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 34…

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: (a) "Average weekly wages" means the average weekly wages as determined under Section 34A-2-409. (b) "Award" means a final order of the commission as to the amount of compensation due: (i) an injured employee; or (ii) a…

34A-2-103. Employers enumerated and defined -- Regularly employed -- Statutory employers -- Exceptions. (1)(a) 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. (b) Fo…

34A-2-104. "Employee," "worker," and "operative" defined -- Specific circumstances -- Exemptions. (1) As used in this chapter and Chapter 3, Utah Occupational Disease Act, "employee," "worker," and "operative" mean: (a)(i) an elective or appointive officer and any other person: (…

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

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: (a) the following voting members whom the commissioner shall appoint: (i) five…

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

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

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

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

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

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: (a) impede or diminish an employee's efforts to make a claim or receive workers' compensation benefits under this chapter or Chapter 3, Utah Occupational Disease Act; or (b) intimid…

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 34A-2-201.5, may not pay a benefit provided for under this chapter and Chapter 3, Utah Occupational Disease Act, directly: (a) to an …

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

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

34A-2-202.5. Offset for occupational health and safety related donations. (1) As used in this section: (a) "Occupational health and safety center" means the Rocky Mountain Center for Occupational and Environmental Health created in Title 53H, Chapter 5, Part 2, Rocky Mountain Cen…

34A-2-203. Payment of premiums for workers' compensation. (1) The state shall secure the payment of workers' compensation benefits for its employees: (a) by: (i) insuring, and keeping insured, the payment of this compensation with an insurer authorized under Title 31A, Insurance …

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 Chapter 3, Utah …

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

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

34A-2-207. Noncompliance -- Civil action by employees. (1)(a) Employers who fail to comply with Section 34A-2-201 are not entitled to the benefits of this chapter or Chapter 3, Utah Occupational Disease Act, during the period of noncompliance, but shall be liable in a civil actio…

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 34A-2-207, file an application with …

34A-2-209. Employer's penalty for violation -- Notice of noncompliance -- Proof required -- Admissible evidence -- Criminal prosecution. (1)(a)(i) An employer who fails to comply, and every officer of a corporation or association that fails to comply, with Section 34A-2-201 is gu…

34A-2-210. Power to bring suit for noncompliance. (1)(a) 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 Chapter 3, Utah Occupational Disease Act, from further operation of the…

34A-2-211. Notice of noncompliance to employer -- Enforcement power of division -- Penalty. (1)(a) In addition to the remedies described in Section 34A-2-210, if the division has reason to believe that an employer is conducting business without securing the payment of benefits in…

34A-2-212. Docketing awards in district court -- Enforcing judgment. (1)(a) Except as provided in Subsection (3), an abstract of a final order of the commission providing an award may be filed under this chapter or Chapter 3, Utah Occupational Disease Act, in the office of the cl…

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

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

34A-2-401. Compensation for industrial accidents to be paid. (1) An employee described in Section 34A-2-104 who 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 occur…

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)(a) The following persons are presumed to be wholly dependent for support upon a deceased employee: (i) a child under 18 years of age, subject to the conditions of Subsections (1)(b) and (2)(b); (ii) a child who is 18 years of age or older…

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

34A-2-405. Employee injured outside state -- Entitled to compensation -- Limitation of time. (1) Except as provided in Subsection (2), 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…

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 Chapter 3, Utah Occupational Disease Act, while the empl…

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

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 53-2d-503, an employer or the employer's workers' compensation ins…

34A-2-407.5. Rules regarding treatment protocols and determinations of medical necessity -- Contracts. (1) The commission may by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establish for purposes of health care goods and services compen…

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

34A-2-409. Average weekly wage -- Basis of computation. (1) Except as otherwise provided in this chapter or Chapter 3, Utah Occupational Disease Act, the average weekly wage of the injured employee at the time of the injury is the basis upon which to compute the weekly compensati…

34A-2-410. Temporary disability -- Amount of payments -- State average weekly wage defined. (1)(a) Subject to Subsections (1)(b) and (5), 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 wage…

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