All Utah employers are required to carry Workers' Compensation Insurance except for a few work situations (see below). Corporate directors, officers, and LLC members are considered employees. To exclude themselves from coverage, they must do so through an insurance company.
UT Workers' Comp: Key Details
- In Utah, sole proprietors and partners are not included in Workers' Comp coverage, but they can elect to include themselves under their policy.
- A general contractor now has the responsibility of ensuring that their subcontractors—including sole proprietors, partners, and corporate officers—carry Workers' Compensation.
- If the subcontractor doesn't have Workers' Comp, the subcontractor becomes an employee of the general contractor for Workers' Compensation purposes only.
- Coverage must be provided under the general contractor's policy.
- A few work situations are excluded from compulsory coverage, including…
- Some employers of agricultural laborers and casual or domestic workers.
- Real estate brokers.
- Sole proprietors and partners.
- Utah operates a competitive state fund: the Workers Compensation Fund of Utah.
- Insurance may be purchased through Utah's state fund or a private insurance company.
- Businesses may also self-insure, but they have to apply for approval through the Labor Commission of Utah and meet the minimum net worth requirement of $10 million.
Need a little more clarification about Workers' Comp laws in Utah? Browse the resources from the state's Labor Commission.