Section 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 employee from making a claim or receiving workers’ compensation benefits under this chapter or Chapter 3, Utah Occupational Disease Act.

• (2) An employer may not suspend, discharge, discipline, threaten to discharge or discipline, or otherwise retaliate against an employee solely because the employee:
  • (a) claims or attempts to claim workers’ compensation benefits under this chapter or Chapter 3, Utah Occupational Disease Act;
  • (b) reports an employer’s noncompliance with a provision of this chapter or Chapter 3, Utah Occupational Disease Act; or
  • (c) testifies or intends to testify in a workers’ compensation proceeding.

• (3) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the division may impose a fine of up to $5,000 against an employer for each violation of Subsection (1) or (2).

• (4) The division shall deposit any money collected under this section into the Uninsured Employers’ Fund created in Section 34A-2-704.

• (5) This section does not affect the rights or obligations of an employee or employer under common law.

Enacted by Chapter 225, 2018 General Session