Estimated read time: 4-5 minutes
Like other states, the state of Utah requires employers to carry workers compensation insurance. In the event of an accident at work, this insurance is designed to pay an injured worker's medical expenses, a modest wage until the employee can get back to work, and modest compensation for a permanent impairment — such as consequences of a serious orthopedic surgery or an amputated body part. In extreme cases, workers compensation insurance pays death benefits to an employee's family if the employee is killed, or a modest income for life if the employee is never able to return to work again. Whose fault the accident is (the employer's or the employee's) does not matter.
Workers compensation benefits are not a gateway to easy wealth. These bare-bones benefits are designed to keep an injured worker's family afloat financially until the employee can fully recuperate. Most of clients say they would trade their workers compensation benefits in a heartbeat for the accident never to have happened in the first place. Injured workers often lose good health, income and future earning power following a serious accident at work--even with the insurance coverage.
Is it any wonder that the Workers Compensation Fund has adopted as its motto: "Be careful out there!" Another reason to "be careful out there" is that insurance companies do not like to pay. They will often use every means at their disposal to delay or avoid payment altogether. The injured worker below called Davis & Sanchez for help. The real names of these injured employees have been changed.
Did he work for himself?
Fred was a mechanic. One day, he used a pneumatic jack to raise a large RV so he could work underneath the vehicle. The details of what actually happened next are still a mystery. Somehow, either the jack failed or someone accidentally tripped the hydraulic release, and the vehicle fell on top of Fred, trapping him beneath. Before the jack could be repositioned to raise the RV, Fred passed away. Fred's wife, Laura, and his three daughters, made a claim with the state of Utah Uninsured Employers Fund, because the employer carried no workers compensation insurance. The claim was denied, because the employer claimed that Fred was not one of his employees--merely a guy he paid occasionally to come in and do mechanic work for him as an independent contractor.
At a hearing in front of a Judge at the Utah Labor Commission, testimony and exhibits showed that Fred worked at least 40 hours per week for his employer, used the employer's vehicle, used the employer's tools, used the employer's shop and only did work on jobs that were solicited by the employer. Fred did not own a repair shop, had no business license, and did not receive money from customers, unless it was an on-site job, in which event he turned the money over to his employer. Fred had no financial interest, other than his hourly wage, in his employer's business.
Following the hearing, Laura and her children were awarded outstanding medical expenses, funeral expenses, and death benefits. The employer appealed the case, but the Judge's original opinion was upheld. The employer was also heavily fined for not carrying workers compensation insurance, as required by law.
This situation is all too common. An employer simply calling an employee an "independent contractor" does not make it so. Many factors, such as those mentioned above, must be considered to determine whether or not an employer has substantial control over an employee and his work. To mix metaphors, if something looks like a duck, walks like a duck, and quacks like a duck ... it's a duck! The same is true of an employee.
Most workplace injuries aren't reported
What happened to Fred could easily happen to you or to those you love.
In 2021, the U.S. Bureau of Labor Statistics reported that an average of 2.3 per 100 full-time workers were injured on the job that year. The most common non-fatal injuries were sprains, strains, and tears. Construction, transportation, and warehouse industries accounted for the most work-related deaths.
When you're dealing with the lasting effects of a workplace injury or death, the last thing you want is a financial burden to carry as well. However, many workers are unaware of the benefits available to them through worker's compensation. The Occupational Safety and Health Administration estimates that half of workplace injuries go unreported.
Have you been injured at work? Get help!
If you suspect you aren't receiving the compensation you rightfully deserve for a workplace injury or illness, it's important to act quickly. Let the award-winning team of attorneys at Davis & Sanchez help. As a law firm focused solely on workers' compensation, Davis & Sanchez offers free case evaluations to help you determine if hiring an attorney is your best option.
Contact them today to get the help you need.
