Will the Real Employer Please Stand Up: An Analysis of Workers Compensation Immunity Under Utah Law
Workplace accidents are a leading cause of serious injuries in the United States. Given the general inadequacy of the benefits provided by workers compensation, it is not surprising that plaintiff’s attorneys are regularly called upon to investigate and pursue tort claims on behalf of individuals injured in construction and other workplace accidents. However, it is often difficult to tell at the beginning of a case which potential defendants – subcontractors, the general contractor or the property owner (or all three) – can be sued and which can claim immunity under the exclusive remedy provision of the Workers Compensation Act. This article addresses Utah law on when workers compensation immunity attaches to such claims.
Under the Utah Workers Compensation Act, an injured worker is precluded from suing his direct employer and co-employees: “The right to recover compensation [under the Workers’ Compensation Act] for injuries sustained by an employee . . . shall be the exclusive remedy against any officer, agent, or employee of the employer . . . .” UTAH CODE ANN. § 34A-2-105(1). However, the injured worker is entitled to assert an action in tort against other entities, including general contractors, subcontractors and property owners, whose negligence caused the injury:
(1) When any injury or death for which compensation is payable under this chapter . . . is caused by the wrongful act or neglect of a person other than an employer, officer, agent, or employee of the employer:
(a) the injured employee, or in case of death, the employee’s dependents, may claim compensation; and
(b) the injured employee or the employee’s heirs or personal representative may have an action for damages against the third person. . . .
(4) For the purposes of this section and notwithstanding Section 34A-2-103, the injured employee or the employee’s heirs or personal representative may also maintain an action for damages against any of the following persons who do not occupy an employee-employer relationship with the injured or deceased employee at the time of the employee’s injury or death:
(a) a subcontractor;
(b) a general contractor;
(c) an independent contractor;
(d) a property owner; or
(e) a lessee or assignee of a property owner.
Id. § 34A-2-106
Section 34A-2-106 appears to create a simple framework whereby an injured worker may recover in tort against any party, with the exception of the direct employer, whose negligence caused the injury. Unfortunately, the reality is quite different.
Read the entire article here.
This article was written by Jeff Eisenberg and David A. Cutt.
