Section 205 – Determining employers of first responders — Volunteer first responders — Workers’ compensation premiums.

• (1) For purposes of receiving workers’ compensation benefits, a first responder performing the services of a first responder is considered an employee of an entity for whom the first responder provides those services.

• (2)
  • (a) A first responder who only performs the services of a first responder for minimal or no compensation or on a volunteer basis receives an amount of workers’ compensation:
    • (i) calculated in accordance with Section 34A-2-409; and
    • (ii)
      • (A) based on the first responder’s primary employment, if the first responder is primarily employed other than as a first responder; or
      • (B) based on the Utah minimum wage, if the first responder has no employment other than as a first responder.
  • (b) An entity for whom a first responder provides first responder services for minimal or no compensation or on a volunteer basis shall:
    • (i) pay any excess premium necessary for workers’ compensation, if the first responder is primarily employed other than as a first responder; and
    • (ii) pay any premium necessary for workers’ compensation, if the first responder has no employment other than as a first responder.

• (3) A first responder is not precluded from utilizing insurance a primary employer provides, or any other insurance benefits, in addition to workers’ compensation benefits.

Renumbered and Amended by Chapter 5, 2020 Special Session 5