Utah Worker's Compensation Benefits
By Aaron Larson
Law Offices of Aaron Larson
July, 2003
Important Notice: The following overview of Utah's worker's compensation (workmans comp) benefits is presented on an as-is basis. This information is believed accurate as of the date of authorship, but is not intended to provide a complete analysis of available benefits and may not reflect subsequent changes in the law. For a full review of Utah's worker's compensation law, or for a determination of how the law applies to a specific worker, please consult a worker's compensation attorney licensed to practice in the state of Utah.
Contents
- Introduction
- Special Employment Situations
- Medical Benefits & Choice of Physician
- Disability Benefits Provided
- Death Benefits Provided
- Limits on Attorney Fees
Introduction
Utah's system of worker's compensation (workman's comp) is compulsory, meaning that employers are required to provide worker's compensation insurance for their employees. Worker's compensation insurance may be provided through a competitive state fund, a private insurance carrier, or employers may self-insure. Waivers are not permitted.
Special Employment Situations
Most agricultural employers are required to provide worker's compensation coverage. Any domestic worker regularly employed for forty or more hours per week by the same employer is covered by the state worker's compensation act.
Medical Benefits & Choice of Physician
Full medical benefits are provided to employees entitled to worker's compensation benefits, with no time or monetary limits. The employer selects the physician who provides the first examination of the employee, after which the employee may make one choice of physician.
Disability Benefits Provided
Payments are made for temporary total disability (TTD) in an amount determined by a percentage of the worker's wage, subject to weekly maximum and minimum payment amounts. Payments may continue for up to 312 weeks.
Payments are made for permanent total disability (PTD) based upon a percentage of the worker's wage, subject to weekly minimum and maximum payment amounts. Payments for PTD may continue for up to 312 weeks, or for life if the claimant cannot be rehabilitated.
Payments for permanent partial disability (PPD) are made based upon a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments for PPD may continue for up to 312 weeks.
Scheduled awards are paid in addition to total temporary disability benefits starting upon termination of the termination of the TTD benefits. Scheduled awards are not reduced because of receipt of TTD benefits.
Benefits may be available for disfigurement of areas of the body not specifically covered in the schedule of injuries.
Physical rehabilitation benefits are covered under medical services. Vocational rehabilitation benefits are available.
With certain constraints and filing deadlines, occupational hearing losses may be compensable.
Death Benefits Provided
Death benefits are payable to an employee's surviving spouse, or spouse and children, based upon a percentage of the employee's wages, subject to a cap. A minimum benefit is provided regardless of the employee's earnings. A burial allowance is available.
Limits on Attorney Fees
Attorney fees for claimants are limited by statute to 20% of the first $15,000, 15% of the next $15,000, and 10% of the balance, subject to a maximum fee cap.
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