Guide to Filing a Workers Compensation Claim in Utah
How to File a Workers’ Compensation Claim in Utah
With a few narrow exceptions, Utah requires all employers to carry workers’ compensation insurance. Workers’ compensation protects workers who sustain injuries on the job by compensating them for lost wages and injuries, as well as covering medical expenses. If you’ve suffered a work-related injury, you might be wondering if your case qualifies for workers’ comp and how to file a claim. Read below for The Advocates’ guide to filing a workers’ compensation claim in Utah.
I’ve Been Injured on the Job, Now What?
There are many steps involved in a workers’ compensation claim. It is crucial that claimants follow all the steps of the process, or they may lose their right to a claim.
The first step will be to report your injury to your employer. While the law allows an injury to be reported up to 180 calendar days after being injured, it is in your best interest to report any injury immediately. Insurance adjusters may express doubts about claims that are not submitted right away. Sometimes an injury that does not seem that serious develops unforeseen complications, so if in doubt, err on the side of reporting the injury.
This report can be to your supervisor, manager, human resources, or any individual or department designated to receive an injury report. However the report is made, it is very important that the report is documented and that you keep a copy of any forms or records. Proper documentation can help to prevent any delays in receiving your compensation. Sometimes an injury that does not seem that serious develops unforeseen complications, so if in doubt, err on the side of reporting the injury.
Within seven days of receiving a report of injury, your employer must notify their insurance carrier. The insurance company then has 14 days to file a First Report of Injury form with the Industrial Accidents Division. They are required to provide you with a copy of this completed form. Your copy should be accompanied by a form detailing your rights and responsibilities.
You will need to seek medical care for your injuries. You may be required to see your employer’s insurance company’s preferred medical provider for your initial appointment. You may change providers once during the life of your claim, but you must first make sure that the provider accepts your workers’ compensation insurance.
Types of Injuries Covered by Workers’ Compensation in Utah
Workers’ compensation is designed to cover any injury or illness that occurs in the course of your employment. Injuries sustained while off-duty, on break, or during your commute will typically not be covered. Traumatic injuries like a broken bone as well as occupational illnesses like cancer or carpal tunnel are covered.
As a general rule of thumb, if the contents of a first aid kit can fully treat your injury then it is likely not severe enough to warrant filing a workers’ compensation claim. Injured employees also do not qualify for workers’ comp if their injuries were sustained due to horseplay.
Injuries sustained while you were acting in the course and scope of your job will be covered even if not at your usual business location. For example, if you were driving to visit a client and were in a car accident and sustained injuries that required more than simple first aid, lost wages and medical bills from the accident would qualify for compensation.
Workers’ compensation covers all workers equally, including part-time and new employees.
Available Utah Workers’ Compensation Benefits
The compensation an injured worker can receive after their accident will depend on the severity of their injuries and the treatment they receive. Some common damages included in workers’ comp claims include:
- Medical treatment expenses
- Travel expenses to and from medical care appointments
- Temporary or permanent disability payments
- Lost wages
While you are temporarily disabled and unable to work you will receive two-thirds of your average weekly wages plus $20.00 per dependent. The weekly amount cannot exceed the average weekly wage for the state. As of 2023, the maximum for temporary disability benefits is $1,230 per week. This amount is recalculated each year.
Workers’ Compensation and Permanent Disabilities
Permanent partial disabilities receive a weekly benefit that is two-thirds of past weekly wages, not to exceed two-thirds of the state average wage. For most injuries, Utah has adopted a schedule of the length of time benefits are to be paid based on the specific injury. For injuries not covered by the schedule, the length of time benefits are paid will not exceed 312 weeks.
Full permanent disability qualifies for two-thirds of past wages not to exceed 85% of the state average weekly wage at the time of the accident. After the initial 312 weeks, the minimum benefit will be 36% of the current state average weekly wage. As of 2023, the maximum for permanent partial disability benefits is $820.
The maximum for permanent full disability benefits is $1,046 per week as of 2023.
Options if Your Workers’ Compensation Claim is Denied
Sometimes a claim is outright denied or specific portions are disputed by the insurance company. You have the right to file for an appeal of their decision with the Utah Labor Commission. Upon receiving your request for an appeal, the Labor Commission will ask your employer to file an Answer within 30 days.
After the Answer has been filed, a hearing will be scheduled. The hearing will be before an administrative judge and will adhere to many of the same rules as a regular court proceeding.
If you are not satisfied with the judge’s decision you have 30 days to file a Motion to Review with the Labor Commission Appeals Board. A further review of that decision will have to be made directly to the Utah Court of Appeals. The full process of disputing a claim denial can become quite complex and hiring an attorney who specializes in workers’ compensation law is vital to protecting your rights.
Hire an Advocate for Your Utah Workers’ Compensation Claim
The Advocates have been helping Utah residents with workplace injuries for more than 30 years. Our experienced attorneys will guide you through the workers’ compensation claims process to help you get the compensation you deserve.
Whether you have suffered an acute injury, an occupational disease, or permanent disability, The Advocates are ready to take on your workers’ compensation case. Contact us today for a free consultation.
You deserve competent, compassionate legal representation for your workers’ comp claim. You deserve an Advocate.