State Codes and Statutes
Statutes > Utah > Title-34a > Chapter-02 > 34a-2-10634A-2-106. Injuries or death caused by wrongful acts of persons other thanemployer, officer, agent, or employee of employer -- Rights of employer or insurancecarrier in cause of action -- Maintenance of action -- Notice of intention to proceed againstthird party -- Right to maintain action not involving employee-employer relationship --Disbursement of proceeds of recovery -- Exclusive remedy.
(1) When any injury or death for which compensation is payable under this chapter orChapter 3, Utah Occupational Disease Act is caused by the wrongful act or neglect of a personother than an employer, officer, agent, or employee of the employer:
(a) the injured employee, or in case of death, the employee's dependents, may claimcompensation; and
(b) the injured employee or the employee's heirs or personal representative may have anaction for damages against the third person.
(2) (a) If compensation is claimed and the employer or insurance carrier becomesobligated to pay compensation, the employer or insurance carrier:
(i) shall become trustee of the cause of action against the third party; and
(ii) may bring and maintain the action either in its own name or in the name of theinjured employee, or the employee's heirs or the personal representative of the deceased.
(b) Notwithstanding Subsection (2)(a), an employer or insurance carrier may not settleand release a cause of action of which it is a trustee under Subsection (2)(a) without the consentof the commission.
(3) (a) Before proceeding against a third party, to give a person described in Subsections(3)(a)(i) and (ii) a reasonable opportunity to enter an appearance in the proceeding, the injuredemployee or, in case of death, the employee's heirs, shall give written notice of the intention tobring an action against the third party to:
(i) the carrier; and
(ii) any other person obligated for the compensation payments.
(b) The injured employee, or, in case of death, the employee's heirs, shall give writtennotice to the carrier and other person obligated for the compensation payments of any knownattempt to attribute fault to the employer, officer, agent, or employee of the employer:
(i) by way of settlement; or
(ii) in a proceeding brought by the injured employee, or, in case of death, the employee'sheirs.
(4) For the purposes of this section and notwithstanding Section 34A-2-103, the injuredemployee or the employee's heirs or personal representative may also maintain an action fordamages against any of the following persons who do not occupy an employee-employerrelationship with the injured or deceased employee at the time of the employee's injury or death:
(a) a subcontractor;
(b) a general contractor;
(c) an independent contractor;
(d) a property owner; or
(e) a lessee or assignee of a property owner.
(5) If any recovery is obtained against a third person, it shall be disbursed in accordancewith Subsections (5)(a) through (c).
(a) The reasonable expense of the action, including attorney fees, shall be paid andcharged proportionately against the parties as their interests may appear. Any fee chargeable to
the employer or carrier is to be a credit upon any fee payable by the injured employee or, in thecase of death, by the dependents, for any recovery had against the third party.
(b) The person liable for compensation payments shall be reimbursed, less theproportionate share of costs and attorney fees provided for in Subsection (5)(a), for the paymentsmade as follows:
(i) without reduction based on fault attributed to the employer, officer, agent, oremployee of the employer in the action against the third party if the combined percentage of faultattributed to persons immune from suit is determined to be less than 40% prior to anyreallocation of fault under Subsection 78B-5-819(2); or
(ii) less the amount of payments made multiplied by the percentage of fault attributed tothe employer, officer, agent, or employee of the employer in the action against the third party ifthe combined percentage of fault attributed to persons immune from suit is determined to be 40%or more prior to any reallocation of fault under Subsection 78B-5-819(2).
(c) The balance shall be paid to the injured employee, or the employee's heirs in case ofdeath, to be applied to reduce or satisfy in full any obligation thereafter accruing against theperson liable for compensation.
(6) The apportionment of fault to the employer in a civil action against a third party is notan action at law and does not impose any liability on the employer. The apportionment of faultdoes not alter or diminish the exclusiveness of the remedy provided to employees, their heirs, orpersonal representatives, or the immunity provided employers pursuant to Section 34A-2-105 or34A-3-102 for injuries sustained by an employee, whether resulting in death or not. Any court inwhich a civil action is pending shall issue a partial summary judgment to an employer withrespect to the employer's immunity as provided in Section 34A-2-105 or 34A-3-102, even thoughthe conduct of the employer may be considered in allocating fault to the employer in a third partyaction in the manner provided in Sections 78B-5-817 through 78B-5-823.
Amended by Chapter 3, 2008 General Session
