Title 34A, Title 34A: Utah Labor Code

34A-2-1005. Enforcement. (1) The commission may investigate a business entity to determine whether the business entity validly elects to not cover an owner, partner, or corporate officer or director as an employee under a workers' compensation policy in accordance with Section. 3…

34A-2-101. Title. This chapter shall be known as the "Workers' Compensation Act."

34A-2-102. Definition of terms. (1) As used in this chapter: "Average weekly wages" means the average weekly wages as determined under Section. 34A-2-409 "Award" means a final order of the commission as to the amount of compensation due: an injured employee; or a dependent of a d…

34A-2-103. Employers enumerated and defined -- Regularly employed -- Statutory employers -- Exceptions. (1) The state, and each county, city, town, and school district in the state are considered employers under this chapter and. Chapter 3, Utah Occupational Disease Act For the p…

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 s…

34A-2-104.5. Nongovernment entity volunteers. (1) As used in this section: "Intern" means a student or trainee who works without pay at a trade or occupation in order to gain work experience. Notwithstanding Subsection, "intern" does not include an intern described in Sectionor. …

34A-2-105. Exclusive remedy against employer, and officer, agent, or employee of employer. (1) The right to recover compensation pursuant to this chapter for injuries sustained by an employee, whether resulting in death or not, is the exclusive remedy against the employer and is …

34A-2-106. Injuries or death caused by wrongful acts of persons other than employer, officer, agent, or employee of employer -- Rights of employer or insurance carrier in cause of action -- Maintenance of action -- Notice of intention to proceed against third party -- Right to ma…

34A-2-107. Appointment of workers' compensation advisory council -- Composition -- Terms of members -- Duties -- Compensation. (1) There is created a workers' compensation advisory council composed of: the following voting members whom the commissioner shall appoint: five employe…

34A-2-108. Void agreements between employers and employees. (1) Except as provided in Section, an agreement by an employee to waive the employee's rights to compensation under this chapter or, is not valid. 34A-2-420 Chapter 3, Utah Occupational Disease Act (2) An agreement by an…

34A-2-109. Interstate and intrastate commerce. (1) Except as provided in Subsection, this chapter and, apply to employers and their employees engaged in: (2) Chapter 3, Utah Occupational Disease Act intrastate commerce; interstate commerce; and foreign commerce. (2) If a rule of …

34A-2-110. Workers' compensation insurance fraud -- Elements -- Penalties -- Notice. (1) As used in this section: "Corporation" means the same as that term is defined in Section. 76-2-201 "Intentionally" means the same as that term is defined in Section. 76-2-103 "Knowingly" mean…

34A-2-111. Managed health care programs -- Other safety programs. (1) As used in this section: "Health care provider" means a person who furnishes treatment or care to persons who have suffered bodily injury. "Health care provider" includes: a hospital; a clinic; an emergency car…

34A-2-112. Administration of this chapter and Chapter 3. (1) Administration of this chapter and, is vested in the commission to be administered through the division, the Division of Adjudication, and for administrative appeals through the commissioner and the Appeals Board. Chapt…

34A-2-113. Designated agent required. Each workers' compensation insurance carrier writing insurance in this state shall maintain a designated agent in this state that is: (1) registered with the division; and (2) authorized to receive on behalf of the workers' compensation insur…

34A-2-114. Unlawful interference -- Penalties. (1) An employer may not knowingly or intentionally: impede or diminish an employee's efforts to make a claim or receive workers' compensation benefits under this chapter or; or Chapter 3, Utah Occupational Disease Act intimidate, coe…

34A-2-201. Employers to secure workers' compensation benefits for employees -- Methods. An employer shall secure the payment of workers' compensation benefits for its employees by: (1) insuring, and keeping insured, the payment of this compensation with an insurer authorized unde…

34A-2-201.3. Direct payments prohibited except by self-insured employer. (1) An employer who is not a self-insured employer, as defined in Section, may not pay a benefit provided for under this chapter and, directly: 34A-2-201.5 Chapter 3, Utah Occupational Disease Act to an empl…

34A-2-201.5. Self-insured employer -- Acceptable security -- Procedures. (1) As used in this section: "Acceptable security" means one or more of the following: cash; a surety bond issued: by a person acceptable to the division; and in a form approved by the division; an irrevocab…

34A-2-202. Assessment on self-insured employers including the state, counties, cities, towns, or school districts paying compensation direct. (1) A self-insured employer, including a county, city, town, or school district, shall pay annually, on or before March 31, an assessment …

34A-2-202.5. Offset for occupational health and safety related donations. (1) As used in this section: "Occupational health and safety center" means the Rocky Mountain Center for Occupational and Environmental Health created in Title, Rocky Mountain Center for Occupational and En…

34A-2-203. Payment of premiums for workers' compensation. (1) The state shall secure the payment of workers' compensation benefits for its employees: by: insuring, and keeping insured, the payment of this compensation with an insurer authorized under, to transact the business of …

34A-2-204. Compliance with chapter -- Notice to employees. (1) Each employer providing insurance, or electing directly to pay compensation to the employer's injured workers, or the dependents of the employer's killed employees, in accordance with this chapter and, shall post in c…

34A-2-205. Notification of workers' compensation insurance coverage to division -- Cancellation requirements -- Penalty for violation. (1) An insurance carrier writing workers' compensation insurance coverage in this state or for this state, regardless of the state in which the p…

34A-2-206. Furnishing information to division -- Employers' annual report -- Rights of division -- Examination of employers under oath -- Penalties. (1) Every employer shall furnish the division, upon request, all information required by it to carry out the purposes of this chapt…

34A-2-207. Noncompliance -- Civil action by employees. (1) Employers who fail to comply with Sectionare not entitled to the benefits of this chapter or, during the period of noncompliance, but shall be liable in a civil action to their employees for damages suffered by reason of …

34A-2-208. Right to compensation when employer fails to comply. (1) Any employee, or the employee's dependents if death has ensued, may, in lieu of proceeding against the employee's employer by civil action in the courts as provided in Section, file an application with the Divisi…

34A-2-209. Employer's penalty for violation -- Notice of noncompliance -- Proof required -- Admissible evidence -- Criminal prosecution. (1) An employer who fails to comply, and every officer of a corporation or association that fails to comply, with Sectionis guilty of a class B…

34A-2-210. Power to bring suit for noncompliance. (1) The commission or the division on behalf of the commission may maintain a suit in any court of the state to enjoin any employer, within this chapter or, from further operation of the employer's business, when the employer fail…

34A-2-211. Notice of noncompliance to employer -- Enforcement power of division -- Penalty. (1) In addition to the remedies described in Section, if the division has reason to believe that an employer is conducting business without securing the payment of benefits in accordance w…

34A-2-212. Docketing awards in district court -- Enforcing judgment. (1) Except as provided in Subsection, an abstract of a final order of the commission providing an award may be filed under this chapter or, in the office of the clerk of the district court of any county in the s…

34A-2-301. Places of employment to be safe -- Willful neglect -- Penalty. (1) An employer may not: construct, occupy, or maintain any place of employment that is not safe; require or knowingly permit any employee to be in any employment or place of employment that is not safe; fa…

34A-2-302. Employee's willful misconduct -- Penalty. (1) For purposes of this section: "Controlled substance" means the same as that term is defined in Section. 58-37-101 "Local government employee" means the same as that term is defined in Section. 34-41-101 "Local governmental …

34A-2-401. Compensation for industrial accidents to be paid. (1) An employee described in Sectionwho is injured and the dependents of each such employee who is killed, by accident arising out of and in the course of the employee's employment, wherever such injury occurred, if the…

34A-2-402. Mental stress claims. (1) Physical, mental, or emotional injuries related to mental stress arising out of and in the course of employment shall be compensable under this chapter only when there is a sufficient legal and medical causal connection between the employee's …

34A-2-403. Dependents -- Presumption. (1) The following persons are presumed to be wholly dependent for support upon a deceased employee: a child under 18 years of age, subject to the conditions of Subsectionsand; (1)(b) (2)(b) a child who is 18 years of age or older: if the chil…

34A-2-404. Injuries to minors. (1) A minor is considered sui juris for the purposes of this chapter and, and no other person shall have any cause of action or right to compensation for an injury to the minor employee. Chapter 3, Utah Occupational Disease Act (2) Notwithstanding S…

34A-2-405. Employee injured outside state -- Entitled to compensation -- Limitation of time. (1) Except as provided in Subsection, if an employee who has been hired or is regularly employed in this state receives personal injury by accident arising out of and in the course of emp…

34A-2-406. Exemptions from chapter for employees temporarily in state -- Conditions -- Evidence of insurance. (1) Any employee who has been hired in another state and the employee's employer are exempt from this chapter and, while the employee is temporarily within this state doi…

34A-2-407. Reporting of industrial injuries -- Regulation of health care providers. (1) As used in this section: "Balance billing" means charging an individual, on whose behalf a workers' compensation insurance carrier or self-insured employer is obligated to pay covered medical …

34A-2-407.1. Ground ambulance reimbursement. (1) As used in this section, "base rate" means the same as that term is defined in Section. 53-2d-503 (2) For a mileage rate established in a rule created under Section, an employer or the employer's workers' compensation insurance car…

34A-2-407.5. Rules regarding treatment protocols and determinations of medical necessity -- Contracts. (1) The commission may by rule, made in accordance with, establish for purposes of health care goods and services compensable under this chapter and, reasonable health care trea…

34A-2-408. Compensation -- None for first three days after injury unless disability extended. (1) Except as provided in Subsectionsand, compensation may not be allowed for the first three days after the injury is received. (1)(b) (2) The disbursements authorized in this chapter o…

34A-2-409. Average weekly wage -- Basis of computation. (1) Except as otherwise provided in this chapter or, the average weekly wage of the injured employee at the time of the injury is the basis upon which to compute the weekly compensation rate and shall be determined as follow…

34A-2-410. Temporary disability -- Amount of payments -- State average weekly wage defined. (1) Subject to Subsectionsand, in case of temporary disability, so long as the disability is total, the employee shall receive 66-2/3% of that employee's average weekly wages at the time o…

34A-2-410.5. Employee cooperation with reemployment. (1) As used in this section: "Controlled substance" is as defined in Section. 58-37-101 "Correctional facility" means: a correctional facility as defined in Section; or 76-8-311.3 a facility operated by or contracting with the …