Utah Workers Comp Claims Eligibility, Filing and Appeals

Be the first to review.

Found this useful?

TweetThis

Print

In the state of Utah employers have to post information about the Worker's Compensation program within their place of employment. This information outlines all the information that employees need to have to file a complaint to obtain monetary compensation for any type of injury or occupational disease that occurred while on the job.  Employers have their own insurance companies through the Workers Compensation Act that actually handle all claims and benefits. The Workers Compensation Fund is owned by policyholders and is considered a quasi-public corporation.

Covered Injuries and Disease

Any injury that occurs on the job, including diseases that are directly related to the job or to the work environment are eligible for compensation. Injuries can include both permanent and temporary injuries and even the cost of a rehabilitation program if the employee cannot return to work because of the injury.

How to File a Claim

It is important to first report any injury, even minor injuries, to the employer immediately. Obtain the employer's insurance carrier information and take this information, plus the form on the injury the employer provides to the designated doctor or a doctor of your choice if one is not provided. The doctor will then complete required accident and injury forms and submit them to the respective insurance company. The forms will then be sent within 7 days to the employer, Labor Commission and yourself as the employee. Contacting the insurance company to ensure they receive the forms and start the claims process is all that is typically required, although an additional claim form may also be needed for the process to begin. 

Workers Compensation Claim Denials

Claims can be denied for several reasons, typically because the injury was not reported to the employer within the specified timeframe or the employee did not see the designated medical professional or missed the time frame for reporting. In addition the employer may dispute a claim by providing additional information on the cause of the injury or the location or severity of the injury that was initially reported.

Appealing a Utah Workers Compensation Denial

Claims that are denied in Utah through the Workers Compensation Fund can be appealed through the Labor Commission. The case will be heard by an Administrative Law Judge who can also appoint a medical panel to review medical information. This decision can be further appealed to the Utah Court of Appeals and the Utah Supreme Court.

Workers Compensation Payments

Depending on the type of injury and the level of impairment that the injury may cause, payments through workers compensation can be made as a lump sum payment or as a reoccurring monthly payment. The percentage of an employee's income to be paid for temporary or permanent total disability is 66 and 2/3 for a total length of time not to exceed 312 weeks.

Although workers in Utah cannot directly sue their employer, they may be eligible to sue other negligent parties that contributed to the injury or damage. Consulting with an attorney as soon as possible after the injury is highly recommended to avoid missing critical statutes of limitations that are in place for filing these types of claims.

Utah Workers Compensation Office Locations

Salt Lake City, Utah
392 East 6400 South
Murray, Utah 84107

Ogden, Utah
1186 East 4600 South #400
Ogden, Utah 84403

St. George, Utah
1453 South Dixie Drive
Suite 100
St. George, Utah 84770

Be the first to review.
Found this useful?

Print

TweetThis

Contact A Lawyer
SF4:0.7.5.100318.8582-