Workers’ compensation - Utah

Summary of differences between federal and state regulations

There is no federal workers’ compensation requirement for most private employers.

Insurance requirement: Competitive state fund or self-insurance by private carrier or individual employers.

Insurance carriers, as well as employers who are self-insured or uninsured, must file quarterly reports enumerating their efforts to return injured workers to gainful employment. These reports must be submitted by completing Form 239 - Insurer/Employer Quarterly Report on Reemployment Efforts, and filing the form with the Division no later than 45 days after the end of each calendar quarter.

Effective July 1, 2011, an organization may apply for a workers’ compensation coverage waiver to exclude an owner, partner, or corporate officer or director, if the entity does not employ any other employees. Waivers expire after one year, but can be renewed.

Exemptions from WC: Agricultural employers with a payroll of $8,000 or less.

Medical benefits provided: Full.

Physician selection: Employer selects physician.

Benefits for temporary total disability (TTD): 66 2/3 percent of worker’s wage for up to 312 weeks. Additional $5 for dependent spouse and each dependent child up to 4 under age 18, but not to exceed 100% of state’s average weekly wage.

Effective July 1, 2008, Utah allows for termination or reduction of temporary total disability compensation payments in cases of alleged employee misconduct. Employers or insurance carriers can institute proceedings to request permission to terminate or reduce these payments. (Utah Administrative Code R602-4, Procedures for Temporary Total Disability Compensation Pursuant to Reemployment)

Benefits for permanent total disability (PTD): 66 2/3 percent for up to 312 weeks, or life if claimant cannot be rehabilitated. Additional $5 for dependent spouse and each dependent child up to 4 under age 18, but not to exceed 100% of state’s average weekly wage.

Benefits for permanent partial disability (PPD): 66 2/3 percent for up to 312 weeks. In case partial disability begins after a period of total disability, the period of total disability shall be deducted from the maximum.

Scheduled awards: Scheduled awards are paid in addition to and upon termination of TTD benefits. Awards are not reduced because of TTD benefits.

Disfigurement benefits: Disfigured areas of the body not specifically covered in schedule are compensated as the commission shall deem equitable in proportion as near as may be to compensation for specific loss as set forth in the schedule.

Death benefits for surviving spouse and children: 66 2/3 percent of employee’s wage for up to 312 weeks. Benefits may be extended if survivors remain wholly dependent. After 312 weeks, benefits to wholly dependent spouse become subject to Social Security benefit offsets. 52-week lump sum or remainder of award payable upon remarriage whichever is less.

Maximum burial allowance: The employer or insurance carrier shall pay the burial expenses in ordinary cases as established by rule.

Waiting period: 3 days (temporary total disability only). Compensation is retroactive if disability continues for more than 14 days from date of injury.

Rehabilitation: Physical rehabilitation is covered under medical services. Industrial Commission refers all potential PTD cases to the state Office of Rehabilitation for vocational rehabilitation (VR) training. Second Injury Fund pays VR costs, maximum $3,000 per employee. Employees must accept VR or they will not receive PTD benefits from Second Injury Fund after employer’s liability for PTD ends after 312 weeks. During VR employees receive an unlimited allowance to replace each artificial means or appliance; maximum of $3,000 for VR.

Attorney fees: 20 percent first $15,000; 15 percent next $15,000; 10 percent balance; maximum $10,850, rule, determined by agency.

Occupational hearing loss statutes: Employee has 1 year from date of discovery to file for compensation. Compensation for one ear is $21,364; both ears is $42,728. There is a deduction for preexisting loss.

Forms and Bulletins - https://laborcommission.utah.gov/formsearch.html

State

Contact

Division of Industrial Accidents

Regulations

Utah Administrative Code, Title R612, Industrial Accidents

Utah Labor Code, Title 34A, Chapter 2 Worker’s Compensation Act

Utah Labor Code, Title 34A, Chapter 3 Utah Occupational Disease Act

Federal

Contacts

None.

Regulations

None.