The Utah Workers Compensation insurance is the exclusive remedy for employees who are injured on the job in Utah. This means employees can’t file personal injury lawsuits against their employers if those employees accept a settlement from workers’ comp for damages and losses. However, there are certain exceptions to this rule that allow employees to sue employers in specific situations. Here are two of them.
Willful, Reckless, or Abhorrent Behavior
An employee can sue an employer directly if the employer behaves in a willful, reckless, or abhorrent manner that leads to the employee’s injury. For instance, the employer knew there was toxic mold in the walls but did nothing to get rid of the problem because he or she wanted to save money. In this case, the employee would either be eligible for a bigger workers’ comp settlement or get permission from the insurance company to take the employer to court to obtain additional compensation.
Retaliation for Filing a Claim
Employees can take employers to court if the employers retaliate against them for filing claims. Some employers get very upset when employees file workers’ compensation claims because they’re afraid their rates will go up or they may be investigated by the government if too many employees are getting hurt on the job. As a way of getting back at the employee, the employer may perform adverse actions against the person such as:
• Firing the person after he or she files the claim
• Demoting, giving negative performance reviews, or declining to promote the employee
• Refusing to hire a person with an active claim
• Blocking the employee’s ability to collect compensation
• Cutting the person’s pay, hours, or benefits
• Bullying, ridiculing, or otherwise making the workplace hostile for the employee
In addition to actual damages and losses (e.g. lost wages) the employee may sustain from the employer’s retaliatory actions, the employee can sometimes win a monetary award for mental anguish and suffering caused by the employer’s behavior.
Suing an employer in a state where the exclusive remedy for an injury is workers’ compensation can be challenging. Contact an attorney with experience handling Utah Workers Compensation cases such as Davis and Sanchez PLLC for assistance litigating the case.
