34A-2-401. Compensation for industrial accidents to be paid. (1) An employee described in Section 34A-2-104 who is injured and the dependents of each such employee who is killed, by accident arising out of and in the course of the employee’s employment, wherever such injury occurred, if the accident was not purposely self-inflicted, shall be paid: […]
34A-2-402. Mental stress claims. (1) Physical, mental, or emotional injuries related to mental stress arising out of and in the course of employment shall be compensable under this chapter only when there is a sufficient legal and medical causal connection between the employee’s injury and employment. (2) (a) Legal causation requires proof of extraordinary mental […]
34A-2-403. Dependents — Presumption. (1) (a) The following persons are presumed to be wholly dependent for support upon a deceased employee: (i) a child under 18 years of age, subject to the conditions of Subsections (1)(b) and (2)(b); (ii) a child who is 18 years of age or older: (A) if the child is: (I) […]
34A-2-404. Injuries to minors. (1) A minor is considered sui juris for the purposes of this chapter and Chapter 3, Utah Occupational Disease Act, and no other person shall have any cause of action or right to compensation for an injury to the minor employee. (2) Notwithstanding Subsection (1), in the event of the award […]
34A-2-405. Employee injured outside state — Entitled to compensation — Limitation of time. (1) Except as provided in Subsection (2), if an employee who has been hired or is regularly employed in this state receives personal injury by accident arising out of and in the course of employment outside of this state, the employee, or […]
Effective 12/31/2017 34A-2-406. Exemptions from chapter for employees temporarily in state — Conditions — Evidence of insurance. (1) Any employee who has been hired in another state and the employee’s employer are exempt from this chapter and Chapter 3, Utah Occupational Disease Act, while the employee is temporarily within this state doing work for the […]
Effective 5/5/2021 34A-2-407. Reporting of industrial injuries — Regulation of health care providers. (1) As used in this section, “physician” is as defined in Section 34A-2-111. (2) (a) An employee sustaining an injury arising out of and in the course of employment shall provide notification to the employee’s employer promptly of the injury. (b) If […]
34A-2-407.5. Rules regarding treatment protocols and determinations of medical necessity — Contracts. (1) The commission may by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establish for purposes of health care goods and services compensable under this chapter and Chapter 3, Utah Occupational Disease Act, reasonable health care treatment protocols, […]
34A-2-408. Compensation — None for first three days after injury unless disability extended. (1) (a) Except as provided in Subsections (1)(b) and (2), compensation may not be allowed for the first three days after the injury is received. (b) The disbursements authorized in this chapter or Chapter 3, Utah Occupational Disease Act, for medical, nurse […]
34A-2-409. Average weekly wage — Basis of computation. (1) Except as otherwise provided in this chapter or Chapter 3, Utah Occupational Disease Act, the average weekly wage of the injured employee at the time of the injury is the basis upon which to compute the weekly compensation rate and shall be determined as follows: (a) […]
Effective 7/1/2018 34A-2-410. Temporary disability — Amount of payments — State average weekly wage defined. (1) (a) Subject to Subsections (1)(b) and (5), in case of temporary disability, so long as the disability is total, the employee shall receive 66-2/3% of that employee’s average weekly wages at the time of the injury but: (i) not […]
Effective 5/12/2020 34A-2-410.5. Employee cooperation with reemployment. (1) As used in this section: (a) “Controlled substance” is as defined in Section 58-37-2. (b) “Correctional facility” means: (i) a correctional facility as defined in Section 76-8-311.3; or (ii) a facility operated by or contracting with the federal government to house a criminal offender in either a […]
Effective 7/1/2018 34A-2-411. Temporary partial disability — Amount of payments. (1) If the injury causes temporary partial disability for work, the employee shall receive weekly compensation equal to: (a) 66-2/3% of the difference between the employee’s average weekly wages before the accident and the weekly wages the employee is able to earn after the accident, […]
Effective 7/1/2018 34A-2-412. Permanent partial disability — Scale of payments. (1) An employee who sustained a permanent impairment as a result of an industrial accident and who files an application for hearing under Section 34A-2-417 may receive a permanent partial disability award from the commission. (2) Weekly payments may not in any case continue after […]
Effective 7/1/2018 34A-2-413. Permanent total disability — Amount of payments — Rehabilitation. (1) (a) In the case of a permanent total disability resulting from an industrial accident or occupational disease, the employee shall receive compensation as outlined in this section. (b) To establish entitlement to permanent total disability compensation, the employee shall prove by a […]
Effective 10/1/2016 34A-2-413.5. Injured worker reemployment. (1) As used in this section: (a) (i) “Gainful employment” means employment that: (A) is reasonably attainable in view of an industrial injury or occupational disease; and (B) offers to an injured worker, as reasonably feasible, an opportunity for earnings. (ii) Factors considered in determining gainful employment include an […]
34A-2-414. Benefits in case of death — Distribution of award to dependents — Death of dependents — Remarriage of surviving spouse. (1) (a) Subject to the other provisions of this section, benefits in case of death of an employee shall be paid to one or more of the dependents of the decedent employee for the […]
34A-2-415. Increase of benefits to a dependent — Effect of death, marriage, majority, or termination of dependency of children — Death, divorce, or remarriage of spouse. If a benefit is made to, or increased because of a dependent spouse or dependent minor child, as provided in this chapter or Chapter 3, Utah Occupational Disease Act, […]
Effective 5/10/2016 34A-2-416. Additional benefits in special cases. Benefits received by a wholly dependent person under this chapter or Chapter 3, Utah Occupational Disease Act, extend indefinitely if at the termination of the benefits: (1) the wholly dependent person is still in a dependent condition; and (2) under all reasonable circumstances the wholly dependent person […]
Effective 5/8/2018 34A-2-417. Claims and benefits — Time limits for filing — Burden of proof. (1) (a) Except with respect to prosthetic devices or in a permanent total disability case, an employee is entitled to be compensated for a medical expense if: (i) the medical expense is: (A) reasonable in amount; and (B) necessary to […]
