Assigned Risk: Operated by the Workers Compensation Fund of Utah. See above state fund for contact information.
Numerical Exceptions: None. All employers are required to carry workers' compensation insurance except for the following employer/employee work situations: some employers of agricultural laborers,
casual or domestic workers, real estate brokers, sole proprietors and partners. Directors or officers of a corporation are considered employees and must exclude themselves from coverage through an insurance company. If you have a question about insurance coverage please call the Labor Commission at 530-6800 or toll free (800) 530-5090 and ask for the Policy Section.
Individual Waivers Allowed: No
Small Deductible Program:
Allowed: Yes - However it is optional that insurance carriers make available
Sole Proprietor: Excluded from coverage/may elect to be included - Included sole proprietors workers compensation payroll for rating purposes is set at $38,800 as of 12-1-11, $39,600 as of 12-1-2012, $40,700 as of 12-1-2013. $41,100 as of 12-1-2014. $42,200 as of 12-1-2015. $42,500 as of 12-1-2016. A sole proprietorship or partnership, with no employees other than the sole proprietor or partners, is not required to purchase workers' compensation insurance However, if you are a sole proprietor or a partner and contracting for work through a general contractor, you or the general contractor will be required to provide a workers' compensation insurance policy.
Partners: Excluded from coverage/may elect to be included - Included partners workers compensation payroll for rating purposes is set at $38,800 as of 12-1-11, $39,600 as of 12-1-2012, $40,700 as of 12-1-2013. $41,100 as of 12-1-2014. $42,200 as of 12-1-2015. $42,500 as of 12-1-2016. See sole proprietor for special information concerning contractors.
Corporate Officers: Included in coverage/may elect to be exempt - When included corporate officer rating payroll is banded between a minimum of $39,000 and a maximum of $156,000 as of 12-1-11, $41,600 / $161,200 as of 12-1-2013. $41,600 / $166,400 as of 12-1-2014. $41,600 / $166,400 as of 12-1-2015. $800 min / $3,300 max per week as of 12-1-2016. Special Note: In 2013 the Utah legislature amended the workers compensation act to allow corporations with NO employees except directors and officers to file a coverage exclusion with the Labor Commission to exclude themselves from the act. No more than five directors and or officers may exclude. Construction contractors are not eligible for this exclusion but may apply for a workers compensation waiver.
Contact the Labor Commission of Utah for more information on coverage waivers and corporate exclusions or with any other questions you may have about exclusion and inclusion.
Note About Forms: Also be sure to contact your insurance company for information about additional forms they may use for exclusion or inclusion of coverage.
Contractors: A general contractor now has the responsibility of making sure that all his/her subcontractors, including sole proprietors, partners and corporate officers have workers' compensation coverage. If workers compensation is not provided by the subcontractor then the subcontractor becomes an employee of the general contractor for workers' compensation purposes only and coverage must be provided under the general's policy. The subcontractor, if a sole proprietor, partner or corporate officer, may also apply for an exemption through the Workers' Compensation Fund of Utah.
Special Notes: An employer can insure his/her workers in one of three ways:
By purchasing insurance from any private insurance carrier authorized by the Insurance Department to write workers' compensation insurance in Utah. An employer can contact their personal insurance agent who handles their auto, home or business liability insurance to see if they can write a workers' compensation policy for their company. Most insurance companies can write workers' compensation insurance in Utah.
By purchasing insurance through the Workers' Compensation Fund of Utah, a quasigovernmental entity, which is required by law to provide workers' compensation insurance to any employer in the state of Utah upon payment of the premium.
By being self-insured to pay workers' compensation directly to employees. Employers who wish to become self-insured must make application through the Labor Commission of Utah. Only very large employers usually meet the minimum requirement of $10 million net worth to qualify for self-insurance.
The state of Utah does not allow group insurance.
If you are not a Utah employer, you are required to contact the Labor Commission of Utah to determine the requirements for workers' compensation coverage and whether your state has a reciprocity agreement with Utah.
Experience Rating Eligibility: Employers in Utah will receive an experience modification rate or EMR when they meet one of these triggers:
$7,000 in policy premium is generated during the last year or last two years.
$3,500 is the average policy premium generated for more than two years.
Utah Workers Compensation Subrogation: The State of Utah provides information about workers compensation subrogation in it's state statute 34-A-2-106. It is found under the Utah Labor Code. This statute is known as; Injuries or death caused by wrongful acts of persons other than employer, officer, agent, or employee of employer -- Rights of employer or insurance carrier in cause of action -- Maintenance of action -- Notice of intention to proceed against third party -- Right to maintain action not involving employee-employer relationship -- Disbursement of proceeds of recovery -- Exclusive remedy. It's easy to view this code online, just use the link we've provided below and it will take you directly to this Utah statute.
Didn't find what you're looking for? Search here for more about Utah rules:
Information on this page is provided only as a reference. While we strive to mantain accurate information on this site please realize workers compensation laws are complicated and subject to change at any time. No warranty as to the accuracy or completeness of this information is provided or to be implied. You must verify this data before use with the individual governing authority for this state. If you need help with a workers compensation problem or have a specific situation or question please contact our office. Otherwise please consult your states governing authority or an attorney in your state of residency for assistance.