Worker’s Compensation in Utah
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With information provided by worker’s comp lawyer Hal Davis, this article was written by Rex Bush, webmaster of this blog’s affiliated website: Utah-Personal-Injury-Attorney.com. Click here Utah Injury Attorney to visit our home page and access other relevant articles on Utah injury law.
You were injured on the job by the fault of a “third-party” i.e. the person who caused your injury was not your employer or a fellow employee we can still help you. Or, if your employer or a fellow employee was at fault but your employer did not have worker’s compensation coverage then we may be able to help you.
But, if the injury was caused by the negligence of your employer or a fellow employee and your employer was insured, then we will refer you to a lawyer who specializes in the area of worker’s comp.
This law is known as the “Exclusive Remedy Doctrine”. Just to make sure it is clear, here is another summary of it: If an employee is injured at work, and his employer or a fellow employee is at fault and his employer has workers’ compensation insurance, the employee is only entitled to workers’ compensation benefits from the insurance company. He may not sue his employer or a fellow employee for negligence under tort law. Tort law is the branch of civil law (i.e. non-criminal) that tells us what our rights are if someone carelessly or intentionally injures us.
Causation – The injured employee must prove (a) that his injury occurred in the course and scope of his employment (legal causation), and (b) that the medical treatment he is receiving is related to that industrial injury (medical causation).
Benefits – Most injured employees are astonished to learn that there is no compensation under workers’ compensation insurance for negligence of the employer, for loss of future earning capacity, for pain and suffering, or for insurance bad faith. With rare exception, an injured employee is entitled only to the following five benefits. Even these benefits are awarded begrudgingly by the insurance company only after a bought-and-paid-for insurance medical exam.
* Death benefits (to the family, if killed)
* Medical expenses for life (if “reasonable and necessary” to treat the injury)
* 67% of wages (tax free), while unable to work (cap is $631 per week this year)
* Disability payment (based upon a whole-person impairment rating given by a doctor)
* Lifetime disability payment (if unable to work ever again, for any employer)
Attorney’s Fees – By administrative rule, attorneys may charge clients 20% of any disability benefits recovered (excluding medical expenses) up to $24,275, 15% of any disability benefits recovered between $24,275 and $48,550, and 10% of any disability benefits recovered above $48,550, but in no case more than $12,250. Fee percentages and the cap increase slightly if an appeal is made to the Court of Appeals. Many attorneys do not find this work profitable, which suits insurance carriers just fine, because injured workers have a hard time getting (or cannot get) legal help.
Time – The biggest enemy of an injured worker is time. It takes between five and six months after filing a request to get a hearing date. It takes three months to get an interim ruling from the judge, another five to nine months to get an opinion from a medical panel, or “jury” (if there is a medical issue—rather than a legal or factual issue–in dispute), another three months to get a final ruling from the judge, another 18 months if either side makes a motion for review (appeal) to the Labor Commission, and several years more if the case is appealed to the Utah Court of Appeals.
The Utah law firm of Davis, Halston & Benjamin consists of an excellent team of worker’s compensation attorneys . Our lawyers understand the complex legal issues involved in workman’s comp claims and offer sound legal counsel on important matters such as death benefits, medical expenses & lifetime disability payments. Contact our Salt Lake City worker’s compensation lawyers today for counsel on your employment law case.
FAQ:
Q. When can an injured worker make a claim against his employer or a fellow worker?
A. 1) only when the employer is uninsured, and probably never against a co-worker, unless it is a criminal act. (If employer is uninsured, you can sue the employer under regular tort law.)
Q. Would an OSHA violation by the employer be a criminal act that would allow the employee to sue the employer?
No. Workers’ Comp law provides that there can be a 15% penalty on the workers’ compensation award if the company violates safety standards. The whole reason workers’ compensation exists is to immunize employers from lawsuits in tort law.
Q. A friend had an impairment rating after his first shoulder surgery. Now, more than three years after the first surgery, he needs a second surgery. Can his impairment rating now be updated?
A. Yes, it happens all the time. he just needs to get a doctor to update his impairment rating. the amount he receives will be reduced by the amount he received for his previous impairment rating.
Q. Is injured worker covered by comp even though injured during 24 hour layover?
Injured worker was training to drive truck for CR England. While in Florida on 24 hour layover after dropping off load he was assaulted by his trainer who was arrested by police and fired by England
A. Probably. I suspect he’s covered by the “continuous coverage” or “traveling employee” rule. See Buczynski v. Industrial Commission of Utah, Court of Appeals of Utah, 934 P. 2d 1169 (1997).
This information provided courtesy of:
Halston T. Davis
DAVIS, HALSTON & BENJAMIN, PLLC
4543 South 700 East, Suite 100
Salt Lake City, UT 84107
(801) 746.0290
(801) 303.7330
hal@dhbattys.com
Visit their website at www.dhbattys.com
Be sure to tell them you got our name from Rex Bush, Bush Law Firm. (He sends me a Cafe Rio gift card every time I send him a referral and I like to share them with people who refer to me.)
