Have you been injured in a work-related accident? Was your workers comp claim denied? Do you have lost wages you need to recover due to a debilitating injury? Don’t worry! The Advocates are here to help. Our attorneys know just how to help you reclaim wages you are owed according to the law.
Utah’s no-fault workers’ compensations insurance system was first implemented by the Utah Legislature back in 1917. The law was put into place to protect injured workers so their medical expenses could be paid by replacing wages lost due to illness or injury-related absences. At first, the workers compensation laws were fairly straightforward and easy to understand. But over the last few decades, the compensation rules and benefit schedules have only grown more and more complex with each passing year. One slip up or innocent mistake and a worker could find his benefits cut off or denied outright entirely. The best thing an injured employee can do to ensure they receive maximum compensation after their injury is to hire a skilled workers compensation attorney.
Most Common Workers Compensation Questions
Workers’ compensation laws are so arcane and complex that most people whose claims have been denied have plenty of unanswered questions about the compensation process and especially about what to expect next. Below are the most frequently asked questions about workers’ compensation process and the benefits available in Utah.
Do all employees in Utah have workers’ compensation coverage?
Virtually every employer in Utah is required by law to provide workers’ compensation for injured or ill employees. Only a select few seasonal, sales, and farming industries are exempt.
When does my compensation coverage begin?
Workers’ compensation coverage begins as soon as you start your job. Even if you are injured on your first day, you have access to compensation benefits.
What type of benefits does workers’ compensation provide in Utah?
Workers’ compensation coverage in Utah offers a host of benefits such as medical care and disability compensation. Disability compensation ranges from temporary to permanent and from partial to total. Visit the Utah Labor Commission website for more information.
How and when should I report my injury or illness?
You should report your injury or illness immediately. The sooner you report it the better off you will be in the long run. In Utah, you have 180 days to report an incident under penalty of being disqualified from obtaining workers’ compensation benefits. You should report your injury or illness to the person who is supervising or managing you and your team. They should then contact the proper authorities about the matter and start the process of workers’ compensation. Be sure your injury claim is actually documented by requesting a copy for your own personal use.
Why was my workers’ compensation claim denied?
Since workers’ compensation is a no-fault system the only real way you can be denied compensation benefits is if it is discovered you intentionally injured yourself or were intoxicated at the time of the injury. A 15% reduction can, also, be added if it is reported that you did not use the required safety devices provided to you or that you did not follow the safety rules.
If your workers’ compensation claim is denied, you can always file an Application for Hearing. Included with the Application for Hearing, you should also provide the following:
- Authorization to Disclose, Release, and Use Protected Health Information
- Medical Treatment Provider List
- Summary of Medical Records form, or copies of your relevant medical records
I’ve reported my injury or illness. What happens next?
After you initially report your injury to your employer, they have 7 days to report the injury claim to their insurance provider. Then the insurance provider has 14 days to file a report with the Industrial Accident Division. By law, your employer and their insurance provider are required to provide you with a copy of the reports they file. You should begin to receive benefits shortly thereafter.
Does my doctor have to report my illness or injury?
Yes. Your doctor is required to report your injury by submitting what’s called a Physician’s Initial Report of Injury of Illness, otherwise known as Form 123. Your doctor must submit this form within a week of your initial visit to the Industrial Accidents Division. You can also demand a copy of this report, as well.
What if I’m unable to do the same job after my doctor releases me to work?If you are so severely injured that you are unable to perform the same duties required of you before your injury, then you are eligible for permanent partial or permanent total disability compensation. Oftentimes, your employer can find another position for you to switch to, but you will likely have to take whatever pay rate comes with that position. You may be able to apply for an award of temporary partial disability compensation to ease any precipitous drop in income you may experience.
If your employer is unable to accommodate you with a new position, then you should be eligible to apply for rehabilitation services through the Utah Office of Rehabilitation. You may contact them at this phone number: 1-800-473-7530.
Contact the Advocates Today About Your Injury Claim
If you have been injured on the job through no fault of your own, you will need an experienced lawyer on your side to help you obtain just workers’ compensation for your injuries and losses. The Advocates offer free consultations so that you can know best the ramifications of your Labor & Industries case. Our firm works on a contingency basis, so we don’t get paid unless you do. If we fail to settle your claim to your liking then you won’t owe us a dime in attorney fees. Don’t wait to get back on the road to recovery by claiming what is lawfully yours. Contact our office today by either calling 801-326-0809 or chat online right now with a live attorney from our homepage. You deserve an Advocate!