Suing Over a Work Injury in Utah

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).

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.

An employer that fails to carry required coverage loses the Act's protections and can be sued for damages; it may not use the fellow-servant, assumption-of-risk or contributory-negligence defenses, proof of the injury is prima facie evidence of the employer's negligence, and the worker gets costs and a reasonable attorney fee. Instead of suing, the worker may file an application for compensation with the Labor Commission's Division of Adjudication, and the employer must pay the award within 10 days of notice. Utah's Uninsured Employers' Fund helps pay benefits when a liable employer is insolvent, in receivership, or otherwise lacks sufficient funds or insurance.