Q: What is workers’ compensation?
A: Workers' compensation is a wage replacement and medical care program for a worker whose injury or illness is work related. SOURCE: Utah Labor Commission
Q: Are all employers required to have workers’ compensation insurance?
A: All employers are required to have workers' compensation insurance; however, there may be some exceptions: employers of agricultural laborers, casual or domestic workers, real estate brokers, sole proprietors, partners, and in some cases a director or officer of a corporation. If you have a question about insurance coverage, please call the Labor Commission at 530-6800 or toll free (800) 530-5090. NOTE: A general contractor will now have to ensure that all subcontractors, including sole proprietors and partners, have workers' compensation coverage either through the general's or subcontractor's policy. SOURCE: Utah Labor Commission
Q: Who pays for workers’ compensation insurance?
A: The employer pays for your workers' compensation insurance. (Employers are not allowed to make deductions from employees’ paychecks for workers' compensation insurance coverage.) SOURCE: Utah Labor Commission
Q: What are the basic responsibilities for an employer?
A: Employers are required to post in conspicuous places typewritten or printed notices stating that they have complied with all the rules and regulations securing compensation to employees and their dependents (notices are available free of charge at the Labor Commission). The notices should state the name of the insurance carrier, the phone number, and steps to report an industrial claim. SOURCE: Utah Labor Commission
Employers should take all reasonably necessary steps to protect the life, health, safety and welfare of employees. Willful failure of an employer in following its own written workplace safety program that results in an employee's injury increases the injured employee's compensation rate by 15 percent. SOURCE: Workers Compensation Fund
Employers are responsible to pay for medical expenses and disability compensation for injured employees, burial expenses and death benefits to dependents of employees who have died from their job-related injuries by insuring through a Utah licensed workers' compensation carrier, or by establishing an authorized self-funded program. SOURCE: Workers Compensation Fund
Q: Are employers responsible to provide workers’ compensation coverage for all its workers, even independent contractors or out-of-state workers?
Generally, an employee is each person in the service of an employer, and includes aliens and minors, whether legally or illegally working for hire. Sole proprietors and partners of a partnership are not covered employees unless they elect coverage. Officers and directors of a corporation are covered employees unless they elect not to be covered. Independent contractors, their employees and subcontractors are statutory employees of employers who hire them for work in the employer's trade or business. Utah's workers' compensation laws cover employees who are injured while working outside Utah in limited circumstances. Inquire with the Utah Labor Commission for more information. SOURCE: Workers Compensation Fund
Q: Are undocumented workers covered by workers’ compensation insurance?
A: It should be noted that Federal law prohibits knowingly hiring undocumented workers. However, Utah State law includes workers’ compensation coverage and benefits for “aliens and minors, whether legally or illegally working for hire.” (See UCA 34A-2-104.) Therefore, should an undocumented worker become injured on the job, the employer is fully responsible for workers’ compensation insurance for that employee, regardless of the employee’s legal status. SOURCE: Based on information from the Utah Labor Commission
Q: What is the procedure for reporting accidents?
A: A worker has up to 180 days to report an injury or worker-related illness. Once the injury/illness has been reported to the employer, the employer has seven days, to file the "Employer's First Report of Injury or Illness (Form 122)" with the Labor Commission, and submit a copy of the report to their Workers' Compensation Insurance Carrier and the injured worker. SOURCE: Utah Labor Commission
Q: Does the employer have to file a First Report of Injury Form (Form 122) for minor injuries that only require first aid?
A: The employer is required to file Form 122 for any employee who has been treated by a physician regardless of the severity of injury. Once the physician has treated an industrially injured worker, the doctor is then required to file a Physician's Report (Form 123). SOURCE: Utah Labor Commission
Q: What if I question the validity of a claim or have evidence the injury did not happen on the job?
A: If you dispute the validity of a claim: contact your insurance carrier with specific information as to why you do not feel this is a valid claim or attach a letter to the Employers' Report and submit it to your insurance carrier; however, you are still required to submit the "Employer's First Report of Injury". All injuries or illnesses reported to the employer must be filed with the insurance company and the Labor Commission. An employer is not allowed to deny any claims unless the Commission has granted the employer the privilege of self-insuring. Reporting an injury by filing an Employers' Report (form 122) is not an admission of liability.
The employer is to give the yellow copy of the report to the employee. On the back of the yellow copy, information is provided which outlines the workers' compensation system and how employees can access their benefits. SOURCE: Utah Labor Commission
Q: Can I bill my employees for workers’ compensation coverage?
A: No, you cannot bill your employees for their workers' compensation coverage. An employer could be subjected to a wage claim if they deducted workers' compensation from an employee's wage. It is the responsibility of the employer to provide workers' compensation benefits for their employees. SOURCE: Utah Labor Commission
Q: If I’m a Utah employer that operates outside the state of Utah, do I need additional coverage for each state?
A: Typically, as a Utah employer, if you hire your employees in Utah and they sustain an industrial accident\illness outside of the state, they would be covered under your Utah workers' compensation policy. However, to determine whether additional coverage is needed for other states, it would be advisable to contact the Labor Commission to determine whether a reciprocity agreement exists with the state you are doing business in. If there is a reciprocity agreement in place, the Labor Commission would issue an extraterritorial certificate to the employer extending coverage for that state. The certificate would be in effect for six months. If there is no reciprocity agreement with the outside state, then the employer is obligated to purchase workers' compensation coverage for that state.
If you are not a Utah employer, you are required to contact the Utah Labor Commission to determine the requirements for workers' compensation coverage and whether your state has a reciprocity agreement with Utah. SOURCE: Utah Labor Commission
Q: What is basic workers’ comp law?
A: Workers' compensation insurance allows employees to collect benefits for job-related injuries or diseases without regard to fault. State workers' compensation and occupational disease laws establish workers' compensation benefits available to employees with job-related injuries or diseases. An employee who collects workers' compensation benefits generally cannot bring a civil action against the employer for the job-related injury or disease. Workers' compensation benefits are the employee's sole remedy for job-related injuries or diseases.
Utah's Workers Compensation Act and Occupational Disease Act are found in Chapters 2 and 3 of Title 34A of the Utah Code. The Utah Injured Worker Re-employment Act is found in Chapter 8 of Title 34A of the Utah Code. Workers' compensation administrative rules are found in sections R602 and R612 of the Utah Administrative Code. Employers with employees working in other states must also comply with the workers' compensation laws of the other states. SOURCE: Workers Compensation Fund
Links:
Utah Labor Commission – Industrial Accidents
www.laborcommission.utah.gov
Workers Compensation
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