When exactly is workers compensation required in Utah?
If you’ve been hurt at work, you might be wondering if your employer is covered—and whether they’re capable of paying for your medical bills.
Fortunately, most Utah businesses are required to have workers compensation coverage. Let us explain.
Every Utah employer must have workers compensation insurance for all of its employees—with few exceptions.
The state of Utah requires all employers to post a notice stating that they are in compliance with state workers comp laws.
Employers must post notices in easy-to-see locations at their place of business.
If you’re injured out of state while working for a Utah-based company, you are still subject to the same workers comp laws as if you were hurt in Utah.
You might be wondering what size of business in Utah is required to carry workers comp insurance.
Workers comp insurance waivers are available to certain businesses. In all cases, the business must apply for a waiver.
Corporations with no contracted work (and with no employees besides directors and officers) may be eligible for workers comp exclusion.
As long as the sole proprietor is the only employee, they may be eligible for a workers comp waiver.
Partnerships with no employees (besides the partners) may be eligible for a workers comp insurance waiver.
LLCs are treated as partnerships. Therefore, members of the limited liability company may be eligible for a workers compensation insurance waiver.
Independent contractors with no employees who fall into any of the categories above may be eligible for a waiver.
Employers have a right to pay workers compensation benefits directly to their employees without carrying a workers comp policy. However, they must meet several criteria. At a glance, the employer must:
Utah’s Industrial Accidents Division monitors employers for workers comp insurance compliance. Businesses suspected of noncompliance will be investigated. Failing to carry workers compensation coverage for all employees can result in:
Utah is a no-fault state when it comes to workers compensation insurance.
Injured workers may seek compensation through their employer’s workers comp insurance, without the need to file a lawsuit. This removes the burden of proving negligence for your workplace injury.
But what happens if you’re injured at work when your employer does not carry workers comp insurance?
In this situation, your employer will lose protection of the “exclusive remedy” that shields them from lawsuits regarding workplace injuries.
Even without workers compensation insurance, you may still have options to seek compensation.
That means you could file a personal injury lawsuit against your employer to recover damages instead.
Yes. In Utah, it is illegal for an employer to stop you from making a workers compensation claim or receiving benefits. Employers who violate this law can be fined up to $5000.
Has your claim been denied? Are you facing retaliation from your employer? Are you unsure whether you’re covered by workers compensation laws, or whether your employer has insurance?
For easy answers to these difficult questions, contact us immediately. Davis & Sanchez has a history of helping hurt workers across Utah recover the compensation they deserve.
*The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.
Davis & Sanchez