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Utah Workers' Compensation Questions & Answers
Q: What type of lawyer do I need to fight against a company I was fired from for an allergic reaction to their chems?

Dirty Dough has open case in "cookie wars" case, and I have been working with OSHA, eeoc and labor commissions on this and was encouraged to obtain counsel ASAP.

T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 28, 2023

For a case involving wrongful termination due to an allergic reaction to workplace chemicals, you would typically seek an employment lawyer with experience in wrongful termination and workplace discrimination cases.

1 Answer | Asked in Workers' Compensation for Utah on
Q: I got injured at work work back in June 2020. I received a letter recently for a termination on my case.

Workers comp sent me to a doctor of their choose to get a independent medical evaluation. The doctors opinion was that my injuries are not work related, now workers comp sent me papers saying that my case was denied and terminated because of the doctors opinion.

Tim Rose
Tim Rose pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 22, 2023

I'm sorry you are having trouble with your claim. This is a very common way for the workers compensation insurance company to stop paying for your injury. You should consult with an attorney to see if you can dispute the denial of your claim. You may need to have your treating doctor write an... View More

1 Answer | Asked in Bankruptcy, Estate Planning and Workers' Compensation for Utah on
Q: Can your v. Successful x husband leave you homeless after 20 years of marriage and 4 kids?
David Luther Woodward
David Luther Woodward
answered on Dec 1, 2020

I don't know! You live in Utah and things are done differently there! LOL

Please go see a divorce lawyer ASAP. Most good family lawyers will hear you out in the first sitting. Here in Florida (and in Texas and Oklahoma) the court can award temporary alimony, child support and...
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1 Answer | Asked in Workers' Compensation for Utah on
Q: I have a contract in place to go work in Canada for the next 2 months. Because of the virus, I can't. Losing $25,000
Wesley Winsor
Wesley Winsor
answered on Mar 30, 2020

I am not sure what your question is. I don't see a question.

1 Answer | Asked in Contracts and Workers' Compensation for Utah on
Q: Does my employer have any right to clawback a 2019 bonus if I put in my 2-week notice on the same day as bonus payout?

I accepted a new job offer and it requires me to put in my 2-weeks notice to my current employer on the same day I get my 2019 performance bonus paid out. Does my current employer have any legal right to clawback my bonus if it has already cleared in my account?

Kenneth Prigmore
Kenneth Prigmore
answered on Feb 7, 2020

No. Bonuses, though voluntarily paid on top of other compensation by your employer, are still considered wages in the eyes of the IRS. Bonuses are paid for past performance, with the hope that you will continue to work at that level.

Once they have paid you, they can't take it back....
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Q: What if my husband had a 3 to 4 slice of wood jammed through his hand at work and the employer asked my husband if he

Would put it on our personal insurance because he didn't have workman's comp for his employers. Very small company, we question if workman's comp is required. This was Friday 10/27/17, my husband was "let go" yesterday, 10/31/17!! Please help?

Lincoln W. Hobbs
Lincoln W. Hobbs
answered on Nov 1, 2017

I'm not licensed in Nevada, and am not sure where this occurred, but in Utah the employer would have to have had workers compensation insurance (and I'm 99% certain that would be the case in Nevada -- I think it's the case in all states. Your husband should see a good personal injury... View More

0 Answers | Asked in Employment Law and Workers' Compensation for Utah on
Q: On a workmans comp claim; does the employee need to fill out & sign the claim? Or does the employer/ OM

Is there any thing that is required in terms stating individual on claim agrees the claim is correct and true requiring a signature from the affected individual?

2 Answers | Asked in Employment Law and Workers' Compensation for Utah on
Q: Can an employer ask you not to file a claim if they offer to pay any of your out of pocket expenses?

Sorry, a worker’s comp claim for an on the job injury.

Lincoln W. Hobbs
Lincoln W. Hobbs
answered on Oct 12, 2017

They can't legally preclude you from filing a claim, and thus if your claim has any potential of becoming serious, you should be very careful in accepting their "offer." If they make this offer, they are likely foregoing their immunity from liability if you were to decide to sue them... View More

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1 Answer | Asked in Personal Injury and Workers' Compensation for Utah on
Q: Are workers compensation checks based off of hours youve worked for the company or is it just 2/3 of a regular check..
Peter N. Munsing
Peter N. Munsing
answered on Jun 9, 2017

You look at your average wages (gross). Note any second jobs or other work you can't do. Also, if while you are out there is OT you missed, or holiday pay you should factor that in.

1 Answer | Asked in Medical Malpractice, Personal Injury and Workers' Compensation for Utah on
Q: If I fell and hit my head and shattered my wrist from 20ft and the never checked for a brain injury would I have a case

Was at work

Peter N. Munsing
Peter N. Munsing
answered on Apr 17, 2017

You are only compensated for what did happen, not what could have happened. If you had a brain injury that was made worse by their failure to diagnose and treat, yes; if the damage had been done before they examined you and the delay made no difference no. Get your comp attorney to recommend some... View More

3 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Utah on
Q: Attacked by yellow jackets at work

We were asked to start a project as soon after starting we were attacked by yellow jackets I was stung 20 to 30 times on the back of my head and throughout my body. I was wondering if there was any legal action I can take

Lincoln W. Hobbs
Lincoln W. Hobbs
answered on Oct 27, 2016

Assuming you required medical treatment, the expenses should be paid by your employer's workers' compensation insurance. You probably don't have a personal injury claim against your employer, assuming they had that required coverage. And there's not likely a claim against anyone... View More

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