Retaliation for Filing Workers' Comp in Utah
Whether an employer in Utah can fire or punish you for filing a workers' comp claim, and what you can do.
Short answer: An employer may not knowingly or intentionally impede an employee's efforts to claim or receive benefits, or intimidate, coerce or harass an employee to prevent a claim. Utah Code § 34A-2-114; Utah Labor Commission, Injured Workers
| Retaliation for filing | An employer may not knowingly or intentionally impede an employee's efforts to claim or receive benefits, or intimidate, coerce or harass an employee to prevent a claim. An employer also may not suspend, fire, discipline, threaten or otherwise retaliate against an employee solely because the employee claims or tries to claim benefits, reports the employer's noncompliance, or testifies or intends to testify in a workers' compensation proceeding. The Industrial Accidents Division may fine an employer up to $5,000 per violation. The section does not affect employees' or employers' rights under common law. |
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| Appealing a denial | An administrative law judge decides the Application for Hearing; the decision becomes final 30 days after it is issued unless a party files a motion for review with the Division of Adjudication within 30 days. The Labor Commissioner hears the review unless a party asks for the Appeals Board. Within 30 days after the Commissioner's or Appeals Board's decision, an aggrieved party may seek judicial review in the Utah Court of Appeals. Source: Utah Code § 34A-2-801 |
Where to get help in Utah
More Utah workers' compensation
- Filing a Workers' Comp Claim in Utah
- How Much Workers' Comp Pays in Utah
- Workers' Comp Settlements in Utah
- Suing Over a Work Injury in Utah
- Appealing a Denied Workers' Comp Claim in Utah
- All Utah workers' compensation rules
FAQ
Can you be fired for filing workers' comp in Utah?
An employer may not knowingly or intentionally impede an employee's efforts to claim or receive benefits, or intimidate, coerce or harass an employee to prevent a claim. An employer also may not suspend, fire, discipline, threaten or otherwise retaliate against an employee solely because the employee claims or tries to claim benefits, reports the employer's noncompliance, or testifies or intends to testify in a workers' compensation proceeding. The Industrial Accidents Division may fine an employer up to $5,000 per violation. The section does not affect employees' or employers' rights under common law.
How do you appeal a denied workers' comp claim in Utah?
An administrative law judge decides the Application for Hearing; the decision becomes final 30 days after it is issued unless a party files a motion for review with the Division of Adjudication within 30 days. The Labor Commissioner hears the review unless a party asks for the Appeals Board. Within 30 days after the Commissioner's or Appeals Board's decision, an aggrieved party may seek judicial review in the Utah Court of Appeals.
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.