Legal Services for Workers Compensation in Utah

Have you received an injury at work? Worker’s compensation laws date back to the beginning of the twentieth century. In the likelihood that you have or will in the future, your employer is generally expected to have worker’s compensation insurance to assist you. You may still receive wages and your medical bills may be paid in exchange for you giving up the ability to file a lawsuit for the accident.

CHECK OUT OUR UTAH WORKERS COMPENSATION INFO BLOG HERE!!

Here are Utah Workers’ Compensation Frequently asked questions(FAQ)

What is workers’ compensation?
How do I find out who the workers’ compensation
insurance carrier is for my employer?

How long do I have to work at a job before I am
protected by the workers’ compensation system?

Can my claim be denied because I was at fault
for the injury?

What benefits does the workers’ compensation
system provide?

When do workers’ compensation benefits begin?
How much will I receive while I am unable to work?
How long will I receive disability compensation?
Can I refuse an offer of light-duty work from
my employer?

Can my employer or its insurance carrier require me
to go to a specific doctor or hospital for treatment?

Am I required to release my medical records to my
employer or insurance company?

Can my employer fire me if I can’t return to
work due to a job injury or illness?

What is workers’ compensation? Workers’ compensation is a no-fault insurance system established by the Utah Legislature in 1917. It pays
medical expenses and helps offset lost wages for employees with work-related injuries or illnesses.

How do I find out who the workers’ compensation insurance carrier is for my employer?Your employer is required to post its workers’
compensation insurance carrier’s address and phone number at its employment site, or indicate that it is self-insured. You can also obtain this information by
Clicking here then clicking on the “Compcheck” link or
by calling the Industrial Accidents Division

How long do I have to work at a job before I am protected by the workers’ compensation system? Protection begins as soon as you start work. You are
entitled to workers’ compensation benefits for work injuries and illnesses even if you have been on the job only a short time, or only work part-time.

Can my claim be denied because I was at fault for the injury? No. Workers’ compensation is a no-fault system. However, workers’ compensation does not cover intentional selfinflicted injuries. Disability compensation (but not medical benefits) may be denied for injuries from alcohol or drug abuse. Also, disability compensation can be reduced by
15% for willful failure to use safety devices or follow safety rules.

What benefits does the workers’ compensation
system provide?
Depending on your specific circumstances,
workers’ compensation can pay one or more of the
following benefits.
Medical Care is the reasonable expense of medical
care necessary to treat your work injury or illness. This
includes visits to your doctor, hospital bills, medicine and
prosthetic devices. It also includes reimbursement for
the cost of travel to receive medical treatment. Except as
explained in answer to Question 28, you are not liable for
any cost of this medical care.
Temporary Total Disability Compensation is paid for the
time a doctor determines you are unable to do any
work because of a work injury or illness. However, no
compensation is paid for the first 3 days after an injury or
illness unless the disability prevents you from working for
more than a total of 14 days. In that case, you will be paid
for the first 3 days of disability. This type of compensation
ends when you return to work or reach medical stability.
Temporary Partial Disability Compensation is paid if
your work injury or illness prevents you from earning your
full regular wage while you are recovering. For example, if
you work fewer hours or work at a light-duty job that pays
less than your regular job, you are entitled to temporary
partial disability compensation in addition to your wages.

Permanent Partial Disability Compensation is paid if
your work injury or illness leaves you with a permanent
impairment. This compensation begins when your doctor
determines that you have reached medical stability; the
duration of this compensation is determined according to
an “impairment rating” provided by your physician.
Permanent Total Disability Compensation is paid if your
work-related injury or illness leaves you with a permanent
disability that prevents you from returning to your former
work or performing any other work that is reasonably
available to you.

When do workers’ compensation benefits begin? An insurance carrier or self-insured employer has 21 days
after learning of your work injury or illness to either: 1)
begin payment; 2) deny your claim; or 3) notify you that
further investigation is required. If further investigation is
necessary, the insurance carrier or self-insured employer
has an additional 24 days to accept or deny your claim. If
your claim is accepted, checks for disability compensation
are usually issued every two weeks.

What is workers’ compensation? Temporary total disability is computed at two-thirds of
your pre-injury weekly wage, plus $5 for your spouse and
$5 each for up to four dependent children. The maximum
amount of your temporary total disability compensation
cannot exceed the Utah average weekly wage issued by
Utah Department of Workforce Services.

How long will I receive disability compensation? You will receive temporary total disability compensation
until you can return to your regular work, your employer
offers you suitable light-duty work, or you reach medical
stability. The maximum duration for temporary total
disability compensation is 312 weeks within a 12 year
period of time from the date of injury.

Can I refuse an offer of light-duty work from
my employer?
Not without a good reason. If your employer offers
suitable light-duty work, you are required to accept
the work or risk losing your temporary disability
compensation.

Can my employer or its insurance carrier require me
to go to a specific doctor or hospital for treatment?
Only for the first visit. Specifically, if your employer or
insurance company has notified you of a “preferred
provider organization” (PPO), you must go there for your
first medical treatment; if you do not, you may be liable
for part of the initial treatment cost. But after your first
visit to the PPO, you can obtain treatment from the
medical provider of your choice.

Am I required to release my medical records to my
employer or insurance company?
Because medical records are necessary to evaluate and
administer workers’ compensation claims, workers’
compensation insurance carriers and claims administrators
of self-insured employers are generally entitled to 10 years
of past medical records. Your employer is not entitled to
these records.

Can my employer fire me if I can’t return to
work due to a job injury or illness?
The Utah Workers’ Compensation Act does not prohibit
an employer from discharging an injured worker if the
worker can no longer perform his or her job. However, an employer may not fire someone in retaliation of claiming workers’ compensation benefits and the Americans With Disabilities Act and Family Medical Leave Act may provide protection to injured workers

Millions of American workers apply every year for worker’s compensation, but many are denied fair compensation, so having legal aid can give you an advantage. Do not expect your employer or the insurance company to keep your best interests as a priority. The insurance adjuster who reviews your case is motivated to keep the cost of the claim low, which may be in conflict with giving you fair compensation. Worker’s compensation attorneys are familiar not only with state laws but also the necessary processing, such as the required forms for medical reimbursement or in the case of denial, how to appeal. As a result, they can make sure your claim successfully navigates the legal system with less time and stress on your part.

Even if you are not party to a work-related injury at this time, it would still be a good idea to visit your Human Resources representative and sign up if you have not.

The state of Utah has worker’s compensation laws that are fairly similar to most states, but there are a few differences. We recommend that you do some reading about worker’s compensation, but do not feel overwhelmed – we are here to help!