Appeals may be appealed to the Utah Supreme Court.
The ULC may award an add-on fee to be paid by the
insurance carrier if:
• A medical claim is at issue.
• The carrier issues an unconditional denial of the claim.
• The employee hires an attorney to represent them
during the formal adjudicative process.
• After the carrier issues the unconditional denial:
–
– the ULC orders the carrier to pay the medical claim; or
–
– the carrier agrees to pay the medical claim.
• Any award of indemnity compensation in the case is less
than $5,000.
(Utah Code § 34A-1-309(2).)
An add-on fee award:
• Is in addition to:
–
– the amount awarded for the medical claim or
indemnity compensation; and
–
– attorneys’ fees.
• Will be the lesser of:
–
– 25% of the medical expenses awarded or $25,000 for
a case that is resolved at the ULC level;
–
– 30% of the medical expenses awarded or $30,000
for a case that is resolved on appeal before the Utah
Court of Appeals; or
–
– 35% of the medical expenses awarded or $35,000
for a case that is resolved on appeal before the Utah
Supreme Court.
(Utah Code § 34A-1-309(3).)
6. Please state whether the employer
or employee has the right to choose the
treating physician.
In Utah, insurance carriers and self-insured employers
may adopt a health care plan with a preferred provider
program, requiring that employees use preferred provider
physicians and healthcare facilities, but that program must
allow the employee to select more than one physician
within the relevant specialty required for treating the
employee’s specific injury (Utah Code § 34A-2-111(2)(b)(i)).
Employers may also have an onsite healthcare facility,
or contract with other healthcare facilities, and require
employees to first seek treatment at the provided or
contracted facility. (Utah Code § 34A-2-111(2)(b)(iv).)
Employees subject to a preferred provider plan must use
preferred providers unless:
• The employee requires emergency treatment and the
preferred provider is unavailable for any reason.
• The employee has a condition which they believe in
good faith is not work-related.

9 Practical Law
• An employee living in a rural area would be unduly
burdened by travel to the preferred provider or health
care facility.
(Utah Code § 34A-2-111(2)(b)(v).)
An employee may change health care providers one time
without permission from the insurance carrier or payor.
They must promptly report this change to the payor. If the
employee seeks any subsequent changes of provider after
this one-time change, they must first request approval
from the payor. If the payor denies the change or fails
to respond, the worker may seek authorization from
the director of the Utah Labor Commission’s Division of
Industrial Accidents. Failure to obtain approval before
changing health care providers may result in the employee
being held personally liable for the non-approved
provider’s fees. (Utah Admin. Code r. 612-300-2(D).)
The following circumstances do not constitute a change of
provider requiring approval:
• A treating physician’s referral of the injured worker to
another health care provider for treatment or consultation.
• Transfer of treatment from an emergency room to a
private physician, unless the emergency room was
designated as the payor’s preferred provider.
• Medically necessary emergency treatment.
• A change of physician necessitated by the treating
physician’s failure or refusal to rate a permanent partial
impairment.
(Utah Admin. Code r. 612-300-2(D)(1).)
7. If an employee can be required to submit
to a medical examination, please identify
which party is responsible for the cost of the
examination.
In Utah, the employer or insurer may require the medical
examination of an injured worker at any reasonable time
and place. The results of the examination must be made
available to the Utah Labor Commission on request. (Utah
Admin. Code r. 612-300-2(H).)
The Utah Labor Commission’s Division of Adjudication may
require an employee to submit to a medical examination:
• On the filing of a claim arising out of and in the course
of employment for accidental disability or death.
• If the employer or the employer’s insurance carrier
denies liability for a workers’ compensation claim.
(Utah Code § 34A-2-601(1)(a).)
The expenses for these medical examinations are paid
from the Uninsured Employers’ Fund established in Utah
Code § 34A-2-704 (Utah Code § 34A-2-601(2)(i)).
8. Please describe the types of benefits
available to injured employees. For each,
please:
• State whether there is a waiting period before an
employee is eligible to receive the benefit. If there is
a waiting period, please identify the timeframe.
• Provide a brief description of how the benefit is
calculated.
Benefits Available to Injured Employees
Employees are eligible for the following workers’
compensation benefits in Utah:
• Medical care, which pays reasonable expenses for the
necessary care to treat the employee’s work injury or
illness, including the cost of:
–
– hospital visits;
–
– nurse services;
–
– prosthetics; and
–
– medication.
• Temporary total disability compensation for the time
that an employee cannot work because of a work injury
or illness, until the employee returns to work or reaches
medical stability. If an employee obtains light duty
medical release before reaching a fixed state of recovery
but no light duty employment from the employer
is available, the employee may continue to receive
temporary disability benefits (Utah Code § 34A-2-410(2)).
• Temporary partial disability compensation when the
employee’s work injury or illness prevents him from
earning their full regular wage while he is in recovery.
• Permanent partial disability compensation when the
employee’s work injury or illness leaves him with a
permanent impairment. This compensation begins
when the employee’s doctor determines that he has
reached medical stability and continues for as long
as the employee’s impairment rating qualifies him for
permanent partial disability.
• Permanent total disability compensation when the
employee’s work-related injury or illness results in a
permanent disability that prevents him from returning
to their former position or performing any other work
reasonably available to the employee.

10 Practical Law
• Death and burial benefits when an employee dies from
a work-related injury or illness.
(Utah Labor Commission Division of Industrial Accidents,
Employee’s Guide to Workers’ Compensation.)
A first responder who contracts COVID-19 but only
performs the services of a first responder for minimal or
no compensation or on a volunteer basis may receive an
amount of workers’ compensation that is either:
• Based on the first responder’s primary employment, if
the first responder is primarily employer other than as a
first responder.
• The minimum benefit, if the first responder has no
employment other than as a first responder.
(Utah Code § 34A-3-205(2)(a).)
Employers may enter into agreements for other
compensation or benefits in addition to those laid out
by the Utah Workers’ Compensation Act or the Utah
Occupational Disease Act (Utah Code § 34A-2-419(1)(a)).
Waiting Period and Timeframe
Compensation is not paid to employees for the first three
days after the injury, unless the disability period lasts
more than 14 days (Utah Code § 34A-2-408).
An insurance carrier or self-insured employer has 21 days
after receiving notice of the work-related injury or illness to
accept, deny, or further investigate a workers’ compensation
claim. Further investigations may take up to an additional
24 days. (See Question 5: When a Decision Must Be Made.) If
the claim is accepted, compensation is generally issued every
two weeks (Utah Labor Commission Division of Industrial
Accidents, Employees’ Guide to Workers’ Compensation).
The employee must:
• File for workers’ compensation benefits within six years
of the accident.
• Prove they are entitled to compensation within 12 years
of the accident.
(Utah Code § 34A-2-417(2)(a)).
For the period of time for which eligible employees may
receive various workers’ compensation benefits, see
Calculation of Benefits.
Calculation of Benefits
Medical Care
The employer or the insurance carrier must:
• Pay reasonable sums for necessary:
–
– medical, nurse, and hospital services;
–
– medicines; and
–
– artificial means, appliances, and prostheses.
(Utah Code § 34A-2-418(1).)
• Pay for the replacement of any artificial means or
appliances, including eyeglasses, that are broken or lost
in a compensable accident (Utah Code § 34A-2-418(4)).
• If required by an administrative law judge, maintain
or replace any worn or broken artificial means or
appliances (Utah Code § 34A-2-418(5)).
Temporary Total Disability
In cases of total temporary disability, the injured worker
receives two-thirds of their average wage, but may not
receive:
• More than 100% of the state average weekly wage at
the time of the injury per week.
• Less than the minimum of $45 per week.
The employee may also receive $20 a week for:
• A dependent spouse.
• Each of up to four dependent children under the age of 18.
(Utah Code § 34A-2-410(1)(a).)
Eligible employees are entitled to receive up to 312 weeks
of temporary total disability over a period of 12 years from
the date of the injury (Utah Code § 34A-2-410(1)(b)).
Temporary Partial Disability
In cases of partial temporary disability, the injured worker
receives weekly:
• Two-thirds of the difference between their average
weekly wages before the accident and the weekly wages
the worker is able to earn after the accident, but no
more than 100% of the state average weekly wage at
the time of injury.
• $20 for a dependent spouse and $20 for each of up to
four dependent children under the age of 18, but no
more than 100% of the state average weekly wage at
the time of injury.
(Utah Code § 34A-2-411(1).)
Weekly payments must not exceed 312 weeks or continue
more than 12 years after the injury (Utah Code
§ 34A-2-411(3)). An injured employee whose physical
condition resulting from the injury is not completely

11 Practical Law
healed 12 years after the date of the injury may try to
obtain temporary partial disability for work done at any
time prior to the 12 years after the injury occurred by
filing an application for a hearing with the Utah Labor
Commission (Utah Code § 34A-2-411(2)).
Permanent Partial Disability
Employees who are permanently partially disabled
due to an industrial accident may receive a permanent
partial disability award determined by the Utah Labor
Commission (Utah Code § 34A-2-412(1)).
Eligible employees may receive two-thirds of the
employee’s average weekly wages, but may not receive:
• More than two-thirds of the state weekly average wage
per week.
• Less than a minimum of $45 per week.
Employees are also entitled to $20 for:
(Utah Code § 34A-2-412(3)(a).)
Permanent partial disability may be paid in addition to
temporary total disability and temporary partial disability
(Utah Code § 34A-2-412(3)(b)(ii)).
Permanent partial disability is paid for a period of weeks
determined by the schedule set out in Utah Code § 34A-
2-412(4). The schedule ranges from one week for the loss
of a lesser toe at the distal interphalangeal joint to 218
weeks for the loss of an arm and shoulder.
Permanent partial disability payments may not:
• Exceed 312 weeks.
• Be paid for any preexisting impairment.
(Utah Code § 34A-2-412(6)(c).)
Permanent Total Disability
Employees who suffer from a permanent total disability as
a result of a work-related accident or occupational disease
are entitled to 312 weeks of pay at two-thirds of the
employee’s average weekly wage, but may not receive:
• More than 85% of the state average weekly wage.
• Less than $45 per week.
Employees are also entitled to $20 per week for:
This number must not exceed 85% of the state average
weekly wage or the employee’s average weekly wage at
the time of the injury.(Utah Code § 34A-2-413(2)(a), (b).)
After the initial 312 weeks, the employee is entitled to
minimum weekly compensation of 36% of the current
state average weekly wage, rounded to the nearest dollar
(Utah Code § 34A-2-413(2)(c)).
An employee claiming permanent total disability must:
• Prove their disability by a preponderance of the
evidence (Utah Code § 34A-2-413(1)(b)).
• Accept any reasonable, medically appropriate, part-
time work (Utah Code § 34A-2-413(6)(b)).
Benefits begin on the date that the employee acquired the
permanent total disability and ends with either:
• The death of the employee.
• When the employee is capable of returning to regular,
steady employment.
(Utah Code § 34A-2-413(6)(a).)
Death and Burial Benefits
Workers’ compensation covers up to $9,000 in funeral and
burial expenses for employees who die from a work-related
injury or illness (Utah Labor Commission Industrial Accidents
Division, Employee’s Guide to Workers’ Compensation).
In the case of an employee’s death, benefits are paid
to the employee’s surviving dependent spouse and to
any dependent children, with an equal share for each
dependent (Utah Code § 34A-2-414(1)). These benefits
consist of 66 2/3% of the employee’s average weekly
wage at the time of the injury, and may not:
• Exceed 85% of the state average weekly wage at the
time of the injury per week.
• Be less than $45 per week, plus $20 per week for:
–
– A dependent spouse.
–
– Each dependent minor child, up to a maximum of four
dependent minor children.
• Exceed the employee’s average weekly wage at the time
of the injury.
(Utah Code § 34A-2-702(5)(b).)
A surviving spouse who remarries may receive, in a lump
sum, the lesser of either:
• The balance of the unpaid weekly compensation
payments from the date of remarriage to the end of
312 weeks from the date of the fatal injury.

12 Practical Law
• An amount equal to 52 weeks of compensation at the
weekly rate the surviving spouse is receiving at the time
of remarriage.
(Utah Code § 34A-2-414(6)(a).)
Penalties
9. Please describe the possible penalties,
both civil and criminal, for an employer’s
failure to obtain workers’ compensation
coverage or post a required notice.
Civil Penalties
Any employer that deducts any portion of the workers’
compensation insurance premium from the employee’s
pay is:
• Guilty of a misdemeanor.
• Subject to fines of up to $100 for each offense.
(Utah Code § 34A-2-108(3).)
If an injury is caused by an employer’s willful failure to
comply with the law, rules, or orders of the commission,
or the employer’s own written workplace safety
programs, compensation is increased by 15% (Utah
Code § 34A-2-301(2)).
The Utah Labor Commission’s Division of Industrial
Accidents (Division) may issue a written notice of
noncompliance if it has reason to believe that an
employer is operating without providing for workers’
compensation coverage. If the employer does not
remedy its noncompliance within 15 days after receiving
the notice, the Division may require it to appear
before the Division and show cause for why it should
not comply with workers’ compensation laws. (Utah
Code § 34A-2-211(1).) The Division may also impose a
penalty of the greater of:
• $1000.
• Three times the amount of the premium the employer
would have paid for workers’ compensation during the
period of noncompliance.
(Utah Code § 34A-2-211(2).)
The Utah Labor Commission may bring suit in a state
court to enjoin employers from further operation of
business for as long as the employer fails to provide for
the payment of benefits (Utah Code § 34A-2-210(1)).
In addition to the civil penalties imposed by the state,
noncompliant employers may be liable in civil actions
brought by employees for damages that are both:
• Suffered through injuries that arise out of or in the
course of employment.
• Caused by the employer or its officers, agents, or
employees’ wrongful acts, neglect, or default.
(Utah Code § 34A-2-207(1)(a).)
Noncompliant employers are not entitled to the usual
protections against suits by employees and may not use
any of the following defenses:
• The fellow-servant rule.
• Assumption of risk.
• Contributory negligence.
(Utah Code § 34A-2-207(1)(b).)
Employees who file suit against a noncompliant employer
are entitled to necessary costs and a reasonable attorneys’
fee (Utah Code § 34A-2-207(4)).
Criminal Penalties
An employer who fails to comply with the Workers’
Compensation Act, along with every officer of a
noncompliant corporation or association, is guilty of a
class B misdemeanor. Each day the employer or officer
fails to comply constitutes a separate offense. (Utah
Code § 34A-2-209(1))
Employers who deduct any portion of the workers’
compensation insurance premium from the
employee’s pay are guilty of a misdemeanor (Utah
Code § 34A-2-108(3)(a)).
It is a criminal offense in Utah to commit workers’
compensation fraud by intentionally, knowingly, or
recklessly:
• Depriving, or devising a scheme to deprive, an employee
of workers’ compensation coverage or workers’
compensation benefits through a false or fraudulent
pretense, representation, promise, or material omission.
• Obtaining, or devising a scheme to obtain, workers’
compensation insurance coverage at a rate that does
not reflect the risk, industry, employer, or class code
that the insurance coverage actually covers.
• Misclassifying, or devising a scheme to misclassify, an
employee to avoid workers’ compensation insurance
coverage obligations.

13 Practical Law
• Using, or devising a scheme to use, workers’ compensation
coverage waivers to deprive an employee of workers’
compensation coverage.
(Utah Code § 34A-2-110(2).)
A person is guilty of:
• A class A misdemeanor if:
–
– the total value of the workers’ compensation coverage
and benefits withheld are worth less than $1,000; or
–
– the number of employees not properly covered by
insurance coverage is less than five.
• A third-degree felony if:
–
and benefits withheld are equal to or greater than
$1,000 but less than $5,000; or
–
– the number of employees not properly covered is
equal to or greater than five but less than 50.
• A second-degree felony if:
–
and benefits withheld are equal to or greater than
$5,000; or
–
– the number of employees not properly covered is
50 or more.
(Utah Code § 34A-2-110(3)(c)(ii).)
Anti-Retaliation
10. If your state’s workers’ compensation
law prohibits retaliation, please include
information on:
• What specific acts are protected.
• How retaliation is defined.
• What elements must be proven for an employee to
prevail on a retaliation claim.
• The defenses, if any, that are available to employers.
• The statute of limitations for bringing a retaliation
claim.
Protected Acts
Prior to May 8, 2018, the Utah Workers’ Compensation
Act (UWCA) did not include an anti-retaliation provision.
Rather, the Utah Supreme Court recognized a wrongful
discharge cause of action for employees who are
fired for exercising their rights under Utah’s workers’
compensation laws (Touchard v. La-Z-Boy Inc., 148 P.3d
945, 954 (Utah 2006)).
Effective May 8, 2018, the Act bars employers from:
• Knowingly or intentionally:
–
– impeding or diminishing an employee’s efforts to
claim or receive workers’ compensation benefits; or
–
– intimidating, coercing, or harassing an employee
with the intent of preventing the employee from
making a claim or receiving workers’ compensation
benefits.
• Retaliating against an employee solely because the
employee has:
–
– claimed or attempted to claim workers’ compensation
benefits;
–
– reported an employer’s noncompliance with the
workers’ compensation law; or
–
– testifies or intends to testify in a worker’s
(Utah Code § 34A-2-114(1), (2).)
Employers in violation of the UWCA’s anti-interference or
anti-retaliation provisions may be subject to a fine of up to
$5,000 (Utah Code § 34A-2-114(3)).
Retaliation Definition
Prior to May 8, 2018, the UWCA did not include a
retaliation provision. The Utah Supreme Court had held
that the retaliatory firing of an employee who exercises
workers’ compensation rights supports a wrongful
discharge cause of action. Wrongful discharge includes
constructive discharge, which occurs when an employee
resigns under working conditions that a reasonable
employee would consider intolerable. (Touchard, 148
P.3d at 954.) In Touchard, the Utah Supreme Court
declined to extend the wrongful discharge cause of
action to retaliatory harassment or discrimination based
on an employee’s pursuit of a workers’ compensation
claim (148 P.3d at 955).
Effective May 8, 2018, the UWCA bars employers from
knowingly or intentionally interfering with an employee’s
ability to seek workers’ compensation benefits, and from
retaliating against an employee.
Under the statute, interference means:
• Impeding or diminishing an employee’s efforts to claim
or receive workers’ compensation benefits.

14 Practical Law
• Intimidating, coercing, or harassing an employee with
the intent of preventing the employee from making a
claim or receiving workers’ compensation benefits.
(Utah Code § 34A-2-114(1).)
The statute provides a non-exclusive list of actions that
constitute retaliation, including:
• Suspension.
• Discharge.
• Discipline.
• Threats to discharge or discipline.
(Utah Code § 34A-2-114(2).)
Elements of a Retaliation Claim
Under Utah common law, to establish a prima facie case
of wrongful discharge in the workers’ compensation
context, the employee must show that:
• The employer terminated or constructively discharged
the employee.
• The employee exercised their rights under the UWCA.
• The termination or constructive discharge was causally
connected to the employee’s exercise of their rights
under the UWCA.
(Touchard, 148 P.3d at 955, 960.)
Effective May 8, 2018, an employer violates Utah
Code § 34A-2-114 if they:
• Knowingly or intentionally interfered with an employee’s
ability to seek workers’ compensation benefits.
• Suspended, discharged, disciplined, threatened to
discharge or discipline, or otherwise retaliated against
an employee solely because the employee:
–
– sought workers’ compensation benefits;
–
– reported the employer’s noncompliance with the
workers’ compensation law; or
–
– testified or intended to testify in a workers’
(Utah Code § 34A-2-114(1), (2).)
Defense
Under Utah common law, if an employee successfully
establishes a prima facie case of wrongful discharge,
the employer must provide a legitimate reason for the
discharge. The employee then has the burden of proving
that their exercise of their workers’ compensation rights
was a “substantial factor” in the employer’s motivation to
discharge the employee. (Ryan v. Dan’s Food Stores, Inc.,
972 P.2d 395, 405 (Utah 1998).)
Statute of Limitations
Under Utah common law, a retaliation claim can be
brought as a wrongful discharge cause of action. In
Utah, the statute of limitations is four years for causes of
action without a specific statute of limitations, including
wrongful discharge. (Utah Code § 78B-2-307(3).)
Workers’ Compensation Exclusivity
11. Please identify the types of claims that
are barred by workers’ compensation law. If
there are exceptions, please identify them.
Generally, Utah’s workers’ compensation law is the
exclusive remedy for workers injured on the job. There
is an exception to the exclusive remedy provision if an
employee can prove that the injury was caused by an
intentional tort with an “intent to injure” (Helf v. Chevron,
203 P.3d 962 (2009)).
Utah employees are barred from pursuing negligence
claims against an employer to recover damages for injuries
sustained on the job (Utah Code § 34A-2-105). However,
this bar does not apply where the injury or death was not
self-inflicted, and the employer was legally obligated to but
failed to obtain insurance or to self-insure. In these cases,
the employee or their dependents may file an application
for compensation with the Utah Labor Commission’s
Division of Adjudication. (Utah Code § 34A-2-208(1).)
Willful Misconduct
Except in cases where the injury resulted in death or
where the employer permitted, encouraged, or had
actual knowledge of the behavior, Utah law precludes
compensation for an injury where the major contributing
cause of the employee’s injury is:
• The employee’s knowing use of a controlled substance
that they did not obtain with a valid prescription.
• The employee’s intentional abuse of a controlled
substance that they obtained with a valid prescription.
• Intoxication from alcohol with a blood or breath alcohol
concentration of 0.05 grams or greater, as shown by a
chemical test.
(Utah Code § 34A-2-302(3)(b)(i), (4).)

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Compensation may be reduced by 15% if:
• The injury was caused by the employee’s willful failure to:
–
– use safety devices that the employer provided; or
–
– obey any order or reasonable safety rule that the
employer adopted.
(Utah Code § 34A-2-302(3)(a).)
• A contributing cause, but not the major contributing
cause, of the injury was the employee’s:
–
– knowing use of a controlled substance not obtained
with a valid prescription;
–
– intentional abuse of a controlled substance with a
valid prescription; or
–
– intoxication from alcohol with a blood or breath
alcohol concentration of 0.05 grams or greater.
(Utah Code § 34A-2-302(3)(b)(ii), (4).)
Joint Employer Liability
12. Please state whether your jurisdiction
recognizes joint employment under
workers’ compensation law. If so:
• Can more than one employer receive the protection
of the workers’ compensation benefits bar to claims?
• If available, please briefly describe the standard to
determine joint employer status.
Joint Employment
Utah recognizes joint employment for workers’ compensation
purposes (Kinne v. Indus. Comm’n, 609 P.2d 926, 928 (Utah
1980)).
Protection for Multiple Employers
If a party engages a contractor over whose work they
retain supervision or control, and the work is a “part or
process in the trade or business of the employer,” they are
the employer of:
• The contractor.
• The contractor’s employees.
• The contractor’s subcontractors and their employees.
(Ghersi v. Salazar, 883 P.2d 1352, 1355 (Utah 1994).)
For example, if a labor service or temp agency (a “general
employer”) loans an employee to a “special employer”
for the performance of work, then the loaned employee,
with respect to that work, is the employee of the “special
employer” for whom the work is performed (Ghersi, 883
P.2d at 1356).
Under Utah’s loaned employee doctrine, if an employee is
employed by a general employer and a special employer
at the time of the injury, both employers are jointly liable
for workers’ compensation. Both employers receive
the protection of the exclusive remedy provision if they
meet their obligation to provide workers’ compensation
insurance. (Ghersi, 883 P.2d at 1357.)
Standard for Joint Employer Status
An employee is a loaned employee working for both a
general employer and a special employer if:
• The employee has made a contract of hire, express or
implied, with the special employer.
• The work that the employee does is essentially that of
the special employer.
• The special employer has the right to control the details
of the work.
(Ghersi, 883 P.2d at 1356-57.)
The loaned employee doctrine does not apply only to
temporary help agencies or other labor services. An
employer that “performs work for its own customers” may
loan employees to a special employer. (Hardman v. Specialty
Serv., 177 F.3d 921, 924-25 (10th Cir. 1999).)
Additional Resources
13. If the state agency charged with
oversight of the workers’ compensation law
in your state has useful online guidance
or forms, please provide the link for those
resources and a brief description of them.
The Utah Labor Commission’s Industrial Accidents
Division provides useful guidance on Utah workers’
compensation law on its website.

Workers Compensation Law: Utah

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