Q: What is workers’ compensation?
Q: Is my employer required to have workers’ compensation insurance?
Q: Who pays for workers’ compensation insurance?
Q: What do I do if I am injured on the job?
Q: Can my employer charge me for workers’ compensation coverage?
Q: What if I am only part-time or have worked for my employer for a short time?
Q: Are undocumented workers covered by workers’ compensation insurance?
Q: What are the basic responsibilities of my employer?
Q: What are my basic responsibilities as an employee?
Q: If I am an independent contractor or out-of-state worker, is my employer responsible to provide workers’ compensation coverage for me?
Q: What is workers’ compensation?
A: If you are injured on the job or get an occupational disease, workers’ compensation is insurance that pays for hospital and medical bills, time lost from work, permanent loss of body function, prosthetic devices and burial in cases of death. SOURCE: Utah Labor Commission
Q: Is my employer required to have workers’ compensation insurance?
A: Most employers are required to have workers' compensation insurance; however, some are not, including 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 any questions about workers’ compensation, 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 do I do if I am injured on the job?
A: Report the injury - no matter how slight - to your boss immediately. (You may lose your rights if your injury is not reported promptly.)
Ask your employer to fill out the “Employer’s First Report of Injury or Illness” form. A copy of this report is to be given to you and copies are to be sent to the insurance company.
Ask your employer to send a report of the accident within seven (7) days of the accident.
If your employer has a first-aid room or company designated doctor, go there promptly for treatment. If not, go to a doctor of your choice.
Tell the doctor HOW, WHEN and WHERE the accident happened. The doctor will fill out a “Physician’s Initial Report of Injury or Illness” form.
Ask your employer which insurance company pays workers’ compensation for your company. (This should also be posted at your site of employment.)
Ask your doctor to send a medical report to that insurance company.
Call the insurance company and ask them to start your workers’ compensation benefits. The insurance
company will require the doctor’s report, employer’s report, and may ask you to fill out a request for compensation.
SOURCE: Utah Labor Commission
Q: Can my employer charge me for workers’ compensation coverage?
A: No, your employer cannot bill you for workers' compensation coverage. It is the responsibility of employers to provide workers' compensation benefits for their employees. SOURCE: Utah Labor Commission
Q: What if I am only part-time or have worked for my employer for a short time?
A: You are still entitled to workers’ compensation coverage, regardless of length of employment or part-time status. . SOURCE: Utah Labor Commission
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 are the basic responsibilities of my 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. 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: What are my basic responsibilities as an employee?
A: Follow the employer's safety rules and use safety equipment provided by the employer. Willful failure to do so may result in a 15% reduction of workers' compensation benefits.
Notify the employer promptly of a job-related injury or occupational disease. Failure to do so within 180 days generally bars any claim for workers' compensation benefits.
File all claims for temporary total disability benefits, temporary partial disability benefits, permanent partial disability benefits or permanent total disability benefits within 12 years after the date of the accident or, for occupational diseases, 12 years after the cause of action arose. Failure to do so may result in the loss of these benefits.
Incur and submit medical expenses reasonably related to the industrial accident within three years of the date of the last medical treatment. Failure to do so may result in the loss of this benefit.
This limitation does not apply to prosthetic devices in non permanent total disability cases.
Submit to a medical examination when requested by the Labor Commission. Failure to do so may result in the suspension of benefits.
Cooperate with any evaluation or re-employment plan. Failure to cooperate may result in the loss of disability compensation.
Report to the treating physician for examination and notify the Labor Commission if leaving the locality where employed or the state. During such absence, compensation may not be allowed unless the Labor Commission has given written consent to leave.
Use the providers in a managed care program developed by the employer/insurance carrier. Failure to do so may result in the employee paying for any charges greater than preferred providers' allowances.
Obtain pre-authorization for ambulatory surgery or inpatient hospitalization related to a job-related injury or occupational disease, other than a life or limb threatening admission.
Obtain pre-authorization for restorative services, such as chiropractic services. Failure to do so may result in the employee being personally responsible for payment for these services. SOURCE: WORKERS COMPENSATION FUND
Q: If I am an independent contractor or out-of-state worker, is my employer responsible to provide workers’ compensation coverage for me?
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
Links:
Utah Labor Commission – Industrial Accidents
www.laborcommission.utah.gov
Workers Compensation Fund
www.wcfgroup.com
