Utah Workers' Comp Retaliation and Unlawful Interference: Can You Be Fired for Filing?
General information, not legal advice. Read the full disclaimer.
Short answer: Utah's Workers' Compensation Act prohibits an employer from knowingly or intentionally impeding or diminishing an employee's efforts to make a claim or receive benefits, and from intimidating, coercing, or harassing an employee with the intent to prevent a claim. The Industrial Accidents Division may impose a fine of up to $5,000 on an employer that violates the rule (Utah Code § 34A-2-114, effective May 8, 2018, as described by the Labor Commission). But the Labor Commission also states the Act does not prohibit an employer from discharging an injured worker who can no longer perform the job. Termination of a worker who can perform the essential functions of the job may violate the Utah Antidiscrimination Act and the Americans with Disabilities Act.
Who this guide is for
Utah employees who are afraid to report a work injury, are being pressured not to file, or were disciplined or fired after an injury or claim.
What counts as unlawful interference
Per the Labor Commission's Employee's Guide, an employer may not:
- knowingly or intentionally impede or diminish the employee's efforts to make a claim or receive benefits; or
- engage in behavior toward an employee in which the employee is intimidated, coerced, or harassed with the intent of preventing the employee from making a claim or receiving benefits.
Examples that can raise the issue include discouraging you from reporting, threatening your job if you file, refusing to submit the employer's report, or pressuring you to use health insurance instead of workers' compensation. Whether conduct meets the "knowing or intentional" standard is a fact question.
Penalties
The Industrial Accidents Division may fine an employer up to $5,000 for violating the interference rule. Employees can contact the Division to report non-compliance. Employers who neglect to file required injury reports can also face civil assessments.
When an employer can end employment
The Labor Commission's guide states plainly that the Act does not prohibit discharging an injured worker who can't perform the job, and that an employer isn't required to offer a new job or retain an employee who can't return to the same duties. That's different from firing someone because they filed a claim, or while they could perform the job. Termination can also affect disability compensation: benefits may be reduced or terminated if an employee is terminated for criminal conduct, violent conduct, violation of workplace health, safety, licensure, or nondiscrimination rules, or failing a drug or alcohol test. Medical benefits continue regardless.
Other laws that may apply
- Utah Antidiscrimination Act and the ADA. Termination of a worker who is capable of performing the essential functions of the job may violate these laws; the Labor Commission's Antidiscrimination Division handles state claims. See Filing a Workplace Discrimination Complaint in Utah.
- Public-policy wrongful termination. Utah recognizes a public-policy exception to at-will employment, which includes exercising a legal right such as filing a workers' compensation claim. See Wrongful Termination in Utah.
- FMLA. FMLA leave and workers' compensation leave can run together if the employer properly notifies you in writing, but the Workers' Compensation Act doesn't require employers to continue health insurance while you're off work.
Light duty and returning to work
If a doctor releases you to light duty and the employer accommodates suitable light-duty work, you must accept it or risk losing temporary disability compensation. If no light duty is offered, you continue to receive temporary total disability until the treating physician says you're medically stable and able to return. If you accept a lower-paying position, you may qualify for temporary partial disability to offset the wage difference. If you have permanent limitations, the Utah State Office of Rehabilitation may provide rehabilitation services.
What to do if you think you're being retaliated against
- Document everything: dates, who said what, emails and texts, schedule changes, write-ups.
- Report the injury in writing and keep proof.
- Contact the Industrial Accidents Division about interference, and the Antidiscrimination Division if disability discrimination is involved.
- Talk to an employment attorney about wrongful termination and discrimination claims, which have their own deadlines (for example, 180 days to file a discrimination charge).
Frequently asked questions
Can my employer fire me for filing a workers' comp claim?
An employer may not knowingly or intentionally impede a claim or retaliate to prevent one, and firing a worker who can perform the job may violate other laws. But the Act doesn't stop an employer from discharging an injured worker who can no longer perform the job.
What is the penalty for interference?
The Division may impose a fine of up to $5,000.
Will I lose medical benefits if I'm fired?
The Labor Commission says medical benefits continue even if disability compensation is reduced or ended.
Do I have to take a light-duty job?
If the employer offers suitable light-duty work within your restrictions, you must accept it or risk losing temporary disability benefits.