Utah workers compensation laws require injured employees to start the compensation claim process within 180 days from the date of the accident. To start the process, they must report the accident within this 180-day time period. If they fail to do so, they will lose the right to claim for compensation benefits under the occupational injuries insurance program.
Insurance Requirements For Employers
All employers are legally required to carry appropriate workers compensation insurance coverage. However, the organizations with agricultural workers that have a payroll of up to $50000 are exempted from this legal requirement.
Waiting Period Before An Injured Worker Becomes Eligible For Compensation Benefits
In case of temporary total disability, there is an initial waiting period of seven days after which an injured employee qualifies for monetary benefits under the insurance program for occupational injuries. It is very important for you to keep in mind that the provision for this waiting period as per Utah workers compensation laws does not apply to cases of work-related injuries or illnesses where the victim suffers from permanent disability and in critical condition. Besides that, in any case, if the disability (even if it is a temporary one) continues for more than two weeks and the injured employee is unable to return to work, he or she has the right to be compensated not just for the medical expenses but also for the resulting wage loss due to his or her absence from work. The compensation becomes retroactive after more than fourteen days of disability.
Maximum Limit On Lawyer’s Fee
In most cases, injured employees have to file compensation claim and go through certain legal proceedings to obtain the monetary benefits, especially in cases where employers refuse to accept their negligence or liability for the occupational injuries. Handling these legal proceedings is a complex task and one always need assistance and representation from an experienced lawyer. It is important to note that Utah workers compensation laws have also imposed certain restrictions on the amount of fee lawyers can charge for handling these types of cases in this state. As per the laws, Utah occupational injury compensation attorneys must not charge more than $10,850 in any case regardless of the actual amount of compensation. The laws further specify that attorneys can charge up to 20% as their commission for the first $15000 of compensation rewarded to the injured worker; 15% for the next $1500; and 10% on the remaining amount of compensation (if any). But again, the overall fee must not exceed $10,850.
Death Benefits
Under the Utah workers compensation laws, there are provisions for monetary benefits not just in cases of permanent and temporary disability caused by work-related injuries or illnesses but also in cases where an employee die in a work-related accident. These benefits are paid to the surviving dependent family members of the deceased. They continue to receive these survivor’s benefits for a period of up to 312 weeks at a weekly rate of 66 2/3 percent of the average weekly wage that the employee was earning before the date of the accident. After 312 weeks, the amount of the compensation is reduced to 50% of the Social Security survivor benefit that the deceased employee was eligible for. However, if the spouse remarries after this 312-week period, no more death benefits will be paid to him or her.
Choice Of Physician
As per Utah workers compensation laws, it is up to the employer to choose a doctor for the treatment of the injuries sustained by a worker. However, it is also important to note that if the injured worker is not satisfied with the treatment or services offered by the physician chosen by the employer, he or she can file a request to change the physician.