Hiring a Workers' Compensation Lawyer in Utah
The limits on workers' comp lawyer fees in Utah, filing deadlines, how to check a lawyer's license, and free state help for injured workers. We do not recommend or rank lawyers.
What a lawyer costs in Utah: fee rules
| Rules on contingency fees | Under Utah Rule of Professional Conduct 1.5(c) (Supreme Court Rules of Professional Practice, Rule 3-1.5), a contingent fee agreement must be in a writing signed by the client stating how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated. It must clearly notify the client of expenses owed whether or not the client prevails, and at the end the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of alimony, support or property settlement, and contingent fees for defending a criminal case. |
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| If you disagree with a lawyer's bill | The Utah State Bar's Fee Dispute Resolution Program handles fee disputes between clients and attorneys practicing in Utah, by mediation or binding arbitration. Participation is voluntary; the bar cannot force either side into binding arbitration, and both attorney and client must sign the petition. Binding arbitration has a $10.00 filing fee, and the decision is final except on narrow grounds. Disputes under $10,000 are heard by one lawyer, though for amounts between $7,500 and $10,000 the petitioner may choose a three-member panel. Mail the notarized Fee Dispute Petition Form and Agreement Form, marked "personal and confidential," to Utah State Bar Fee Dispute, 645 South 200 East, Salt Lake City, Utah 84111; questions: feearbitration@utahbar.org. |
| If a lawyer takes your money | The Utah State Bar's Lawyers' Fund for Client Protection reimburses losses caused by the dishonest conduct of lawyers and licensed paralegal practitioners licensed in Utah, arising from a lawyer-client, LPP-client or fiduciary relationship. Assigned claims, third-party claims and certain Ponzi or pyramid-scheme investment losses are excluded. File within one year after the date of the final order of discipline, the lawyer's death, or the order of disability; procedures and the claim form are in Rule 4-911. |
Utah rules to know first
| Lawyer fee limits | Industrial Accidents Division staff can explain an injured worker's rights under the Utah Workers' Compensation Act at no charge, but cannot give legal advice or represent you. Utah law also lets the Labor Commission award an "add-on" attorney fee, paid by the insurance carrier on top of the benefits and any agreed attorney fee, when a represented worker wins a medical claim the carrier unconditionally denied and any indemnity award is under $5,000; at the commission level it is the lesser of 25% of the medical expenses awarded or $25,000. Injured Workers page: https://laborcommission.utah.gov/divisions/industrial-accidents/injured-workers/ |
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| Deadline to file a claim | If benefits are disputed, a claim for disability compensation is barred unless the employee files an Application for Hearing with the Labor Commission's Division of Adjudication within six years of the accident and proves entitlement within 12 years of the accident (with limited exceptions). A claim for death benefits must be filed within one year of the death. Medical bills must be submitted to the employer or insurer within one year of the later of when they were incurred or when the worker knew they were related to the work injury. Source: Utah Code § 34A-2-417 |
| Deadline to challenge a denial | To contest a denial by the employer or its insurer, the worker files an Application for Hearing with the Labor Commission's Division of Adjudication; disability claims are barred unless filed within six years of the accident (and proven within 12 years), and death claims within one year of the death. An administrative law judge's decision becomes final 30 days after it is issued unless a party files a motion for review with the Division within 30 days; the Labor Commissioner hears it unless a party asks for the Appeals Board. The Commissioner's or Appeals Board's decision is final unless further appeal is started within 30 days. |
| Can you sue your employer? | Generally no. The right to workers' compensation is the exclusive remedy against the employer and against its officers, agents and employees, in place of any other civil liability, and no lawsuit may be maintained against them for a work injury or death. The exclusive remedy also covers both the client and a professional employer organization, and a client company using workers from a temporary staffing company that carries coverage. An employer that fails to secure coverage loses this protection (see uninsured_employer). The statute read states no intentional-injury exception; none is described here. |
| Suing someone other than your employer | Yes. When a work injury is caused by someone other than the employer or its officers, agents or employees, the worker may claim workers' comp and also sue that third party. Before suing, the worker must give written notice of the intent to sue to the insurance carrier and anyone else paying compensation, and must notify them of any attempt to blame the employer. Once obligated to pay, the employer or carrier becomes trustee of the claim and may sue itself. From any recovery, costs and attorney fees are shared proportionately, the payer of compensation is reimbursed (reduced by the employer's share of fault if immune parties are 40% or more at fault), and the balance goes to the worker and is credited against future compensation. Source: Utah Code § 34A-2-106 |
| Filing a claim online | Report your injury or illness to your employer immediately (failing to report within 180 days may disqualify you). The employer has 7 days to report the claim to its insurance carrier, and the carrier has 14 days to file the First Report of Injury (Form 122) with the Labor Commission's Industrial Accidents Division; you should get a copy along with Form 100, Injured Workers' Rights and Responsibilities. The carrier must decide compensability within 21 days (plus 24 more days if it needs to investigate). For claim questions, contact your claims adjuster or the Industrial Accidents Division at (801) 530-6800. If a denial isn't resolved, contact the Division's Intake Claims Department, then file an Application for Hearing with the Adjudication Division. |
Find and check a lawyer
| Lawyer referral service | The Utah State Bar's Get Legal Help page points the public to LicensedLawyer, to learn about licensed Utah lawyers in good standing, and to the Utah State Bar's Modest Means Lawyer Referral Program for reduced-rate help (income qualification required). Source: Utah State Bar, Get Legal Help |
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| Check that the lawyer is licensed | Utah's Office of Professional Conduct points the public to the Utah State Bar's Licensed Lawyer website (licensedlawyer.org) to look up Utah lawyers; its online complaint form also includes a Search Attorney Database tool. |
| Check discipline history or file a complaint | The Utah Office of Professional Conduct (OPC), charged by the Utah Supreme Court with investigating possible grounds for discipline of lawyers and licensed paralegal practitioners, is no longer part of the Utah State Bar. File a complaint with the OPC's online form, or print the fillable form and mail it. An OPC attorney reviews it and investigates if it suggests rule violations; typical timelines for cases not dismissed are about 150 days for initial investigation, 120 days for follow-up, and 90 days for the screening panel. The information you provide is shared with the lawyer; anonymous complaints and complaints against a whole firm are not accepted, and a filed complaint cannot be withdrawn. The process does not provide reimbursement. Public discipline can be searched in the OPC's Attorney Public Discipline list. Public discipline: https://www.opcutah.org/lawyer-public-discipline/ |
Free legal help
| Free legal aid | The Utah State Courts' Self-Help Center provides free legal help to people without a lawyer: staff attorneys answer questions about the law, court process and options, help with court forms, and give information about legal aid, pro bono and low-cost services and lawyer referral (they cannot give legal advice or represent you). Contact it by email at selfhelp@utcourts.gov or the toll-free help line 888-683-0009 (Monday-Friday, 11:00 am-5:00 pm). Utah Legal Services provides civil legal aid without cost to people who cannot afford a lawyer (apply online), and LSC lists it as its Utah grantee. Utah Legal Services: https://www.utahlegalservices.org/; LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Utah · Background guide
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.