Hurt at Work Without Papers: Workers' Compensation Rights in Utah

Short answer: Yes. Utah's Workers' Compensation Act expressly includes in its definition of employee "aliens and minors, whether legally or illegally working for hire." If you were hurt working for an employer covered by the Act, you have the same basic rights as any other worker: to report the injury, get medical care, and claim benefits. Your employer cannot punish you for claiming. And if someone other than your employer caused the injury, there may also be an injury claim against that person. Our firm handles injury claims, not immigration matters; for immigration questions, talk to an immigration attorney.

What the law says

Utah Code § 34A-2-104(1)(b) defines an employee as a person in the service of an employer who regularly employs one or more workers, under any contract of hire, express or implied, oral or written, "including aliens and minors, whether legally or illegally working for hire." The statute does not leave anyone out because of their papers.

The same section does exclude employment that is both casual and outside the usual course of the employer's business, and it has special rules for certain partners, owners, and occupations. If you are told you are an "independent contractor," that label has its own rules under the Act and is worth checking before you give up.

What benefits exist

According to the Utah Labor Commission, workers' compensation is a no-fault system: you do not have to prove your employer did anything wrong. Depending on the case, it can pay:

Medical care that is reasonable and necessary for the injury, including doctor visits, hospital bills, medicine, and mileage to get to treatment.
Temporary total disability when you cannot work. The first 3 days are not paid unless the disability lasts more than a total of 14 days.
Temporary partial disability if you return to light-duty work that pays less.
Permanent partial or permanent total disability, depending on the medical rating.
Dependent and funeral benefits if the worker dies.

The Labor Commission also explains that the employer or its insurer can require the first visit to be with a preferred provider, and that afterward you can make a one-time change of doctor, telling the insurer right away. The commission publishes an employee guide in Spanish.

How to report the injury, and the deadlines

Tell your employer right away. The statute requires prompt notice and bars benefits for a worker who does not notify the employer or the division within 180 days after the injury (§ 34A-2-407). If you cannot give notice yourself, your next of kin or your attorney can.

The Labor Commission says that once the injury is reported, the employer has 7 days to notify its insurer, the insurer has 14 days to file its report with the commission, and the insurer must decide whether to accept the claim within 21 days, with 24 more days if it needs to investigate. Tell the doctor how, when, and where you were hurt.

Other deadlines in the statute (§ 34A-2-417):

Each medical expense has to be submitted to the employer or insurer within one year.
A claim for disability benefits is barred unless an Application for Hearing is filed with the Adjudication Division no later than six years after the accident, and the worker must be able to prove entitlement no later than 12 years after the accident, with limited exceptions.
A claim for death benefits requires an Application for Hearing within one year of the death.

If your employer has no insurance

Every covered employer must secure payment of compensation, either through an insurer or with approval to self-insure (§ 34A-2-201). The Labor Commission offers coverage verification on its website.

An employer that fails to comply loses the Act's protection for that period and can be sued directly by the injured worker. In that lawsuit the employer cannot defend by blaming the worker, by claiming assumption of risk, or by blaming a coworker; the injury is prima facie evidence of the employer's negligence, and the worker can recover costs and a reasonable attorney fee (§ 34A-2-207). There is also the Uninsured Employers' Fund, which helps pay benefits when the responsible employer is insolvent or lacks sufficient funds, insurance, or other security (§ 34A-2-704).

Your employer cannot punish you for claiming

Section 34A-2-114 prohibits an employer from knowingly or intentionally impeding your claim, or intimidating, coercing, or harassing you to keep you from claiming. It also prohibits suspending, firing, disciplining, threatening, or otherwise retaliating against you solely because you claimed or tried to claim benefits, reported the employer's noncompliance with the Act, or are going to testify in a workers' compensation proceeding. The division can fine the employer up to $5,000 for each violation.

When someone else caused the injury

Against your own employer, workers' compensation is generally the exclusive remedy (§ 34A-2-105). But if the injury was caused by someone who is not your employer or a coworker, you can collect compensation and also sue that third party (§ 34A-2-106). Examples:

A crash while driving for work, caused by another driver. See hurt in a car crash while working and hurt as a passenger in a work van or a coworker's car.
A defective machine, tool, or piece of equipment. A product-liability claim must be brought within two years of when you discovered, or should have discovered, both the harm and its cause (§ 78B-6-706).
On a job site, a subcontractor, general contractor, independent contractor, or property owner that was not your employer, subject to the Act's rules (§ 34A-2-106(4)).

Before suing the third party you must give written notice to the workers' compensation insurer, and the insurer is reimbursed from the recovery for what it paid, less its proportionate share of the fees and costs (§ 34A-2-106(3) and (5)). See who pays the fees when an injured worker sues a third party.

Common questions

Do I have to tell my employer I was hurt even if I'm afraid?

Yes. Without notice within 180 days, benefits are lost, and the law prohibits retaliation for claiming.

What if I was paid in cash?

The definition of employee covers oral and implied contracts of hire. Keep any proof that you worked there: messages, photos, schedules, deposits, or the names of coworkers.

Can an injury lawyer advise me about immigration?

No. If you are worried about how a claim could affect your immigration situation, consult an immigration attorney. Our firm handles injury claims.

What does a third-party claim cost?

Our fee is one-third of the recovery, and the firm advances the case costs, which are repaid from the recovery. You pay nothing up front, and no attorney fees unless we win.

Talk with us

West Injury Law does not handle workers' compensation claims. The Utah Labor Commission explains the workers' compensation process for injured workers. We do handle third-party injury claims, such as a claim against another driver, the maker of defective equipment, or a property owner that was not your employer, and we review those for free. Call (801) 921-5134 or send us a message. See also injury claims and immigration status.

Free consultation. No attorney fees unless we win. Hablamos Español.