Effective 5/14/2019 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 dependent of a deceased employee. (c) […]
Effective 5/5/2021 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) For the purposes of the exclusive remedy in this chapter and […]
Effective 5/14/2019 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: (A) in the service of: (I) the state; (II) a county, city, or […]
Effective 3/22/2018 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 described in Section 53G-7-903 or 53B-16-403. (b) “Nongovernment entity” means […]
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 the exclusive remedy against any officer, agent, or employee of the employer […]
Effective 5/5/2021 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 maintain action not involving employee-employer relationship — […]
Affected by 63I-1-234 on 7/1/2027 Effective 5/4/2022 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 employer representatives; and (ii) five employee representatives; (b) […]
Affected by 63I-2-234 on 5/15/2025 Effective 5/5/2021 34A-2-107.3. Mental Health Protections for First Responders Workgroup. (1) There is created the Mental Health Protections for First Responders Workgroup within the commission consisting of the following members: (a) the commissioner or the commissioner’s designee; (b) one member of the Senate, appointed by the president of the Senate, […]
Effective 5/8/2018 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 employee to pay any portion of the premium paid […]
Effective 5/12/2020 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) If a rule of liability or method of compensation is established by the […]
Effective 5/4/2022 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) “Knowingly” means the same as that term is defined […]
Effective 5/12/2015 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 clinic; (C) an emergency care center; (D) a […]
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 commissioner and the Appeals Board. (2) The commission: (a) has jurisdiction over every workplace […]
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 insurance carrier all notices or orders provided for under this chapter or Chapter 3, Utah […]
Effective 5/8/2018 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) intimidate, coerce, or harass an employee with the intent of preventing the […]
