Can You Sue Your Employer in Utah After a Work Injury? The Exclusive Remedy Rule and Its Limits
General information, not legal advice. Read the full disclaimer.
Short answer: Under Utah Code § 34A-2-105, the right to recover workers' compensation for a work injury is the exclusive remedy against the employer and against any officer, agent, or employee of the employer, and the statute says an action at law may not be maintained against them based on the employee's accident, injury, or death. But § 34A-2-106 preserves a separate action for damages against a third party whose wrongful act or neglect caused the injury, and (subject to Utah Code § 34A-2-103) against a subcontractor, general contractor, independent contractor, property owner, or lessee or assignee of a property owner who isn't the worker's employer and isn't an eligible employer under that section. An agreement by an employee to waive compensation rights is not valid (§ 34A-2-108), with a limited exception in § 34A-2-420.
Who this guide is for
Utah workers hurt on the job — and their families — who want to know whether they can sue anyone besides collecting workers' compensation benefits.
The exclusive remedy rule
The trade-off built into workers' compensation is that benefits are paid without proving employer fault, and in exchange the employer's liability under the Act is "in place of any and all other civil liability whatsoever, at common law or otherwise" to the employee and the employee's family. The statute extends to:
- co-workers and supervisors (officers, agents, and employees of the employer);
- both the client and the professional employer organization in a co-employment arrangement; and
- temporary staffing arrangements: if the temporary staffing company secures workers' compensation for its temporary employees, the exclusive remedy provisions apply to both the staffing company and the client company and its employees.
Occupational disease claims are handled under the Utah Occupational Disease Act.
The text we reviewed contains no exception for employer negligence. Whether Utah courts recognize narrow exceptions (for example, for certain intentional misconduct) is a question for an attorney; don't assume either way.
Who you can sue
Section 34A-2-106 provides that when an injury is caused by the wrongful act or neglect of someone other than the employer or its officers, agents, or employees:
- the worker may claim compensation, and
- the worker (or the family) may have an action for damages against the third person.
Examples include a negligent driver who hit a delivery worker, a manufacturer of a defective machine, and — under § 34A-2-106(4) and subject to § 34A-2-103 — a subcontractor, general contractor, independent contractor, property owner, or lessee/assignee of a property owner with no employer-employee relationship with the worker and not an eligible employer under that section. Construction sites often involve several of these parties. See Utah Construction Site Injury Claims and Utah Workers' Compensation: Third-Party Claims.
What happens to the workers' comp insurer's payments
When a third-party claim is pursued, the statute sets rules for notice and reimbursement:
- If compensation is claimed and the employer or insurer becomes obligated to pay, it becomes trustee of the cause of action against the third party and may bring the action in its own name or the employee's — but it can't settle and release the cause of action without the commission's consent.
- Before proceeding against a third party, the employee must give written notice of intent to the carrier and anyone else obligated for compensation, and notice of any known attempt to attribute fault to the employer or its employees, by settlement or in a proceeding.
- Any recovery is disbursed under § 34A-2-106(5): the expenses of the action, including attorney fees, are shared proportionately, and the person liable for compensation is reimbursed for payments made, less a proportionate share of costs and fees. The detailed reimbursement formula is in the statute; ask your attorney how it applies to your case.
Waivers don't work
An employee's agreement to waive workers' compensation rights isn't valid (§ 34A-2-108(1)), and an employer who deducts any portion of the premium from wages commits a class B misdemeanor with a fine of up to $100 per offense. If your employer asked you to sign something waiving your right to benefits, it doesn't automatically bind you.
If your employer has no coverage
Uninsured employers have separate consequences; see Utah Workers' Compensation Basics and Utah Workers' Compensation Denied Claim Appeal for what to do if a claim is denied.
Retaliation is a separate issue
Firing or punishing a worker for filing a claim raises different legal questions. See Utah Workers' Comp Retaliation and Interference.
Frequently asked questions
Can I sue my employer for negligence after a Utah workplace injury?
Generally not; workers' compensation is the exclusive remedy against the employer and its officers, agents, and employees.
Can I sue a co-worker?
The statute makes workers' compensation the exclusive remedy against employees of the employer, too.
Can I sue a property owner or contractor on the job site?
Possibly, if they aren't your employer or an eligible employer under § 34A-2-103; § 34A-2-106(4) preserves such actions.
Does the comp insurer get paid back from my third-party recovery?
The statute provides for reimbursement of compensation payments, less a proportionate share of fees and costs.
Can I waive my workers' comp rights?
Such an agreement is not valid under § 34A-2-108(1), with a limited exception.