Workers’ Comp
Is All We Do
Is All We Do
Reporting an Injury or Illness
It can be frustrating and painful. You are injured and want to get well. The process for successfully navigating your way through a workers’ comp claim can be difficult. If you have been denied treatment, had your wages stopped, or just have a question, we are here to help make sure you get taken care of properly by your adjuster. Give us a quick call (801-810-7673) or send an email (tim@workcomputah.com) with any questions and we can get you answers. If you need to take further action, we can set up a free consultation to see if an experienced attorney can help you.
Injuries requiring only first aid treatment, either on-site or at an employer-sponsored free clinic, do not have to be reported. For an explanation of what constitutes first aid treatment, refer to the Labor Commission’s Rule R612-100-2(J).
Once employers learn of a workplace injury or illness (by any means or from any source), they must report it within seven days to their workers’ compensation insurance carrier, or they may be subject to penalty. If one has failed to obtain workers’ compensation coverage, the uninsured employer should report the injury or illness directly to the Industrial Accidents Division. Employers may also be required to file a separate report of the occurrence to UOSH, if applicable.
Sometimes an employer may encourage you to not make a claim. This is illegal. Once you notify your employer that you have been injured at work, your employer must report the injury to their insurance carrier and the Utah Labor Commission. Your employer and your insurance carrier are required to give you a completed copy of this report along with a copy of Form 100 that explains your rights under the law. If your employer refuses to report the injury, you can report it directly to the Labor Commission or file an Application for Hearing. Your employer can be fined by the Commission for failure to report your injury.
No. Direct payment of benefits is specifically prohibited by Utah law. Once you notify your employer that you have been injured at work, your employer must report the injury to their insurance carrier and the Utah Labor Commission. Your employer and insurance carrier are required to give you a copy of this report along with a copy of Form 100 that explains your rights under the law. If your employer refuses to report the injury, you can report it directly to the Labor Commission or file an Application for Hearing. Your employer can be fined by the Commission for failure to report your injury.
Your employer is required by law to carry workers’ compensation insurance. You can verify if your employer has it online. If you are hurt at work and your employer has no workers' comp insurance, you can still file a claim. It is best to talk to an attorney to verify what your options are and what your best choice may be going forward.
Employers are required to post notice that they are in compliance with workers’ compensation laws. These notices are typically placed in conspicuous locations at the place of business, such as in the break room or some other similar area. Copies of the notices are available from the Utah Labor Commission and/or on the Labor Commission’s website: R612-100-2(J).
No, workers’ comp does not require a post-injury drug test, but your employer could require one after a work injury as a matter of policy. A positive result of intoxication may reduce your compensation by 15% or remove all compensation depending on the level of intoxication. However, your medical care will still be covered by workers’ comp even with a positive drug test, if you qualify in all other respects. It is best to consult with an attorney immediately if your claim has been denied following a drug test.
Client Reviews
My adjuster had denied my workers’ compensation claim for my on the job injury. I was not able to return to work and didn’t know where to turn. I was recommended to Tim Rose at Rose Legal and he took care of my...
I had talked with several other attorneys before I found Tim Rose. Tim was able to explain the law to me in a way that the other attorneys failed. I now understood what needed to be done to help move my claim...
We can't thank you enough for all you have done for us on our workers’ compensation claim. We'll never forget your kindness and dedication. It was such a positive experience for us. You were absolutely great!!!
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