Utah Workers' Compensation
The state of Utah implemented workers' compensation laws in the early 1900s. These laws eliminated the rights of the injured worker to file a personal injury claim against their lawyer and instead, required the employer to purchase no-fault workers' compensation insurance, which provides immediate medical and wage loss compensation to injured employees.
Utah's Industrial Accidents Division has been established in the state of Utah and is responsible for monitoring and administering Utah's workers' compensation program. The Industrial Accidents Division helps resolve disputes, provide information to employers and employees, mediates disagreements and helps injured workers return to work as soon as possible. This agency also establishes medical provider fees and ensures employees have access to medical care.
You might need a Utah Workers' Compensation Lawyer
Utah workers have the legal right to file their own workman's compensation claim if they are injured on the job, or they can contact a Utah workman's comp lawyer for help. Workers' compensation laws in Utah can be complicated and employees who have been severely or permanently injured may need the professional expertise of an employment lawyer who understands Utah work comp law.
Utah work comp attorneys can protect a worker's rights and make sure that they get the Utah work comp benefits they need to return to work as soon as possible.
Need legal help getting benefits for your Utah workers compensation case? Simply complete our free form below to get started today!
Work Injuries Covered Under Utah Workers' Compensation
Most injuries which occur at work will be covered by Utah workers' compensation laws as long as they arise from the scope of an employee's job and while the employee is performing their job. Some workplace injuries may not be covered including those which are caused from an employee's intoxication, their blatant disregard of standard safety procedures, their intentional actions to injure another person or themselves or while they are travelling to or from work.
If you have been denied Utah workers' compensation, contact a Utah work comp lawyer for more information about whether or not your Utah workplace injury is covered under Utah workman's comp law.
Utah Workers' Compensation Benefits
Utah workman's compensation is provided to Utah workers who are injured while performing their job duties or who have suffered from an occupational illness. Work comp benefits can include medical benefits, temporary total disability benefits (TTD), temporary partial disability benefits (TPD), permanent partial disability benefits (PPD), permanent total disability benefits (PTD), death benefits for surviving dependents of deceased employees and vocational rehabilitation training.
Medical Benefits - Medical benefits are provided to injured Utah workers with no monetary or time limitations. Medical care is provided for all necessary and reasonable medical services which are needed to help the employee heal from their work injury. Medical services which may be covered by Utah workers' compensation can include: medical services, laboratory services, doctor's visits, hospitalizations and prescribed medications.
Utah employers are allowed, under Utah work comp laws, to select the physician who makes the first examination of the injured employer. Subsequent physician choices are made by the employee. Talk to your employer prior to seeking medical care for a Utah work injury.
Temporary Total Disability Benefits (TTD) - Temporary total disability benefits (TTD) are provided to injured Utah workers who are unable to work for a short period of time due to their work injury. TTD benefits are not paid for the first 3 days of employment unless the worker misses 14 or more days of employment.
TTD benefits are paid at 2/3 of the Utah worker's average weekly wage (subject to state maximum and minimum allowable amounts) at the time of the work injury, plus additional compensation for dependents ($5.00 increase for each child up to 4). Compensation may be paid for a maximum of 312 weeks or less if the employee is able to return to work.
Temporary Partial Disability Benefits (TPD) - Temporary partial disability benefits (TPD) are paid to workers who are injured at work but who are able to return to reduced or limited employment and who are unable to earn the same wage they could earn prior to the work injury.
TPD benefits are paid at 2/3 the difference between the Utah worker's current earnings and their average weekly wage prior to the injury (plus dependent pay). TPD benefits are paid until the employee reaches their maximum medical improvement.
Permanent Partial Disability Benefits (PPD) - Permanent partial disability benefits (PPD) may be awarded to employees who have been injured at work and have reached their maximum medical impairment level but continue to have permanent and partial impairments.
PPD ratings are assigned by a medical doctor and compensation is paid according to the rating.
Permanent Total Disability Benefits (PTD) - Permanent total disability benefits (PTD) are paid to employees who are injured and due to their Utah workplace injury are unable to return to any type of employment. Permanent total disability payments are paid at 66 2/3% of the worker's wage, subject to state maximum and minimum amounts.
Benefits may be paid for 312 weeks and adjusted to 36% of Utah's average weekly wage. Increased compensation may also be allowed for a spouse and for each child (up to a total of 4). The total amount of PTD benefits cannot exceed 85% of the Utah's average weekly wage. Calculating permanent total disability benefits can be complicated. Talk to a Utah workers' compensation lawyer for more specific information regarding your workman's compensation claim.
Death benefits may be paid to the surviving dependents of the deceased Utah employee. Utah death benefits are paid at 66 2/3% of the deceased worker's average weekly wage at the time of Utah workplace injury. Additional compensation may be added for each dependent who is less than 18 years of age (up to a maximum of $25.00).
Death benefits are paid for a maximum of 312 weeks but may be reduced if the dependents receive Social Security death benefits. Compensation may also be provided for burial expenses up to the state maximum allowable amount which his currently $8,000. Surviving spouses may forfeit their right to death benefits if they remarry, however, they will be entitled to 52 weeks of compensation in a lump sum payment or the balance of the award (or the less of the two).
Vocational Rehabilitation - Vocational rehabilitation is often offered to employees who have been injured at work and are unable to return to their previous job. Vocational rehabilitation services vary by state but generally include job retraining, job counseling, job placement or job modification.