Real Estate Attorney for Real Estate Investors
The worker's compensation program in Utah is managed by the Labor Commission Division of Industrial Accidents in Salt Lake City. The program offers protection for employees injured while on the job as well as protection for employers from significant financial risk due to accidents in the workplace. Workers may be eligible for payments for lost wages while disabled and compensation for medical costs.
Most employers in Utah are required to purchase workers' comp insurance. Exceptions may include agricultural laborers, real estate brokers, domestic workers and insurance brokers. Federal employees are covered separately under Federal law. The cost of the insurance is paid for by your employer and must not be deducted from your paycheck.
If you have been injured on the job, you will need to who your employer has selected for their insurance carrier. This information must be posted by your employer so that you can see who his workers comp insurance company is, what their address is and what their phone number is. If you are having difficulty finding this information at work or from your employer, call the Labor Commission's Policy Section at 801-530-6842.
When you are injured at work you should notify your supervisor and employer immediately. Your employer must the complete an Employer's First Report of Injury or Illness" (Form 122) with 7 days of learning of your accident. You should get a copy of this report which will describe your rights and responsibilities.
Workers compensation payments in Utah cover many items. Workers are eligible for medical care payments. Hospital bills, prescription costs and other reasonable medical expenses are covered. Employees are eligible for temporary total compensation payments. This is wage replacement for time missed from work as approved by a doctor and as a result of a workplace injury. Workers are eligible for reimbursement for travel expenses to and from authorized medical treatment. This does not include travel to pharmacies. Dependents of employees that die from an accident in the workplace are eligible for $8,000 for funeral and burial costs.
Benefit payments are set to 2/3rds of the workers average gross weekly pay prior to the incident. The payments are capped at a maximum which cannot exceed Utah's maximum average weekly wage. These payments are not taxed but child support payments can be deducted from the amount.
If you move out of Utah you are still entitled to benefits under workers comp. There are some important considerations regarding medical treatment outside of Utah. If you want to continue to receive treatment you must complete an Employee's Notification of Intent to Leave State (Form 044). Your doctor must also submit an Attending Physician's Statement (Form 043). You can get these forms on the Labor Commission website.
If your claim is denied, you should talk with your employer to see what the reasons were for the denial. If you have difficulty communicating with your employer and need another resource for information, call the Labor Commission and staff at the Division of Industrial Accidents will be able to assist you.
While workers in Utah are not required to have an attorney during the claim process, the law can be complicated and it may be in the best interest of the worker to consult with an attorney.