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Workers' Compensation Summary - Utah

 

Labor Commission of Utah, Division of Industrial Accidents logoThe Labor Commission of Utah, Division of Industrial Accidents is responsible for administering Workers' Compensation in Utah. The following brief summary is intended to provide a general overview of Workers' Compensation coverage and benefits in Utah. See the separate topic for help with acronyms. For further information contact your local or state Workers' Compensation Program office. This information is based on data originally provided by the U.S. Department of Labor and updated by the Division of Industrial Accidents, and is believed current as of January 2011.

In Utah, compensation benefits are adjusted annually, and changes become effective July 1 of each year. The rates shown below are in effect from July 1, 2010 to June 30, 2011.

Type of Law and Insurance Requirements

In Utah, workers' compensation is compulsory, and no waivers are permitted. There is a competitive state fund. Employers may insure through private carriers or self-insurance, but not through groups of employers. There is no exemption for employers with small numbers of employees.

Coverage of Agricultural Workers

Employers with a payroll of $8,000 or less do not have to provide coverage for their employees. Employers with a payroll between $8,000 and $50,000 are required to have full coverage, or liability insurance in the amount of $300,000 and $5,000 for medical care. Employers whose payroll is more than $50,000 are required to have full coverage for their employees.

Coverage of Domestic Employees

Any domestic worker regularly employed for 40 or more hours per week by the same employer is covered.

Medical Benefits

Full medical benefits are provided with no time or monetary limitations.

Benefits for Temporary Total Disability (TTD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $45 and the maximum is $732, 100% of SAWW. The maximum period of payments is 312 weeks, over a period of 12 years from date of injury. There is an additional $5 for a dependent spouse and each dependent child up to 4 under age 18, but total may not exceed 100% of SAWW.

Benefits for Permanent Total Disability (PTD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $45 and the maximum is $622.00, 85% of SAWW. The maximum period of payments is 312 weeks, or life if claimant cannot be rehabilitated. After the initial 312 weeks, the minimum weekly compensation rate shall be 36% of the current state average weekly wage, rounded to the nearest dollar. There is an additional $5 for a dependent spouse and each dependent child up to 4 under age 18, but total may not exceed 85% of SAWW.

Benefits for Permanent Partial Disability (PPD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $45 to $70 according to number of dependents ($5 extra each for a spouse and up to 4 children) but not more than the employee's AWW, and the maximum is $488, 66 2/3 percent of SAWW. For non-scheduled injuries, the maximum period of payments is 312 weeks, and the maximum total amount is $152,256. In case partial disability begins after a period of total disability, the period of total disability will be deducted from the maximum.

Disfigurement Benefits

Utah laws cover disfigurement for "Areas of the body not specifically covered in schedule". The benefits provide for such period of compensation as the Commission shall deem equitable and in proportion as near as may be to compensation for specific loss as set forth in the schedule, for a maximum period of 312 weeks.

Offset Provisions in State Laws

Section 35-1-67(4)--After the first 312 weeks of permanent total disability payments have been made, future payments will be reduced by the dollar amount of 50 percent of the Social Security retirement benefits received by the employee during the same period.

Section 35-1-68(2)(A)(ii)--Reduces weekly death benefits to wholly dependent spouses after the first six-year period following an employee's death by 50 percent of any Federal Social Security death benefits.

Contact Information

Labor Commission of Utah
Division of Industrial Accidents
160 East 300 South, 3rd Floor
Salt Lake City, UT 84111

Mailing Address:
P.O. Box 146610
Salt Lake City, UT 84114-6610

Phone: (801) 530-6800

Internet: http://laborcommission.utah.gov/IndustrialAccidents/index.html

Additional Information

The Division of Industrial Accidents Rules are available online at:
http://www.rules.utah.gov/publicat/code/r612/r612.htm

Utah Workers' Compensation Law - Title 34A, Chapters 2 and 3 is available online at:
http://www.le.state.ut.us/~code/code.htm

The Labor Commission of Utah produces an Employee's Guide to Workers' Compensation, available online at:
http://laborcommission.utah.gov/IndustrialAccidents/Publications/pdfs/wc_employee_guide_2009_1.pdf

The corresponding Employer's Guide to Workers' Compensation is available online at:
http://laborcommission.utah.gov/IndustrialAccidents/Publications/pdfs/Employers%20Guide.pdf

Other State's Summaries

Curious about the Workers' Compensation program in another state? Want to see a summary like this one? Click here to select another state's summary.

Source

Information for this topic was drawn from pages of the Division of Industrial Accidents website at:
http://laborcommission.utah.gov/IndustrialAccidents/index.html
http://laborcommission.utah.gov/IndustrialAccidents/Publications/pdfs/QUICK%20REFERENCE%20GUIDE%20TO%20WORKERS%202010.pdf
http://laborcommission.utah.gov/IndustrialAccidents/Publications/pdfs/QUICK%20REFERENCE%20GRID%202008.pdf


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