Workers' Compensation Act

Utah · 34A · §§ 34A-2-1001 to 34A-2-905 · 90 sections

Overview

This act establishes a state's workers' compensation system, defining who qualifies as an employee, how terms such as intoxication apply, which businesses fall outside its reach, and how it interacts with other laws, along with special coverage rules for groups such as emergency response personnel and members of the state's military forces. It places administration of the system in a workers' compensation division housed within the state insurance department, setting the division's duties and prescribing the appointment, qualifications, compensation, removal, and conflict-of-interest restrictions governing the commissioner who leads it, while creating a separate office of injured employee counsel and dividing authority between the insurance and workers' compensation commissioners. It also bars discrimination, fixes the interest or discount rate applied under the system, and requires public interest information, documented complaint handling, and opportunities for public participation.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

In the courts

Sections of this act have been cited in 99 court decisions.

Most-cited authority: 2007 UT 4 - Salt Lake City Corp. v. Labor Commission

Sections covered

Utah Code § 34A-2-1001Title
Utah Code § 34A-2-1002Definitions
Utah Code § 34A-2-1003Issuance of a waiver
Utah Code § 34A-2-1004Information required to obtain a waiver
Utah Code § 34A-2-1005Enforcement
Utah Code § 34A-2-101Title8 cites
Utah Code § 34A-2-102Definition of terms1 cite
Utah Code § 34A-2-103Employers enumerated and defined -- Regularly employed -- Statutory employers -- Exceptions
Utah Code § 34A-2-104"Employee," "worker," and "operative" defined -- Specific circumstances -- Exemptions1 cite
Utah Code § 34A-2-104.5Nongovernment entity volunteers
Utah Code § 34A-2-105Exclusive remedy against employer, and officer, agent, or employee of employer12 cites
Utah Code § 34A-2-106Injuries or death caused by wrongful acts of persons other than employer, officer, agent, or employee of employer -- Rights of employer or insurance carrier in cause of action -- Maintenance of action -- Notice of intention to proceed against third party -- Right to maintain action not involving employee-employer relationship -- Disbursement of proceeds of recovery -- Exclusive remedy
Utah Code § 34A-2-107Appointment of workers' compensation advisory council -- Composition -- Terms of members -- Duties -- Compensation
Utah Code § 34A-2-108Void agreements between employers and employees
Utah Code § 34A-2-109Interstate and intrastate commerce
Utah Code § 34A-2-110Workers' compensation insurance fraud -- Elements -- Penalties -- Notice
Utah Code § 34A-2-111Managed health care programs -- Other safety programs
Utah Code § 34A-2-112Administration of this chapter and Chapter 3
Utah Code § 34A-2-113Designated agent required
Utah Code § 34A-2-114Unlawful interference -- Penalties
Utah Code § 34A-2-201Employers to secure workers' compensation benefits for employees -- Methods1 cite
Utah Code § 34A-2-201.3Direct payments prohibited except by self-insured employer
Utah Code § 34A-2-201.5Self-insured employer -- Acceptable security -- Procedures
Utah Code § 34A-2-202Assessment on self-insured employers including the state, counties, cities, towns, or school districts paying compensation direct
Utah Code § 34A-2-202.5Offset for occupational health and safety related donations
Utah Code § 34A-2-203Payment of premiums for workers' compensation
Utah Code § 34A-2-204Compliance with chapter -- Notice to employees
Utah Code § 34A-2-205Notification of workers' compensation insurance coverage to division -- Cancellation requirements -- Penalty for violation
Utah Code § 34A-2-206Furnishing information to division -- Employers' annual report -- Rights of division -- Examination of employers under oath -- Penalties
Utah Code § 34A-2-207Noncompliance -- Civil action by employees
Utah Code § 34A-2-208Right to compensation when employer fails to comply1 cite
Utah Code § 34A-2-209Employer's penalty for violation -- Notice of noncompliance -- Proof required -- Admissible evidence -- Criminal prosecution
Utah Code § 34A-2-210Power to bring suit for noncompliance
Utah Code § 34A-2-211Notice of noncompliance to employer -- Enforcement power of division -- Penalty
Utah Code § 34A-2-212Docketing awards in district court -- Enforcing judgment
Utah Code § 34A-2-301Places of employment to be safe -- Willful neglect -- Penalty1 cite
Utah Code § 34A-2-302Employee's willful misconduct -- Penalty
Utah Code § 34A-2-401Compensation for industrial accidents to be paid41 cites
Utah Code § 34A-2-402Mental stress claims
Utah Code § 34A-2-403Dependents -- Presumption
Utah Code § 34A-2-404Injuries to minors
Utah Code § 34A-2-405Employee injured outside state -- Entitled to compensation -- Limitation of time
Utah Code § 34A-2-406Exemptions from chapter for employees temporarily in state -- Conditions -- Evidence of insurance
Utah Code § 34A-2-407Reporting of industrial injuries -- Regulation of health care providers
Utah Code § 34A-2-407.1Ground ambulance reimbursement
Utah Code § 34A-2-407.5Rules regarding treatment protocols and determinations of medical necessity -- Contracts
Utah Code § 34A-2-408Compensation -- None for first three days after injury unless disability extended
Utah Code § 34A-2-409Average weekly wage -- Basis of computation1 cite
Utah Code § 34A-2-410Temporary disability -- Amount of payments -- State average weekly wage defined2 cites
Utah Code § 34A-2-410.5Employee cooperation with reemployment
Utah Code § 34A-2-411Temporary partial disability -- Amount of payments
Utah Code § 34A-2-412Permanent partial disability -- Scale of payments
Utah Code § 34A-2-413Permanent total disability -- Amount of payments -- Rehabilitation7 cites
Utah Code § 34A-2-413.5Injured worker reemployment1 cite
Utah Code § 34A-2-414Benefits in case of death -- Distribution of award to dependents -- Death of dependents -- Remarriage of surviving spouse1 cite
Utah Code § 34A-2-415Increase of benefits to a dependent -- Effect of death, marriage, majority, or termination of dependency of children -- Death, divorce, or remarriage of spouse
Utah Code § 34A-2-416Additional benefits in special cases
Utah Code § 34A-2-417Claims and benefits -- Time limits for filing -- Burden of proof1 cite
Utah Code § 34A-2-418Awards -- Medical, nursing, hospital, and burial expenses -- Artificial means and appliances1 cite
Utah Code § 34A-2-419Agreements in addition to compensation and benefits
Utah Code § 34A-2-420Continuing jurisdiction of commission -- No authority to change statutes of limitation -- Authority to destroy records -- Interest on award -- Authority to approve final settlement claims2 cites
Utah Code § 34A-2-421Lump-sum payments
Utah Code § 34A-2-422Compensation exempt from execution -- Transfer of payment rights
Utah Code § 34A-2-423Survival of claim in case of death
Utah Code § 34A-2-424Prescribing policies for certain opioid prescriptions
Utah Code § 34A-2-501Definitions
Utah Code § 34A-2-502Intensity tests
Utah Code § 34A-2-503Loss of hearing -- Occupational hearing loss due to noise to be compensated
Utah Code § 34A-2-504Hearing loss -- Extent of employer's liability
Utah Code § 34A-2-505Loss of hearing -- Compensation for permanent partial disability
Utah Code § 34A-2-506Loss of hearing -- Time for filing claim
Utah Code § 34A-2-507Measuring hearing loss
Utah Code § 34A-2-601Medical panel, director, or consultant -- Findings and reports -- Objections to report -- Hearing -- Expenses6 cites
Utah Code § 34A-2-602Physical examinations3 cites
Utah Code § 34A-2-603Autopsy in death cases -- Certified pathologist -- Attending physicians -- Penalty for refusal to permit -- Liability
Utah Code § 34A-2-604Employee leaving place of treatment
Utah Code § 34A-2-701Premium assessment restricted account for safety
Utah Code § 34A-2-702Employers' Reinsurance Fund -- Injury causing death -- Burial expenses -- Payments to dependents
Utah Code § 34A-2-703Payments from Employers' Reinsurance Fund
Utah Code § 34A-2-704Uninsured Employers' Fund
Utah Code § 34A-2-705Industrial Accident Restricted Account
Utah Code § 34A-2-706Investment of Employers' Reinsurance Fund and Uninsured Employers' Fund
Utah Code § 34A-2-801Initiating adjudicative proceedings -- Procedure for review of administrative action3 cites
Utah Code § 34A-2-802Rules of evidence and procedure before commission -- Admissible evidence5 cites
Utah Code § 34A-2-803Violation of judgments, orders, decrees, or provisions of chapter -- Grade of offense
Utah Code § 34A-2-901Workers' compensation presumption for emergency medical services providers
Utah Code § 34A-2-902Workers' compensation claims by emergency medical services providers -- Time limits
Utah Code § 34A-2-903Failure to be tested -- Time limit for death benefits
Utah Code § 34A-2-904Volunteer emergency medical services providers -- Workers' compensation premiums
Utah Code § 34A-2-905Rulemaking authority -- Rebuttable presumption

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