Who Is Covered?
In Utah, all employers, both public and private, must provide workers' compensation insurance for their employees. The term "employee" is broadly defined to include volunteers and government workers (UT Stat. Sec. 34A-2-103). The only statutory employee exceptions are:
• Casual employees working outside the usual course of the employer's business
• Domestic servants, provided they work no more than 40 hours per week altogether for a single employer
• Real estate and insurance sales agents and brokers who are independent contractors
• Agricultural workers who are members of a family on a family farm and agricultural workers who are employed seasonally on farms with five or fewer employees
• Employees covered by another state's workers' compensation statute
Under the workers' compensation law, leased employees are considered to be employees of the client organization rather than the leasing company (UT Stat. Sec. 34A-2-103). However, a leasing company may provide coverage with itself as the named insured and each client company as an additional insured. In the absence of valid certification that the subordinate contractor or subcontractor has workers' compensation coverage, the principal contractor is generally considered the employer of subcontractors and their employees. Partners and sole proprietors may elect to be covered (UT Stat. Sec. 34A-2-104). What Is Covered?
"No-fault" system. Workers' compensation is a "no-fault" system. Employees receive compensation without having to prove that the employer was at fault for the injury. They need only show that the injury arose "out of and in the course of employment." This no-fault aspect distinguishes workers' compensation from ordinary "tort" law, which provides for ...