Workers' comp deadlines in Utah: tell your employer and file

Tell your employer in Utah

Time limit

180 days

Counted from

The day the injury occurs (for an occupational disease, the day you first suffer disability from it and know, or should know, it is caused by your work)

In writing?

The law does not require writing

If you are late

If you do not notify your employer or the Industrial Accidents Division within 180 days after the injury, any claim for benefits from the injury is barred.

Illness that develops over time

For an occupational disease, you must notify your employer or the Division within 180 days after the cause of action arises: the date you first suffer disability from the disease and know, or reasonably should know, that it is caused by your employment. Occupational hearing loss has its own time period.

Report the injury or illness to your employer right away. You can report it to a physician, supervisor, manager, human resources, or any person or department that should receive the report. If you cannot report it yourself, your next of kin or attorney can. An employer's report filed with the Division or its insurer, a doctor's injury report, or payment of any medical or disability benefit also counts as notice.

Law: Utah Code §§ 34A-2-407(2)-(4), 34A-3-108(1)-(3)

Source: laborcommission.utah.gov

File your claim in Utah

Time limit

6 years

Counted from

The date of the accident

What to file

Application for Hearing, filed with the Labor Commission's Adjudication Division

Source: Form 001, Industrial Accident Claim; Form 026 for an occupational disease

Who files it

You report the injury to your employer. Your employer reports it to its insurance carrier, and the carrier files the First Report of Injury with the Division. Your doctor files a Physician's Initial Report. You file an Application for Hearing only if the claim is denied and you want a judge to decide it.

What your employer must do

Once you report the injury, your 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 with the Industrial Accidents Division. The employer and carrier must give you a copy of the report. Your treating doctor must file a Physician's Initial Report within 7 days of your first visit.

Source: Form 122; Form 123

When the insurer decides

The insurance carrier must decide whether the claim is covered within 21 days of receiving the claim. If more investigation is needed, it has an additional 24 days to accept or deny the claim.

Illness that develops over time

Occupational disease claims use their own Application for Hearing; the 180-day notice rule runs from the date you first suffer disability and know it is work-related.

Source: Form 026

Your employer and its insurance carrier open the claim when they get the employer's or doctor's report; you do not file a claim with the state just to get benefits. If the claim is denied and you want a judge to decide it, a claim for disability compensation is barred unless you file an Application for Hearing with the Adjudication Division no later than 6 years from the date of the accident, and you must be able to prove you are due the compensation within 12 years from the accident. A claim for death benefits must be filed within 1 year of the death.

Law: Utah Code § 34A-2-417(2)-(3)

Source: laborcommission.utah.gov

Law: Utah Code § 34A-2-407

Source: laborcommission.utah.gov

Waiting period and first payment in Utah

Waiting period

No compensation is paid for the first 3 calendar days after the day of the injury. The 3-day waiting period applies only once, and the days do not need to be consecutive. It does not apply to temporary partial disability (for example, light duty at lower pay).

Paid back for the waiting days

If your temporary total disability lasts more than 14 calendar days, you are also paid for the first 3 days.

First payment

If the claim is accepted, disability checks are usually issued every two weeks. The carrier should send you the Initial Statement with the first indemnity payment.

Source: Form 141

How often you are paid

Every two weeks

Law: Utah Code § 34A-2-408

Source: laborcommission.utah.gov

Deadline helper

Count your dates with the deadline helper · Write the notice to your employer