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 temporarypartial 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 temporary total disability computed as?
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!
