Utah Worker's Compensation Laws

Utah Code Section 34A-2-401 allows an employee who is injured in an accident arising out of and in the course of the employee's employment to recover compensation for the losses sustained as a result of that injury.  What is important to understand is how the terms 'arising out of' and 'course of employment' are defined, especially for those who have preexisting medical conditions.  The courts have determined that the language in that statute "was intended to ensure that compensation is only awarded where there is a sufficient causal connection between the disability and the working conditions.”  Allen v. Industrial Comm’n, 729 P.2d 15, 24–25 (Utah 1986).  The court requires proof of both 'medical causation' and 'legal causation.'  Such proof is required in order to prevent employers from having to be insurers for all of their employees' injuries, and to limit their liability to only those injuries caused by the employee's actual employment.

It is important to note that an injury is not always compensable just because it occurs at the workplace.  If an employee has a preexisting condition, they must show that some condition or exertion required by the employment increases the risk of injury which the worker normally faces in their everyday life.  Allen at 25.  Typically, the employee has to show the employment contributed something substantial to increase the risk he already faced in his every day life.  Id.  This can be done by showing that the injury was precipitated by an "unusual or extraordinary exertion."  Id. at 25-26.  A determination of what is 'unusual exertion' is based on a general expectation of nonemployment activities, like taking out the trash, lifting and carrying luggage for travel, climbing stairs, lifting a small child, etc.

As a result, if you have been injured at work and that injury arose out of the course of your employment your employer is required to compensate you for an injuries sustained as a result thereof.  If you have any questions in this regard, please contact us at (435)753-4775 for a free consultation or visit us at http://www.ericsonshaw.com.