Construction Site Injuries in Utah
Whether an injured construction worker in Utah can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: Utah's workers' compensation law makes workers' comp the exclusive remedy against the employer and its officers, agents and employees. Utah Code §§ 34A-2-105(1), 34A-2-106(1), (4)
| Construction site injuries | Utah's workers' compensation law makes workers' comp the exclusive remedy against the employer and its officers, agents and employees. The statute expressly lets an injured worker sue third parties who are not the worker's employer and not 'eligible employers' under the Act, naming a subcontractor, general contractor, independent contractor, property owner, or lessee of a property owner, while still claiming workers' comp. |
|---|---|
| Fault rule (comparative negligence) | Modified comparative fault (50% bar). An injured person can recover from defendants whose combined fault (together with immune persons and nonparties to whom fault is assigned) exceeds the injured person's own fault. If the injured person is 50% or more at fault, they recover nothing. Each defendant pays only its own share of fault. Source: Utah Code § 78B-5-818 |
| Deadline to sue for an injury | Utah's statutes do not list a specific deadline for ordinary negligence personal injury claims. They fall under the four-year limit for relief "not otherwise provided for by law." Claims against the state, a political subdivision, or their employees for injury to personal rights have a two-year limit. Applying the four-year catch-all to personal injury claims follows from the statute's text; |
More Utah personal injury & wrongful death
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FAQ
Can you sue for a construction accident in Utah?
Utah's workers' compensation law makes workers' comp the exclusive remedy against the employer and its officers, agents and employees. The statute expressly lets an injured worker sue third parties who are not the worker's employer and not 'eligible employers' under the Act, naming a subcontractor, general contractor, independent contractor, property owner, or lessee of a property owner, while still claiming workers' comp.
Can you recover damages if you were partly at fault in Utah?
Modified comparative fault (50% bar). An injured person can recover from defendants whose combined fault (together with immune persons and nonparties to whom fault is assigned) exceeds the injured person's own fault. If the injured person is 50% or more at fault, they recover nothing. Each defendant pays only its own share of fault.
What is the statute of limitations for personal injury in Utah?
Utah's statutes do not list a specific deadline for ordinary negligence personal injury claims. They fall under the four-year limit for relief "not otherwise provided for by law." Claims against the state, a political subdivision, or their employees for injury to personal rights have a two-year limit.
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.