34A-2-104. "Employee," "worker," and "operative" defined -- Specific circumstances -- Exemptions.
(1) As used in this chapter and, "employee," "worker," and "operative" mean: Chapter 3, Utah Occupational Disease Act an elective or appointive officer and any other person: in the service of: the state; a county, city, or town within the state; or a school district within the state; serving the state, or any county, city, town, or school district under: an election; appointment; or any contract of hire, express or implied, written or oral; and including: an officer or employee of the state institutions of learning; and a member of the Utah National Guard or Utah State Defense Force while on state active duty; and a person in the service of any employer, as defined in Section, who employs one or more workers or operatives regularly in the same business, or in or about the same establishment: 34A-2-103 under any contract of hire: express or implied; and oral or written; including aliens and minors, whether legally or illegally working for hire; and not including any person whose employment: is casual; and not in the usual course of the trade, business, or occupation of the employee's employer.
(2) Unless a lessee provides coverage as an employer under this chapter and, any lessee in mines or of mining property and each employee and sublessee of the lessee shall be: Chapter 3, Utah Occupational Disease Act covered for compensation by the lessor under this chapter and; Chapter 3, Utah Occupational Disease Act subject to this chapter and; and Chapter 3, Utah Occupational Disease Act entitled to the benefits of this chapter and, to the same extent as if the lessee, employee, or sublessee were employees of the lessor drawing the wages paid employees for substantially similar work. Chapter 3, Utah Occupational Disease Act The lessor may deduct from the proceeds of ores mined by the lessees an amount equal to the insurance premium for that type of work.
(3) Except as provided in Subsection, a partnership or sole proprietorship may elect to include any partner of the partnership or owner of the sole proprietorship as an employee of the partnership or sole proprietorship under this chapter and. (3)(b) Chapter 3, Utah Occupational Disease Act If a partnership or sole proprietorship makes an election under Subsection, the partnership or sole proprietorship shall serve written notice upon its insurance carrier naming the persons to be covered. (3)(a) A partner of a partnership or owner of a sole proprietorship may not be considered an employee of the partner's partnership or the owner's sole proprietorship under this chapter or, until the notice described in Subsectionis given. Chapter 3, Utah Occupational Disease Act (3)(a)(ii) For premium rate making, the insurance carrier shall assume the salary or wage of the partner or sole proprietor electing coverage under Subsectionto be 100% of the state's average weekly wage. (3)(a)(i) A partner of a partnership or an owner of a sole proprietorship is an employee of the partnership or sole proprietorship under this chapter and, if: Chapter 3, Utah Occupational Disease Act the partnership or sole proprietorship: is a motor carrier; and employs at least one individual who is not a partner or an owner; and the partner or owner personally operates a motor vehicle for the motor carrier.
(4) Except as provided in Subsection, a corporation may elect not to include any director or officer of the corporation as an employee under this chapter and. (4)(g) Chapter 3, Utah Occupational Disease Act If a corporation makes an election under Subsection, the corporation shall serve written notice naming the individuals who are directors or officers to be excluded from coverage: (4)(a) upon its insurance carrier, if any; or upon the commission if the corporation is self-insured or has no employee other than the one or more directors or officers being excluded. A corporation may exclude no more than five individuals who are directors or officers under Subsection. (4)(b)(ii) An exclusion under this Subsectionis subject to Subsection. (4) 34A-2-103(7)(d) A director or officer of a corporation is considered an employee under this chapter and, until the notice described in Subsectionis given. Chapter 3, Utah Occupational Disease Act (4)(b) The commission may make rules, in accordance with, regarding the form of the notice described in Subsection, including a requirement to provide documentation, if any. Title 63G, Chapter 3, Utah Administrative Rulemaking Act (4)(b)(ii) Subsectiondoes not apply to a director or an officer of a motor carrier if the director or officer personally operates a motor vehicle for the motor carrier. (4)(a)
(5) As used in this chapter and, "employee," "worker," and "operative" do not include: Chapter 3, Utah Occupational Disease Act a sales agent or associate broker, as defined in Section, who performs services in that capacity for a principal broker if: 61-2f-102 substantially all of the sales agent's or associate broker's income for services is from real estate commissions; and the sales agent's or associate broker's services are performed under a written contract that provides that: the real estate agent is an independent contractor; and the sales agent or associate broker is not to be treated as an employee for federal income tax purposes; an offender performing labor under Sectionor, except as required by federal statute or regulation; 64-13-16 64-13-19 an individual who for an insurance producer, as defined in Section, solicits, negotiates, places, or procures insurance if: 31A-1-301 substantially all of the individual's income from those services is from insurance commissions; and the services of the individual are performed under a written contract that states that the individual: is an independent contractor; is not to be treated as an employee for federal income tax purposes; and can derive income from more than one insurance company; or subject to Subsections,, and, an individual who: (6) (7) (8) owns a motor vehicle; or leases a motor vehicle to a motor carrier; personally operates the motor vehicle described in Subsection; (5)(d)(i) operates the motor vehicle described in Subsectionunder a written agreement with the motor carrier that states that the individual operates the motor vehicle as an independent contractor; and (5)(d)(i) provides to the motor carrier at the time the written agreement described in Subsectionis executed or as soon after the execution as provided by the commission, a copy of a workers' compensation coverage waiver issued pursuant to, to the individual; and (5)(d)(iii) Part 10, Workers' Compensation Coverage Waivers Act provides to the motor carrier at the time the written agreement described in Subsectionis executed or as soon after the execution as provided by an insurer, proof that the individual is covered by occupational accident related insurance with the coverage and benefit limits listed in Subsection. (5)(d)(iii) (7)(c)
(6) An individual described in Subsectionmay become an employee under this chapter and, if the employer of the individual complies with: (5)(d) Chapter 3, Utah Occupational Disease Act this chapter and; and Chapter 3, Utah Occupational Disease Act commission rules.
(7) As used in this section: "Motor carrier" means a person engaged in the business of transporting freight, merchandise, or other property by a commercial vehicle on a highway within this state. "Motor vehicle" means a self-propelled vehicle intended primarily for use and operation on the highways, including a trailer or semitrailer designed for use with another motorized vehicle. "Occupational accident related insurance" means insurance that provides the following coverage at a minimum aggregate policy limit of $1,000,000 for all benefits paid, including medical expense benefits, for an injury sustained in the course of working under a written agreement described in Subsection: (5)(d)(iii) disability benefits; death benefits; and medical expense benefits, which include: hospital coverage; surgical coverage; prescription drug coverage; and dental coverage.
(8) For an individual described in Subsection: (5)(d) if the individual is not covered by a workers' compensation policy, the individual shall obtain: occupational accident related insurance; and a waiver in accordance with; and Part 10, Workers' Compensation Coverage Waivers Act the commission shall verify the existence of occupational accident insurance coverage with the coverage and benefit limits listed in Subsectionbefore the commission may issue a workers' compensation coverage waiver to the individual pursuant to. (7)(c) Part 10, Workers' Compensation Coverage Waivers Act