Utah's workers compensation law is the Workers' Compensation Act, Utah Code Title 34A, Chapter 2. It's administered by the Labor Commission and its Division of Industrial Accidents. The Insurance Department regulates the insurers. Utah has no monopolistic state fund. The policy and premium basics are in the national workers compensation guide. This guide covers the Utah rules.

The market

• An employer secures compensation by either (34A-2-201):
  • insuring with an insurer authorized to write workers compensation in Utah, or
  • getting approval to self-insure
• Failing to do so is a class B misdemeanor for the employer and its officers. Each day is a separate offense (34A-2-209).
• The Workers' Compensation Fund is now a mutual insurer. It succeeded a quasi-public fund whose chapter was repealed in 2017 (31A-22-1001).
• The Commissioner contracts with a carrier to write all workers compensation applications, as the residual market. The contract runs at least 10 years (31A-22-1001).
• Nonadmitted (surplus lines) insurers can't write Utah workers compensation (31A-15-103).
• Rates (31A-19a-404, 31A-19a-405):
  • filed at least 30 days before use
  • based on the designated rate service organization's advisory loss costs, or a percentage change from them
  • experience rating must give real incentives for loss prevention

Policy requirements

• A policy must cover all benefits the Act requires (31A-22-1003).
• Employees may enforce the insurer's liability in their own names (31A-22-1004).
• Cancellation requires notice to the employer under 31A-21-303 and notice to the Division of Industrial Accidents (31A-22-1002).

Who is covered

• Employer: anyone regularly employing one or more workers in the same business (34A-2-103).
• Domestic employers are covered only if they employ someone at least 40 hours a week.
• Not covered:
  • independent contractors, who aren't subject to the employer's routine control
  • workers whose employment is both casual and outside the usual course of the business (34A-2-104)
• Sole proprietors and partners may elect coverage by written notice to their carrier. For rating, their wage is assumed to be 100% of the state average weekly wage.

Exclusive remedy

• Workers compensation is the exclusive remedy against the employer and its officers, agents and employees (34A-2-105).
• If a third party caused the injury, the employer or carrier becomes trustee of the claim against that party (34A-2-106).

Benefits

• Benefits are reduced 15% if the worker willfully ignored a safety device or rule (34A-2-302).

Deadlines

• Notice to the employer: within 180 days of the injury (34A-2-407).
• Medical bills: submitted within 1 year (34A-2-417).
• Disability claims: an application for hearing within 6 years of the accident (34A-2-417).

Common exam traps

• There's no state fund. The Workers' Compensation Fund is a mutual.
• The Labor Commission runs claims. The Insurance Department regulates insurers.
• Coverage applies with one employee. Domestic workers count only at 40 hours a week.
• Waiting period: 3 days, paid back if disability lasts over 14 days.
• TTD is 66⅔%, capped at 100% of the state average weekly wage, for 312 weeks.
• Notice of injury: 180 days.