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★ Utah · workplace

Workplace settlements
in Utah.

By 9 min read

Utah pays temporary total disability at two thirds of the worker’s average weekly wage, up to 100 percent of the state average weekly wage. A construction worker who fractured his knee jumping from a tilting trailer lost his claim for two later surgeries, and an office worker who fell on a new campus sidewalk during lunch could not hold the builder liable.

Facts that decide a workplace claim in Utah

Temporary total disability66 2/3 percent of average weekly wages, not more than 100 percent of the state average weekly wage, with a minimum of $45 plus allowances for dependents.Utah Code § 34A-2-410(1)(a)
Deadline to sueFour years for claims “for relief not otherwise provided for by law,” which covers most negligence injury claims; claims against government entities have shorter limits.Utah Code § 78B-2-307
Fault ruleYour fault does not alone bar recovery; you may recover from defendants whose combined fault, with immune persons and nonparties, exceeds yours, and each defendant pays only its share.Utah Code § 78B-5-818
★ band · US federal frame
Scheduled statutory benefits, no pain-and-suffering award
Workplace injury (workers compensation)
State workers-compensation schedules; value tracks the impairment rating, the wage rate and future medical, and most claims close by compromise-and-release rather than verdict.

The US band is the starting point. Utah's fault rule and any applicable cap then adjust the figure.

★ UT · reported workplace outcomes

What Utah courts have awarded.

Real Utah decisions and verdicts, each linked to the court record or official report.

  • Utah Court of Appeals · 2019
    Denial of benefits for later surgeries upheld

    In 2013, Gerald Benge was operating an excavator on a trailer ramp for a construction company when the ramp tilted; he jumped down and twisted his right knee, suffering a torn meniscus and a fracture of the tibial plateau. After a first surgery, the surgeon noted old tissue from an earlier tear. Benge had two more surgeries, but the Labor Commission denied benefits for them and for permanent impairment, and the court declined to disturb that order.

  • Utah Court of Appeals · 2020
    Judgment for builder affirmed

    On a lunch break in July 2013, Julie Johnson, an eBay employee, tripped where a sidewalk dropped off to a concrete driveway on the new eBay campus in Draper and fell on her hands and knees. Almost four years later she and her husband sued the contractor that built the sidewalk. The court affirmed judgment for the builder, which did not then have possession or control of the sidewalk.

★ UT · workplace · in practice

What changes the number here.

What actually moves a workplace settlement in Utah.

  1. 1

    Earlier injuries in the same joint can defeat claims for later surgery, as the old ACL tissue did in Benge.

  2. 2

    Third party claims against builders face their own deadlines and control requirements, as Johnson shows.

  3. 3

    Check the Labor Commission’s maximum for your injury date; it tracks the state average weekly wage.

★ UT · statute of limitations
4 years for personal injury; 2 years for medical malpractice

Utah Code § 78B-2-307

★ UT · fault rule
Modified comparative, 50% bar

Modified comparative, recovery barred at 50% claimant fault.

★ UT · caps

What caps recovery.

Statutory caps that may bear on a workplace settlement in Utah.

★ workplace · same region & fault regime

Compare to like jurisdictions.

How Utah's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for workplace claims.

JurisdictionFault ruleLimitationWorkplace page
Utah · you are hereModified comparative, 50% bar4 years for personal injury; 2 years for medical malpractice—
WashingtonPure comparative negligence3 years from date of injuryWA · workplace →
WyomingModified comparative, 51% bar4 years from date of injuryWY · workplace →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · workplace →
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · workplace →
ColoradoModified comparative, 50% bar2 years for personal injury; 3 years for motor vehicleCO · workplace →
HawaiiModified comparative, 51% bar2 years from date of injuryHI · workplace →
ArkansasModified comparative, 50% bar3 years for personal injury; 2 years for medical malpracticeAR · workplace →
GeorgiaModified comparative, 50% bar2 years from date of injuryGA · workplace →
IdahoModified comparative, 50% bar2 years from date of injuryID · workplace →
KansasModified comparative, 50% bar2 years from date of injuryKS · workplace →
VermontModified comparative, 51% bar3 years from date of injuryVT · workplace →
VirginiaPure contributory negligence2 years from date of injuryVA · workplace →
★ UT · workplace · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ editorial note

Figures on this page are starting points: the US band adjusted for Utah's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Utah. See /methodology, /sources, and /disclaimer.