reglab/statecodes huggingface dataset:
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 1 - Labor Commission Act › Part 4 - Miscellaneous › Section 405 - Employer's records subject to examination -- Penalty.

34A-1-405.
Employer's records subject to examination -- Penalty.
(1) A book, record, or payroll of an employer showing, or reflecting in any way upon the amount of the employer's wage expenditure shall always be open for inspection by the commission, or any of the commission's auditors, inspectors, or assistants, for the purpose of ascertaining:
(a) the correctness of the wage expenditure;
(b) the number of individuals employed; and
(c) other information as may be necessary for the uses and purposes of the commission in its administration of the law.
(2)
(a) If an employer refuses to submit a book, record, or payroll for inspection, after being presented with written authority from the commission, the employer is liable for a penalty of $100 for each offense.
(b) A penalty imposed under this section shall be:
(i) ordered under a civil action;
(ii) deposited into the Uninsured Employers' Fund created in Section 34A-2-704 to be used for a purpose specified in Section 34A-2-704; and
(iii) collected by the administrator of the Uninsured Employers' Fund in accordance with Section 34A-2-704.
Amended by Chapter 288, 2009 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 1 - Labor Commission Act › Part 4 - Miscellaneous › Section 406 - Right of visitation.

34A-1-406.
Right of visitation.
(1) The commissioner or the commissioner's designee may:
(a) enter any place of employment for the purpose of:
(i) collecting facts and statistics; or
(ii) examining the provisions made for the health and safety of the employees in the place of employment; and
(b) bring to the attention of every employer any law, or any final order or rule of the commission, and any failure on the part of the employer to comply with the law, rule, or final order.
(2) An employer may not refuse to admit the commissioner or the commissioner's designee to the employer's place of employment.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 1 - Labor Commission Act › Part 4 - Miscellaneous › Section 407 - Investigation of places of employment -- Violations of rules or orders -- Temporary injunction.

34A-1-407.
Investigation of places of employment -- Violations of rules or orders -- Temporary injunction.
(1)
(a) Upon complaint by any person that any employment or place of employment, regardless of the number of persons employed, is not safe for any employee or is in violation of state law, the commission shall refer the complaint for investigation and administrative action under:
(i)Chapter 2, Workers' Compensation Act;
(ii)Chapter 3, Utah Occupational Disease Act;
(iii)Chapter 5, Utah Antidiscrimination Act;
(iv)Chapter 6, Utah Occupational Safety and Health Act;
(v)Chapter 7, Safety; or
(vi) any combination of Subsections (1)(a)(i) through (v).
(b) Notwithstanding Subsection (1)(a) and Title 40, Chapter 2, Coal Mine Safety Act, for any Utah mine subject to the Federal Mine Safety and Health Act, the sole duty of the commission is to notify the appropriate federal agency of the complaint.
(2) Notwithstanding any other penalty provided in this title, if any employer, after receiving notice, fails or refuses to obey the rules or order of the commission relative to the protection of the life, health, or safety of any employee, the district court of Utah is empowered, upon petition of the commission to issue, ex parte and without bond, a temporary injunction restraining the further operation of the employer's business.
Amended by Chapter 291, 2001 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 1 - Labor Commission Act › Part 4 - Miscellaneous › Section 408 - Investigations through representatives.

34A-1-408.
Investigations through representatives.
(1) For the purpose of making any investigation necessary for the implementation of this title with regard to any employment or place of employment, the commission may appoint, in writing, any competent person who is a resident of the state, as an agent, whose duties shall be prescribed in the written appointment.
(2) In the discharge of the agent's duties, the agent shall have:
(a) every power of investigation granted in this title to the commission; and
(b) the same powers as a referee appointed by a district court with regard to taking evidence.
(3) The commission may:
(a) conduct any number of the investigations contemporaneously through different agents; and
(b) delegate to the agents the taking of evidence bearing upon any investigation or hearing.
(4) The recommendations made by the agents shall be advisory only and do not preclude the taking of further evidence or further investigation if the commission so orders.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 1 - Labor Commission Act › Part 4 - Miscellaneous › Section 409 - Partial invalidity -- Saving clause.

34A-1-409.
Partial invalidity -- Saving clause.
Should any section or provision of this title be decided by the courts to be unconstitutional or invalid the same does not affect the validity of the title as a whole or any part of the title other than the part so decided to be unconstitutional.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/3/2023
Superseded 7/1/2024
34A-2-102.
Definitions.
(1) As used in this chapter:
(a) "Average weekly wages" means the average weekly wages as determined under Section 34A-2-409.
(b) "Award" means a final order of the commission as to the amount of compensation due:
(i) an injured employee; or
(ii) a dependent of a deceased employee.
(c) "Compensation" means the payments and benefits provided for in this chapter or Chapter 3, Utah Occupational Disease Act.
(d)
(i) "Decision" means a ruling of:
(A) an administrative law judge; or
(B) in accordance with Section 34A-2-801:
(I) the commissioner; or
(II) the Appeals Board.
(ii) "Decision" includes:
(A) an award or denial of a medical, disability, death, or other related benefit under this chapter or Chapter 3, Utah Occupational Disease Act; or
(B) another adjudicative ruling in accordance with this chapter or Chapter 3, Utah Occupational Disease Act.
(e) "Director" means the director of the division, unless the context requires otherwise.
(f) "Disability" means an administrative determination that may result in an entitlement to compensation as a consequence of becoming medically impaired as to function. Disability can be total or partial, temporary or permanent, industrial or nonindustrial.
(g) "Division" means the Division of Industrial Accidents.
(h) "First responder" means:
(i) a law enforcement officer, as defined in Section 53-13-103;
(ii) an emergency medical technician, as defined in Section 26B-4-137;
(iii) an advanced emergency medical technician, as defined in Section 26B-4-137;
(iv) a paramedic, as defined in Section 26B-4-137;
(v) a firefighter, as defined in Section 34A-3-113;
(vi) a dispatcher, as defined in Section 53-6-102; or
(vii) a correctional officer, as defined in Section 53-13-104.
(i) "Impairment" is a purely medical condition reflecting an anatomical or functional abnormality or loss. Impairment may be either temporary or permanent, industrial or nonindustrial.
(j) "Order" means an action of the commission that determines the legal rights, duties, privileges, immunities, or other interests of one or more specific persons, but not a class of persons.
(k)
(i) "Personal injury by accident arising out of and in the course of employment" includes an injury caused by the willful act of a third person directed against an employee because of the employee's employment.
(ii) "Personal injury by accident arising out of and in the course of employment" does not include a disease, except as the disease results from the injury.
(l) "Safe" and "safety," as applied to employment or a place of employment, means the freedom from danger to the life or health of employees reasonably permitted by the nature of the employment.
(2) As used in this chapter and Chapter 3, Utah Occupational Disease Act:
(a) "Brother or sister" includes a half brother or sister.
(b) "Child" includes:
(i) a posthumous child; or
(ii) a child legally adopted prior to an injury.
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 1 - General Provisions › Section 102 - Definition of terms.

Effective 7/1/2024
34A-2-102.
Definition of terms.
(1) As used in this chapter:
(a) "Average weekly wages" means the average weekly wages as determined under Section 34A-2-409.
(b) "Award" means a final order of the commission as to the amount of compensation due:
(i) an injured employee; or
(ii) a dependent of a deceased employee.
(c) "Compensation" means the payments and benefits provided for in this chapter or Chapter 3, Utah Occupational Disease Act.
(d)
(i) "Decision" means a ruling of:
(A) an administrative law judge; or
(B) in accordance with Section 34A-2-801:
(I) the commissioner; or
(II) the Appeals Board.
(ii) "Decision" includes:
(A) an award or denial of a medical, disability, death, or other related benefit under this chapter or Chapter 3, Utah Occupational Disease Act; or
(B) another adjudicative ruling in accordance with this chapter or Chapter 3, Utah Occupational Disease Act.
(e) "Director" means the director of the division, unless the context requires otherwise.
(f) "Disability" means an administrative determination that may result in an entitlement to compensation as a consequence of becoming medically impaired as to function. Disability can be total or partial, temporary or permanent, industrial or nonindustrial.
(g) "Division" means the Division of Industrial Accidents.
(h) "First responder" means:
(i) a law enforcement officer, as defined in Section 53-13-103;
(ii) an emergency medical technician, as defined in Section 53-2e-101;
(iii) an advanced emergency medical technician, as defined in Section 53-2e-101;
(iv) a paramedic, as defined in Section 53-2e-101;
(v) a firefighter, as defined in Section 34A-3-113;
(vi) a dispatcher, as defined in Section 53-6-102; or
(vii) a correctional officer, as defined in Section 53-13-104.
(i) "Impairment" is a purely medical condition reflecting an anatomical or functional abnormality or loss. Impairment may be either temporary or permanent, industrial or nonindustrial.
(j) "Order" means an action of the commission that determines the legal rights, duties, privileges, immunities, or other interests of one or more specific persons, but not a class of persons.
(k)
(i) "Personal injury by accident arising out of and in the course of employment" includes an injury caused by the willful act of a third person directed against an employee because of the employee's employment.
(ii) "Personal injury by accident arising out of and in the course of employment" does not include a disease, except as the disease results from the injury.
(l) "Safe" and "safety," as applied to employment or a place of employment, means the freedom from danger to the life or health of employees reasonably permitted by the nature of the employment.
(2) As used in this chapter and Chapter 3, Utah Occupational Disease Act:
(a) "Brother or sister" includes a half brother or sister.
(b) "Child" includes:
(i) a posthumous child; or
(ii) a child legally adopted prior to an injury.
Amended by Chapter 310, 2023 General Session
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 1 - General Provisions › Section 105 - Exclusive remedy against employer, and officer, agent, or employee of employer.

34A-2-105.
Exclusive remedy against employer, and officer, agent, or employee of employer.
(1) The right to recover compensation pursuant to this chapter for injuries sustained by an employee, whether resulting in death or not, is the exclusive remedy against the employer and is the exclusive remedy against any officer, agent, or employee of the employer and the liabilities of the employer imposed by this chapter is in place of any and all other civil liability whatsoever, at common law or otherwise, to the employee or to the employee's spouse, widow, children, parents, dependents, next of kin, heirs, personal representatives, guardian, or any other person whomsoever, on account of any accident or injury or death, in any way contracted, sustained, aggravated, or incurred by the employee in the course of or because of or arising out of the employee's employment, and an action at law may not be maintained against an employer or against any officer, agent, or employee of the employer based upon any accident, injury, or death of an employee. Nothing in this section prevents an employee, or the employee's dependents, from filing a claim for compensation in those cases in accordance with Chapter 3, Utah Occupational Disease Act.
(2) The exclusive remedy provisions of this section apply to both the client and the professional employer organization in a coemployment relationship regulated under Title 31A, Chapter 40, Professional Employer Organization Licensing Act.
(3)
(a) For purposes of this section:
(i) "Temporary employee" means an individual who for temporary work assignment is:
(A) an employee of a temporary staffing company; or
(B) registered by or otherwise associated with a temporary staffing company.
(ii) "Temporary staffing company" means a company that engages in the assignment of individuals as temporary full-time or part-time employees to fill assignments with a finite ending date to another independent entity.
(b) If the temporary staffing company secures the payment of workers' compensation in accordance with Section 34A-2-201 for all temporary employees of the temporary staffing company, the exclusive remedy provisions of this section apply to both the temporary staffing company and the client company and its employees and provide the temporary staffing company the same protection that a client company and its employees has under this section for the acts of any of the temporary staffing company's temporary employees on assignment at the client company worksite.
Amended by Chapter 318, 2008 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 1 - General Provisions › Section 108 - Void agreements between employers and employees.

Effective 5/8/2018
34A-2-108.
Void agreements between employers and employees.
(1) Except as provided in Section 34A-2-420, an agreement by an employee to waive the employee's rights to compensation under this chapter or Chapter 3, Utah Occupational Disease Act, is not valid.
(2) An agreement by an employee to pay any portion of the premium paid by the employee's employer is not valid.
(3) Any employer who deducts any portion of the premium from the wages or salary of any employee entitled to the benefits of this chapter or Chapter 3, Utah Occupational Disease Act:
(a) is guilty of a class B misdemeanor; and
(b) shall be fined not more than $100 for each such offense.
Amended by Chapter 148, 2018 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 1 - General Provisions › Section 109 - Interstate and intrastate commerce.

Effective 5/12/2020
34A-2-109.
Interstate and intrastate commerce.
(1) Except as provided in Subsection (2), this chapter and Chapter 3, Utah Occupational Disease Act, apply to employers and their employees engaged in:
(a) intrastate commerce;
(b) interstate commerce; and
(c) foreign commerce.
(2) If a rule of liability or method of compensation is established by the Congress of the United States as to interstate or foreign commerce, this chapter and Chapter 3, Utah Occupational Disease Act, apply only to the extent that:
(a) this chapter and Chapter 3, Utah Occupational Disease Act, have a mutual connection with intrastate work; and
(b) the connection to intrastate work is clearly separable and distinguishable from interstate or foreign commerce.
Amended by Chapter 354, 2020 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 1 - General Provisions › Section 112 - Administration of this chapter and Chapter 3.

34A-2-112.
Administration of this chapter and Chapter 3.
(1) Administration of this chapter and Chapter 3, Utah Occupational Disease Act, is vested in the commission to be administered through the division, the Division of Adjudication, and for administrative appeals through the commissioner and the Appeals Board.
(2) The commission:
(a) has jurisdiction over every workplace in the state and may administer this chapter and Chapter 3, Utah Occupational Disease Act, and any rule or order issued under these chapters, to ensure that every employee in this state has a safe workplace in which employers have secured the payment of workers' compensation benefits for their employees in accordance with this chapter and Chapter 3, Utah Occupational Disease Act;
(b) through the division under the supervision of the director, has the duty and full authority to take any administrative action authorized under this chapter or Chapter 3, Utah Occupational Disease Act; and
(c) through the Division of Adjudication, commissioner, and Appeals Board, provide for the adjudication and review of an administrative action, decision, or order of the commission in accordance with this title.
Enacted by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 1 - General Provisions › Section 113 - Designated agent required.

34A-2-113.
Designated agent required.
Each workers' compensation insurance carrier writing insurance in this state shall maintain a designated agent in this state that is:
(1) registered with the division; and
(2) authorized to receive on behalf of the workers' compensation insurance carrier all notices or orders provided for under this chapter or Chapter 3, Utah Occupational Disease Act.
Enacted by Chapter 295, 2006 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 1 - General Provisions › Section 114 - Unlawful interference -- Penalties.

Effective 5/8/2018
34A-2-114.
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
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 2 - Securing Workers' Compensation Benefits for Employees › Section 201 - Employers to secure workers' compensation benefits for employees -- Methods.

Effective 12/31/2017
34A-2-201.
Employers to secure workers' compensation benefits for employees -- Methods.
An employer shall secure the payment of workers' compensation benefits for its employees by:
(1) insuring, and keeping insured, the payment of this compensation with an insurer authorized under Title 31A, Insurance Code, to transact the business of workers' compensation insurance in this state; or
(2) obtaining approval from the division in accordance with Section 34A-2-201.5 to pay direct compensation as a self-insured employer in the amount, in the manner, and when due as provided for in this chapter or Chapter 3, Utah Occupational Disease Act.
Amended by Chapter 363, 2017 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 2 - Securing Workers' Compensation Benefits for Employees › Section 201.3 - Direct payments prohibited except by self-insured employer.

34A-2-201.3.
Direct payments prohibited except by self-insured employer.
(1) An employer who is not a self-insured employer, as defined in Section 34A-2-201.5, may not pay a benefit provided for under this chapter and Chapter 3, Utah Occupational Disease Act, directly:
(a) to an employee; or
(b) for the employee.
(2)
(a) Subject to Title 63G, Chapter 4, Administrative Procedures Act, if the division finds that an employer is violating or has violated Subsection (1), the division shall send written notice to the employer of the requirements of this section and Section 34A-2-201.
(b) The division shall send the notice described in Subsection (2)(a) to the last address on the records of the commission for the employer.
(3)
(a) If, after the division mails the notice required by Subsection (2) to an employer, the employer again violates Subsection (1), the division may impose a penalty against the employer of up to $1,000 for each violation.
(b) If, after the division imposes a penalty under Subsection (3)(a) against the employer, the employer again violates Subsection (1), the division may impose a penalty of up to $5,000 for each violation.
(4)
(a) The division shall deposit a penalty imposed under Subsection (3) into the Uninsured Employers' Fund created by Section 34A-2-704 to be used for the purposes of the Uninsured Employers' Fund specified in Section 34A-2-704.
(b) The administrator of the Uninsured Employers' Fund shall collect money required to be deposited into the Uninsured Employers' Fund under this Subsection (4) in accordance with Section 34A-2-704.
(5) A penalty under this section is in addition to any other penalty imposed under this chapter or Chapter 3, Utah Occupational Disease Act, against an employer who fails to comply with Section 34A-2-201.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall adopt rules to implement this section.
Amended by Chapter 288, 2009 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 2 - Securing Workers' Compensation Benefits for Employees › Section 202.5 - Offset for occupational health and safety related donations.

Affected by 63I-1-234 on 12/31/2030
Effective 5/5/2021
34A-2-202.5.
Offset for occupational health and safety related donations.
(1) As used in this section:
(a) "Occupational health and safety center" means the Rocky Mountain Center for Occupational and Environmental Health created in Title 53B, Chapter 30, Part 2, Rocky Mountain Center for Occupational and Environmental Health.
(b) "Qualified donation" means a donation that is:
(i) cash;
(ii) given directly to an occupational health and safety center; and
(iii) given exclusively for the purpose of:
(A) supporting graduate level education and training in fields of:
(I) safety and ergonomics;
(II) industrial hygiene;
(III) occupational health nursing;
(IV) occupational injury prevention; and
(V) occupational medicine;
(B) providing continuing education programs for employers designed to promote workplace safety; and
(C) paying reasonable administrative, personnel, equipment, and overhead costs of the occupational health and safety center.
(c) "Self-insured employer" is a self-insured employer as defined in Section 34A-2-201.5 that is required to pay the assessment imposed under Section 34A-2-202.
(2)
(a) A self-insured employer may offset against the assessment imposed under Section 34A-2-202 an amount equal to the lesser of:
(i) the total of qualified donations made by the self-insured employer in the calendar year for which the assessment is calculated; and
(ii) .20% of the self-insured employer's total calculated premium calculated under Subsection 34A-2-202(1)(d) for the calendar year for which the assessment is calculated.
(b) The offset provided under this Subsection (2) shall be allocated in proportion to the percentages provided in Subsection 59-9-101(2)(c).
(3) An occupational health and safety center shall:
(a) provide a self-insured employer a receipt for any qualified donation made by the self-insured employer to the occupational health and safety center;
(b) expend money received by a qualified donation:
(i) for the purposes described in Subsection (1)(b)(iii); and
(ii) in a manner that can be audited to ensure that the money is expended for the purposes described in Subsection (1)(b)(iii); and
(c) in conjunction with the report required by Section 59-9-102.5, report to the Office of the Legislative Fiscal Analyst for review by the Higher Education Appropriations Subcommittee by no later than August 15 of each year:
(i) the qualified donations received by the occupational health and safety center in the previous calendar year; and
(ii) the expenditures during the previous calendar year of qualified donations received by the occupational health and safety center.
Amended by Chapter 425, 2021 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 2 - Securing Workers' Compensation Benefits for Employees › Section 203 - Payment of premiums for workers' compensation.

Effective 12/31/2017
34A-2-203.
Payment of premiums for workers' compensation.
(1) The state shall secure the payment of workers' compensation benefits for its employees:
(a) by:
(i) insuring, and keeping insured, the payment of this compensation with an insurer authorized under Title 31A, Insurance Code, to transact the business of workers' compensation insurance in this state; or
(ii) paying direct compensation as a self-insured employer in the amount, in the manner, and when due as provided for in this chapter or Chapter 3, Utah Occupational Disease Act;
(b) in accordance with Title 63A, Chapter 4, Risk Management; and
(c) subject to Subsection (2).
(2)
(a) If the state determines to secure the payment of workers' compensation benefits for its employees by paying direct compensation as a self-insured employer in the amount, in the manner, and due as provided for in this chapter or Chapter 3, Utah Occupational Disease Act, the state is:
(i) exempt from Section 34A-2-202.5 and Subsection 34A-2-704(14); and
(ii) required to pay a premium assessment as provided in Section 34A-2-202.
(b) If the state chooses to pay workers' compensation benefits for its employees through insuring under Subsection (1)(a)(i), the state shall obtain that insurance in accordance with Title 63G, Chapter 6a, Utah Procurement Code.
Amended by Chapter 363, 2017 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 2 - Securing Workers' Compensation Benefits for Employees › Section 204 - Compliance with chapter -- Notice to employees.

34A-2-204.
Compliance with chapter -- Notice to employees.
(1) Each employer providing insurance, or electing directly to pay compensation to the employer's injured workers, or the dependents of the employer's killed employees, in accordance with this chapter and Chapter 3, Utah Occupational Disease Act, shall post in conspicuous places about the employer's place of business typewritten or printed notices stating, that:
(a) the employer has complied with this chapter and Chapter 3, Utah Occupational Disease Act, and all the rules of the commission made under this chapter and Chapter 3, Utah Occupational Disease Act; and
(b) if such is the case, the employer has been authorized by the division directly to compensate the employees or dependents.
(2) The notice required in Subsection (1) when posted in accordance with Subsection (1), shall constitute sufficient notice to the employer's employees of the fact that the employer has complied with the law as to securing compensation to the employer's employees and their dependents.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 2 - Securing Workers' Compensation Benefits for Employees › Section 206 - Furnishing information to division -- Employers' annual report -- Rights of division -- Examination of employers under oath -- Penalties.

Effective 5/14/2019
34A-2-206.
Furnishing information to division -- Employers' annual report -- Rights of division -- Examination of employers under oath -- Penalties.
(1)
(a) Every employer shall furnish the division, upon request, all information required by it to carry out the purposes of this chapter and Chapter 3, Utah Occupational Disease Act.
(b) In the month of July of each year every employer shall prepare and mail to the division a statement containing the following information:
(i) the number of persons employed during the preceding year from July 1, to June 30, inclusive;
(ii) the number of the persons employed at each kind of employment;
(iii) the scale of wages paid in each class of employment, showing the minimum and maximum wages paid; and
(iv) the aggregate amount of wages paid to all employees.
(2)
(a) The information required under Subsection (1) shall be furnished in the form prescribed by the division.
(b) Every employer shall:
(i) answer fully and correctly all questions and give all the information sought by the division under Subsection (1); or
(ii) if unable to comply with Subsection (2)(b)(i), give to the division, in writing, good and sufficient reasons for the failure.
(3)
(a) The division may require the information required to be furnished by this chapter or Chapter 3, Utah Occupational Disease Act, to be made under oath and returned to the division within the period fixed by it or by law.
(b) The division, or any person employed by the division for that purpose, shall have the right to examine, under oath, any employer, or the employer's agents or employees, for the purpose of ascertaining any information that the employer is required by this chapter or Chapter 3, Utah Occupational Disease Act, to furnish to the division.
(4)
(a) The division may seek a penalty of not to exceed $500 for each offense to be recovered in a civil action brought by the commission or the division on behalf of the commission against an employer who:
(i) within a reasonable time to be fixed by the division and after the receipt of written notice signed by the director or the director's designee specifying the information demanded and served by certified mail or personal service, refuses to furnish to the division:
(A) the annual statement required by this section; or
(B) other information as may be required by the division under this section; or
(ii) willfully furnishes a false or untrue statement.
(b) All penalties collected under Subsection (4)(a) shall be paid into:
(i) the Employers' Reinsurance Fund created in Section 34A-2-702; or
(ii) if the commissioner has made the notification described in Subsection 34A-2-702(7), the Uninsured Employers' Fund created in Section 34A-2-704.
Amended by Chapter 194, 2019 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 2 - Securing Workers' Compensation Benefits for Employees › Section 207 - Noncompliance -- Civil action by employees.

34A-2-207.
Noncompliance -- Civil action by employees.
(1)
(a) Employers who fail to comply with Section 34A-2-201 are not entitled to the benefits of this chapter or Chapter 3, Utah Occupational Disease Act, during the period of noncompliance, but shall be liable in a civil action to their employees for damages suffered by reason of personal injuries arising out of or in the course of employment caused by the wrongful act, neglect, or default of the employer or any of the employer's officers, agents, or employees, and also to the dependents or personal representatives of such employees when death results from such injuries.
(b) In any action described in Subsection (1)(a), the defendant may not avail himself of any of the following defenses:
(i) the fellow-servant rule;
(ii) assumption of risk; or
(iii) contributory negligence.
(2) Proof of the injury shall constitute prima facie evidence of negligence on the part of the employer and the burden shall be upon the employer to show freedom from negligence resulting in the injury.
(3) An employer who fails to comply with Section 34A-2-201 is subject to Sections 34A-2-208 and 34A-2-212.
(4) In any civil action permitted under this section against the employer, the employee shall be entitled to necessary costs and a reasonable attorney fee assessed against the employer.
Amended by Chapter 13, 1998 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 2 - Securing Workers' Compensation Benefits for Employees › Section 208 - Right to compensation when employer fails to comply.

34A-2-208.
Right to compensation when employer fails to comply.
(1) Any employee, or the employee's dependents if death has ensued, may, in lieu of proceeding against the employee's employer by civil action in the courts as provided in Section 34A-2-207, file an application with the Division of Adjudication for compensation in accordance with this chapter or Chapter 3, Utah Occupational Disease Act, when:
(a) the employee's employer failed to comply with Section 34A-2-201;
(b) the employee has been injured by accident arising out of or in the course of the employee's employment, wherever the injury occurred; and
(c) the injury described in Subsection (1)(b) was not purposely self-inflicted.
(2) An application for compensation filed under Subsection (1) shall be treated by the commission, including for purposes of appeal to the commissioner or Appeals Board, as an application for hearing under Section 34A-2-801.
(3)
(a) If an application for compensation is filed under Subsection (1), in accordance with Part 8, Adjudication, the commission shall determine the award due to:
(i) the injured employee; or
(ii) the employee's dependents in case death has ensued.
(b) The employer shall pay the award determined under Subsection (3)(a) to the persons entitled to the compensation within 10 days after receiving notice from the commission of the amount of the award determined under Subsection (3)(a).
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 2 - Securing Workers' Compensation Benefits for Employees › Section 209 - Employer's penalty for violation -- Notice of noncompliance -- Proof required -- Admissible evidence -- Criminal prosecution.

Effective 5/8/2018
34A-2-209.
Employer's penalty for violation -- Notice of noncompliance -- Proof required -- Admissible evidence -- Criminal prosecution.
(1)
(a)
(i) An employer who fails to comply, and every officer of a corporation or association that fails to comply, with Section 34A-2-201 is guilty of a class B misdemeanor.
(ii) Each day's failure to comply with Subsection (1)(a)(i) is a separate offense.
(b) If the division sends written notice of noncompliance by certified mail or personal service to the last-known address of an employer, a corporation, or an officer of a corporation or association, and the employer, corporation, or officer does not within 10 days of the day on which the notice is delivered provide to the division proof of compliance, the notice and failure to provide proof constitutes prima facie evidence that the employer, corporation, or officer is in violation of this section.
(2)
(a) If the division has reason to believe that an employer is conducting business without securing the payment of compensation in a manner provided in Section 34A-2-201, the division may give notice of noncompliance by certified mail or personal service to the following at the last-known address of the following:
(i) the employer; or
(ii) if the employer is a corporation or association:
(A) the corporation or association; or
(B) the officers of the corporation or association.
(b) If an employer, corporation, or officer described in Subsection (2)(a) does not, within 10 days of the day on which the notice is delivered, provide to the division proof of compliance, the employer and every officer of an employer corporation or association is guilty of a class B misdemeanor.
(c) Each day's failure to comply with Subsection (2)(a) is a separate offense.
(3) A fine, penalty, or money collected or assessed under this section shall be:
(a) deposited in the Uninsured Employers' Fund created by Section 34A-2-704;
(b) used for the purposes of the Uninsured Employers' Fund specified in Section 34A-2-704; and
(c) collected by the Uninsured Employers' Fund administrator in accordance with Section 34A-2-704.
(4) A form or record kept by the division or its designee pursuant to Section 34A-2-205 is admissible as evidence to establish noncompliance under this section.
(5) The commission or division on behalf of the commission may prosecute or request the attorney general or district attorney to prosecute a criminal action in the name of the state to enforce this chapter or Chapter 3, Utah Occupational Disease Act.
Amended by Chapter 156, 2018 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 2 - Securing Workers' Compensation Benefits for Employees › Section 210 - Power to bring suit for noncompliance.

Effective 12/31/2017
34A-2-210.
Power to bring suit for noncompliance.
(1)
(a) The commission or the division on behalf of the commission may maintain a suit in any court of the state to enjoin any employer, within this chapter or Chapter 3, Utah Occupational Disease Act, from further operation of the employer's business, when the employer fails to provide for the payment of benefits in one of the ways provided in Section 34A-2-201.
(b) Upon a showing of failure to provide for the payment of benefits, the court shall enjoin the further operation of the employer's business until the payment of these benefits has been secured by the employer as required by Section 34A-2-201. The court may enjoin the employer without requiring bond from the commission or division.
(2) If the division has reason to believe that an employer is conducting a business without securing the payment of compensation in one of the ways provided in Section 34A-2-201, the division may give the employer five days written notice by registered mail of the noncompliance and if the employer within the five days written notice does not remedy the default:
(a) the commission or the division on behalf of the commission may file suit under Subsection (1); and
(b) the court may, ex parte, issue without bond a temporary injunction restraining the further operation of the employer's business.
Amended by Chapter 363, 2017 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 2 - Securing Workers' Compensation Benefits for Employees › Section 212 - Docketing awards in district court -- Enforcing judgment.

Effective 5/9/2017
34A-2-212.
Docketing awards in district court -- Enforcing judgment.
(1)
(a) Except as provided in Subsection (3), an abstract of a final order of the commission providing an award may be filed under this chapter or Chapter 3, Utah Occupational Disease Act, in the office of the clerk of the district court of any county in the state when all administrative and appellate remedies are exhausted.
(b) The abstract shall be docketed in the judgment docket of the district court where the abstract is filed. The time of the receipt of the abstract shall be noted on the abstract by the clerk of the district court and entered in the docket.
(c) When filed and docketed under Subsections (1)(a) and (b), the order shall constitute a lien from the time of the docketing upon the real property of the employer situated in the county, for a period of eight years from the date of the order unless the award provided in the final order is satisfied during the eight-year period.
(d) The district court may issue an execution or a renewal on the order within the same time and in the same manner and with the same effect as if the order were a judgment issued by the district court.
(2)
(a) If the employer was uninsured at the time of the injury, the county attorney for the county in which the applicant or the employer resides, depending on the district in which the final order is docketed, shall enforce the judgment when requested by the commission or division on behalf of the commission.
(b) In an action to enforce an order docketed under Subsection (1), reasonable attorney fees and court costs shall be allowed in addition to the award.
(3) Unless stayed pursuant to Section 63G-4-405, or set aside by the court of appeals, a preliminary or final decision of the commissioner or Appeals Board awarding permanent total disability compensation under Section 34A-2-413 is enforceable by abstract filed in the office of the clerk of the district court of any county in the state.
Amended by Chapter 461, 2017 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 3 - Protection of Life, Health, and Safety › Section 301 - Places of employment to be safe -- Willful neglect -- Penalty.

34A-2-301.
Places of employment to be safe -- Willful neglect -- Penalty.
(1) An employer may not:
(a) construct, occupy, or maintain any place of employment that is not safe;
(b) require or knowingly permit any employee to be in any employment or place of employment that is not safe;
(c) fail to provide and use safety devices and safeguards;
(d) remove, disable, or bypass safety devices and safeguards;
(e) fail to obey orders of the commission;
(f) fail to obey rules of the commission;
(g) fail to adopt and use methods and processes reasonably adequate to render the employment and place of employment safe; or
(h) fail or neglect to do every other thing reasonably necessary to protect the life, health, and safety of the employer's employees.
(2) Compensation as provided in this chapter shall be increased 15%, except in case of injury resulting in death, when injury is caused by the willful failure of an employer to comply with:
(a) the law;
(b) a rule of the commission;
(c) any lawful order of the commission; or
(d) the employer's own written workplace safety program.
Amended by Chapter 131, 2003 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 4 - Compensation and Benefits › Section 401 - Compensation for industrial accidents to be paid.

34A-2-401.
Compensation for industrial accidents to be paid.
(1) An employee described in Section 34A-2-104 who is injured and the dependents of each such employee who is killed, by accident arising out of and in the course of the employee's employment, wherever such injury occurred, if the accident was not purposely self-inflicted, shall be paid:
(a) compensation for loss sustained on account of the injury or death;
(b) the amount provided in this chapter for:
(i) medical, nurse, and hospital services;
(ii) medicines; and
(iii) in case of death, the amount of funeral expenses.
(2) The responsibility for compensation and payment of medical, nursing, and hospital services and medicines, and funeral expenses provided under this chapter shall be:
(a) on the employer and the employer's insurance carrier; and
(b) not on the employee.
(3) Payment of benefits provided by this chapter or Chapter 3, Utah Occupational Disease Act, shall commence within 30 calendar days after any final award by the commission.
Amended by Chapter 55, 1999 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 4 - Compensation and Benefits › Section 402 - Mental stress claims.

34A-2-402.
Mental stress claims.
(1) Physical, mental, or emotional injuries related to mental stress arising out of and in the course of employment shall be compensable under this chapter only when there is a sufficient legal and medical causal connection between the employee's injury and employment.
(2)
(a) Legal causation requires proof of extraordinary mental stress from a sudden stimulus arising predominantly and directly from employment.
(b) The extraordinary and sudden nature of the alleged mental stress is judged according to an objective standard in comparison with contemporary national employment and nonemployment life.
(3) Medical causation requires proof that the physical, mental, or emotional injury was medically caused by the mental stress that is the legal cause of the physical, mental, or emotional injury.
(4) Good faith employer personnel actions including disciplinary actions, work evaluations, job transfers, layoffs, demotions, promotions, terminations, or retirements, may not form the basis of compensable mental stress claims under this chapter.
(5) Alleged discrimination, harassment, or unfair labor practices otherwise actionable at law may not form the basis of compensable mental stress claims under this chapter.
(6) An employee who alleges a compensable industrial accident involving mental stress bears the burden of proof to establish legal and medical causation by a preponderance of the evidence.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 4 - Compensation and Benefits › Section 403 - Dependents -- Presumption.

34A-2-403.
Dependents -- Presumption.
(1)
(a) The following persons are presumed to be wholly dependent for support upon a deceased employee:
(i) a child under 18 years of age, subject to the conditions of Subsections (1)(b) and (2)(b);
(ii) a child who is 18 years of age or older:
(A) if the child is:
(I) physically or mentally incapacitated; and
(II) dependent upon the parent who is the deceased employee; and
(B) subject to the conditions of Subsections (1)(b) and (2)(b); and
(iii) for purposes of a payment to be made under Subsection 34A-2-702(5)(b)(i), a surviving spouse with whom the deceased employee lived at the time of the employee's death.
(b) Subsections (1)(a)(i) and (ii) require that:
(i) the deceased employee be the parent of the child; or
(ii)
(A) the deceased employee be legally bound to support the child; and
(B) the child be living with the deceased employee at the time of the death of the employee.
(2)
(a) In a case not provided for in Subsection (1), the question of dependency, in whole or in part, shall be determined in accordance with the facts in each particular case existing at the time of the injury or death of an employee:
(i) except for purposes of a dependency review under Subsection 34A-2-702(5)(b)(iv); and
(ii) subject to the other provisions of this section.
(b) A person may not be considered a dependent unless that person is:
(i) a member of the family of the deceased employee;
(ii) the spouse of the deceased employee;
(iii) a lineal descendant or ancestor of the deceased employee; or
(iv) a brother or sister of the deceased employee.
Amended by Chapter 27, 2008 General Session
Amended by Chapter 90, 2008 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 4 - Compensation and Benefits › Section 404 - Injuries to minors.

34A-2-404.
Injuries to minors.
(1) A minor is considered sui juris for the purposes of this chapter and Chapter 3, Utah Occupational Disease Act, and no other person shall have any cause of action or right to compensation for an injury to the minor employee.
(2) Notwithstanding Subsection (1), in the event of the award of a lump sum of compensation to a minor employee, the sum shall be paid only to the minor's legally appointed guardian.
Renumbered and Amended by Chapter 375, 1997 General Session