Utah Workers Compensation Rules for Employers

Q: How many employees before Utah requires workers compensation?

One. Utah sets no headcount threshold. The Utah Labor Commission states that with a few exceptions every employer is required to provide workers compensation coverage for all its employees, under Utah Code § 34A-2-201. The Commission also says protection begins as soon as an employee begins work, and that employees are entitled to benefits even if they have only been on the job a short time or work part-time. There is no probationary period before coverage attaches, no minimum hours, and no small business carve-out based on size. If you have one part-time worker on payroll and you are not inside one of the narrow statutory exclusions, you need a policy before that person starts.

Q: Do owners and corporate officers count as employees in Utah?

Not automatically, and the mechanics differ by entity type. Sole proprietors, partners in a partnership, and members of a limited liability company are not automatically covered, though the business can elect to cover them. Corporate officers and directors are covered by default, but a corporation can exclude up to five directors or officers by notifying its insurance carrier, or by filing the Corporation Directors and Officers Workers Compensation Exclusion Form with the Industrial Accidents Division if it has no policy. That exclusion filing is limited to registered Utah corporations, and a corporation that contracts out its work, such as a construction contractor, is not eligible and should apply for a coverage waiver instead.

Q: Where does a Utah employer buy workers compensation insurance?

From a private carrier authorized by the Utah Insurance Department. Utah is not a monopolistic state, so there is no single government fund you are forced to buy from. The Insurance Department says coverage is available from a large number of insurance companies, and it establishes the basic premium rates that carriers then modify for occupational risk and your own claims history. The Labor Commission also describes an insurer of last resort that must write coverage for any Utah employer, so a poor loss history does not leave a business with no market. The third route is self-insurance, which requires advance authorization from the Industrial Accidents Division and realistically fits only large employers.

Q: How fast does a Utah employer have to report an injury?

Within seven days of learning about it. Once an employer learns by any means and from any source of a workplace injury or illness, it must file the Employer’s First Report of Injury or Illness (Form 122e) with its workers compensation carrier within seven days, and give the injured worker a copy along with the Injured Workers’ Rights and Responsibilities notice (Form 100). The carrier then has 14 days to file the report electronically with the Industrial Accidents Division. An uninsured employer reports directly to the Division instead. Injuries that need only first aid, with no medical bill generated, do not have to be reported. A separate rule applies to serious accidents: UOSH requires a report within eight hours.

Q: What happens to a Utah employer with no workers compensation coverage?

Three things stack. The Industrial Accidents Division imposes a penalty of the greater of $1,000 or three times the premium the employer would have paid during the period of noncompliance, under Utah Code § 34A-2-211. The Labor Commission can seek an injunction prohibiting continued business operations. And the employer loses the exclusive remedy protection, meaning the employer and its employees can be sued in court for damages by an injured worker. Utah Code § 34A-2-207 also makes failure to comply a class B misdemeanor, with each day of noncompliance treated as a separate offense. Penalties collected are deposited into the Uninsured Employers’ Fund, which pays the injured worker when the uninsured employer cannot.

Q: Does Utah require a workers compensation handout for new hires?

No. Utah requires a posted notice, not a new hire packet. The Workers’ Compensation Notice must be posted and kept continuously in public and conspicuous places in the office, shop, or place of business, and the employer fills in the insurance company name, policy number, address, and phone number, or checks the box for authorized self-insurance. The Labor Commission provides it free in English and Spanish. The handout obligation is triggered by an injury rather than by hire: when the employer files the first report of injury, it must give the injured worker a copy of that report along with the Injured Workers’ Rights and Responsibilities notice.

Q: Am I liable for an uninsured contractor’s injured worker in Utah?

You can be. Utah expects a hiring employer to verify that a contractor has complied with workers compensation coverage requirements. If the hiring employer fails to verify coverage and the contractor is uninsured, Utah law treats the hiring employer as the statutory employer of that contractor’s employees, and the hiring employer becomes liable for their workers compensation benefits. The Labor Commission runs two free lookups for this: a coverage verification service and a status check for workers compensation coverage waivers. Verifying before the work starts, and keeping the certificate or waiver on file, is the entire defense.

Utah requires workers compensation from the first employee. Who is excluded, where the policy comes from, the 7 day report, and what going bare costs.

Nick Anisimov

FirstHR Founder

Utah•

August 18, 2026

•

14 min

Utah Workers Compensation

Coverage from the first employee, waivers for owners with no staff, a seven day report to the carrier, and a penalty of three times the premium for going without

The question I get from Utah founders is always some version of the same one: how many people do I need before I have to buy workers compensation? In Utah the answer is one. There is no headcount threshold to grow into, no exemption for very small payrolls, and no grace period for a first part-time hire.

That surprises people who have run a business in a state with a three or five employee threshold. It matters more than most single compliance facts because of what happens when you get it wrong. An uninsured Utah employer faces a money penalty measured against the premium it dodged, an injunction that can stop the business from operating, and the loss of the one protection the system gives employers: the exclusive remedy that keeps an injured worker out of civil court.

This page is Utah only. How the system works in general, what a policy actually pays for, and how claims run is covered in our guide to workers compensation insurance, and this page will not repeat it. For hiring paperwork, wages, leave, and the rest of the state picture, use the Utah HR compliance guide.

TL;DR

Utah requires workers compensation from the first employee, with no minimum headcount. Sole proprietors, partners, and LLC members are not automatically covered and can take a coverage waiver, and a corporation may exclude up to five officers. Buy from any carrier authorized by the Utah Insurance Department. Report an injury to your carrier within seven days. Going without coverage costs the greater of $1,000 or three times the premium you avoided.

Who Has to Carry Coverage in Utah

Every Utah employer with employees must carry workers compensation, with a few narrow exceptions. The Utah Labor Commission puts it plainly in its employer guidance: with a few exceptions, every employer is required to provide workers compensation coverage for all its employees, under Utah Code § 34A-2-201. No employee count appears in that rule.

Coverage is not something the employee earns over time either. The Commission states that protection begins as soon as an employee begins work, and that employees are entitled to benefits even if they have only been on the job a short time or are working part-time. A seasonal worker on day one is inside the system exactly as a ten year veteran is.

Two related rules trip up small employers who think they have avoided the requirement. Employees cannot be charged for their own coverage. And other insurance does not substitute: general health and general liability policies do not cover workplace injuries, do not provide the disability and dependent benefits the Act requires, and do not give you the exclusive remedy protection.

You cannot pay benefits directly instead of buying a policy

Utah law specifically prohibits an employer that is not an authorized self-insurer from paying an injured worker's medical and disability benefits directly. Handing an injured employee cash for an urgent care visit is not compliance, and it does not stop the penalty clock. Direct payment of benefits is reserved for employers holding a certificate of self-insurance from the Industrial Accidents Division.

Who Sits Outside the Requirement

Utah excludes a short list of working relationships from the definition of employee, and gives business owners a documented way to opt themselves out. The categories below come from the Workers' Compensation Act at Utah Code §§ 34A-2-103 and 34A-2-104 and from the Labor Commission's published employer guidance.

Category	How Utah treats it
Sole proprietor with no employees	Not automatically covered. The business may elect to cover the owner, or apply for a workers compensation coverage waiver certifying that it has no employees and is an independently established business.
Partners in a partnership	Same treatment as a sole proprietor. Partners are not automatically covered and the partnership may elect coverage or seek a waiver.
Members of an LLC	Treated as a partnership for this purpose, so members may be eligible for a coverage waiver.
Corporate officers and directors	Covered by default. A corporation may exclude up to five directors or officers, by notifying its carrier or filing the exclusion form with the Industrial Accidents Division if it has no policy. Corporations that contract out their work are not eligible and should seek a waiver instead.
Independent contractors	Outside the definition if genuinely independent under Utah Code § 34A-2-103(2)(b): independent in all that pertains to executing the work, not subject to routine rule or control, engaged only in a definite job, and subordinate only in effecting a result. A contractor that has employees must carry coverage for them.
Domestic workers	A domestic employer who does not employ one employee, or more than one employee, at least 40 hours per week is not an employer under the Act. Read plainly: household help becomes covered once someone works 40 or more hours a week for you.
Agricultural labor	An agricultural employer is not the employer of a nonimmediate family employee if last year’s payroll for nonimmediate family employees was under $8,000, or was $8,000 to under $50,000 and the employer carries at least $300,000 of liability insurance plus $5,000 of health care benefits covering job-related injuries.
Casual labor	Employment that is casual and not in the usual course of the employer’s trade, business, or occupation falls outside the definition of employee.
Real estate and insurance brokers	Some are excluded by statute. The Labor Commission lists real estate and insurance brokers among the excluded groups, so check the specific arrangement against Utah Code § 34A-2-104 before assuming.
Owner-operator truck drivers	An individual who owns or leases a vehicle to a motor carrier and personally drives it under an independent contractor agreement must show occupational accident insurance at the limits set in Utah Code § 34A-2-104 to obtain a waiver.
Volunteers	A volunteer for a nongovernment entity is not an employee and gets no benefits unless the entity chooses to provide coverage. A volunteer for a government entity is entitled to medical benefits and in some cases disability benefits.
Leased employees	The business using the workers, not the leasing company, is the employer for workers compensation purposes. A leasing company may provide the coverage, but responsibility stays with the business.

The waiver is the piece most owner-operators miss. A workers compensation coverage waiver is a certification by the Industrial Accidents Division that the holder has no employees and is an independently established business, and it is what a general contractor will ask you to produce. Applying costs a nonrefundable $50 processing fee, the waiver runs for one year, and the Division can revoke it if the business stops qualifying during the term.

Proving the business is real is the substance of the application. You supply either two documents from the first list (business license, occupational or professional license, active liability policy, or last year's business tax return) or one from that list plus two from a second list covering a business bank account, a business phone and physical location, and an advertisement of services.

Verify a contractor before the work starts, not after

Utah expects a hiring employer to check that its contractors carry coverage. Skip the check, and if the contractor turns out to be uninsured Utah treats you as the statutory employer of that contractor's employees, which makes you liable for their benefits. The Labor Commission runs a free coverage verification service and a separate waiver status lookup. Run both, save the result, and re-run it at renewal.

Getting the contractor question wrong in the other direction is just as expensive. Calling a worker a contractor does not make them one, and the Labor Commission runs a dedicated reporting line for worker misclassification. If the relationship looks like employment on the four-part test above, the safer read is employment. Our explainer on worker misclassification covers how the tests differ across agencies.

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Where the Policy Comes From

Utah is a competitive market, not a monopolistic one. You buy workers compensation from a private insurance carrier authorized by the Utah Insurance Department, which says coverage is available from a large number of insurance companies. There is no state fund you are required to use, so this is an ordinary insurance shopping exercise across licensed carriers.

Two other routes exist. The Labor Commission's employer guide describes an insurer of last resort that must provide coverage for any Utah employer, which is what keeps a business with a bad loss history from being locked out of the market. And an employer can apply to the Industrial Accidents Division for authority to self-insure, which means paying benefits directly rather than through a policy.

Route	Who it fits	What it takes
Private carrier	Nearly every small employer	A policy from any carrier authorized by the Utah Insurance Department. Basic premium rates are set by the Insurance Department, then modified for occupational risk and your claims history.
Insurer of last resort	Employers declined by the open market	The Labor Commission’s employer guide describes an insurer that must write coverage for any Utah employer. Confirm the current arrangement with the Insurance Department if carriers decline you.
Self-insurance	Large, financially strong employers only	Advance authorization from the Industrial Accidents Division, an annual certificate, and the financial tests below.

Self-insurance is worth understanding mainly so you can rule it out. The prerequisites published by the Industrial Accidents Division are roughly five years in business, a net worth of at least $10,000,000, a financial strength rating in the top two Dun and Bradstreet tiers, a surety bond or cash deposit held by the state treasurer, and excess workers compensation coverage above an annual cap.

The paperwork matches the size of the commitment: a $1,200 nonrefundable application fee, a certified financial statement, profit and loss history, organizational structure and management background, a current loss run, proposed excess coverage, a bankruptcy and insolvency endorsement, and a parent guarantee for subsidiaries. Status is reviewed annually, and renewal must be filed at least 60 days before the certificate expires with a $650 fee.

For everyone else the practical work is premium management rather than route selection. Premiums move with class code and claims history, so payroll accuracy and a clean loss run are the levers you actually control. Our guide to the workers compensation audit covers the year-end payroll reconciliation that decides what you finally pay.

The Notice You Have to Post

Utah requires a posted notice, not a new hire handout. Employers must post notice that they are in compliance with workers compensation laws, in conspicuous locations at the place of business, and the Labor Commission supplies the notice free in English and Spanish.

The document itself is the Workers' Compensation Notice, and it is a fill-in form rather than a generic poster. You enter the employer name, the insurance company, the policy number, and the carrier address and phone number, or you check the box confirming the Division of Industrial Accidents has authorized you to self-insure. A blank poster with no carrier written in does not do the job.

Requirement	What Utah expects
Workers’ Compensation Notice	Posted and kept continuously in public and conspicuous places in the office, shop, or place of business, per the notice text citing Utah Code §§ 34A-2-204 and 34A-2-104.5.
Carrier details filled in	Insurance company name, policy number, address, and telephone number, or the self-insurance box checked.
Language versions	Free from the Labor Commission in English and Spanish. Post the version your workforce reads.
Occupational safety and health notice	A separate posting requirement from UOSH, alongside the workers compensation notice.
Given to a new hire	Nothing is mandated at hire. Utah’s handout duty is triggered by an injury, not by onboarding.
Given after an injury	A copy of the employer’s first report of injury plus the Injured Workers’ Rights and Responsibilities notice (Form 100).

The Employee's Guide to Workers' Compensation booklet is published free by the Labor Commission in English and Spanish, and handing it to new hires is good practice rather than a legal requirement. The one thing worth building into onboarding is instruction on who to tell when someone gets hurt, because both statutory clocks in the next section start when the employee reports the injury to the employer.

Injury Reporting Deadlines

The employee reports to you, and you report to your carrier within seven days. Those two steps carry different consequences: a late employee report can cost the worker the claim, while a late employer report exposes the business to penalty.

On the employee side, the Labor Commission tells workers to report an injury or illness to their employer immediately, and warns that failing to report within 180 days may disqualify them from benefits. The posted notice carries the same 180 day warning, which is one reason the notice has to stay up where people can read it.

Step	Who acts	Deadline
Report the injury to the employer	Employee	Immediately. Rights may be lost if not reported within 180 days of the injury or work-related illness.
File the Employer’s First Report of Injury or Illness (Form 122e) with the carrier	Employer	Within 7 days of learning of the injury by any means, from any source.
Give the injured worker a copy of the report plus Form 100	Employer	With the first report.
File the First Report electronically with the Industrial Accidents Division	Insurance carrier, or a self-insured employer	Within 14 days of being notified.
File the Physician’s Initial Report (Form 123)	Treating doctor	Within 7 days of the initial visit.
Decide whether the claim is compensable	Insurance carrier	21 days, extendable by 24 more days with Form 441, for 45 days total.
Report a fatality or serious injury to UOSH	Employer	Within 8 hours of occurrence.
Report the injury when the employer has no coverage	Uninsured employer	Directly to the Industrial Accidents Division rather than to a carrier.

Two details decide most reporting questions. Injuries needing only first aid, on site or at an employer-sponsored free clinic, do not have to be reported, and the Labor Commission defines first aid in its rule R612-100-2(J). And disputing the injury is not a reason to sit on the report: even if you doubt an alleged injury is real or work-related, you must still report it, because reporting is not an admission of liability.

The eight hour rule is the one that catches people, because it is separate from the workers compensation claim and far shorter. UOSH requires a report within eight hours of occurrence for any work-related fatality, any disabling, serious, or significant injury, and any occupational disease incident. Its compliance page gives examples: amputation, fracture, deep laceration, severe burn, electrical burn, sight impairment, loss of consciousness, and concussion. That is a broader trigger than many employers assume, and it is worth reading alongside the federal OSHA obligation set.

What Going Without Coverage Costs

The money penalty is the greater of $1,000 or three times the premium you would have paid during the period you went without. That is the calculation in Utah Code § 34A-2-211, and it is why going bare is never cheaper: the penalty is priced off the premium you avoided, then multiplied.

The Industrial Accidents Division monitors employers for compliance and investigates those suspected of operating without coverage. It lists three consequences: penalties of at least $1,000, injunctions prohibiting continued business operations, and loss of the exclusive remedy protection, which means the employer and its employees can be sued in court for damages by an injured worker.

Exposure	What it means
Civil penalty	The greater of $1,000 or three times the premium the employer would have paid during the period of noncompliance (Utah Code § 34A-2-211). Penalties collected go into the Uninsured Employers’ Fund.
Stop-work exposure	The Labor Commission can seek an injunction prohibiting continued business operations.
Loss of exclusive remedy	An injured worker can sue the employer, and co-workers, in court for damages instead of being limited to workers compensation benefits.
Criminal exposure	Utah Code § 34A-2-207 makes failure to comply with the coverage requirement a class B misdemeanor, with each day of noncompliance a separate offense.
Proof of noncompliance	After the Division sends written notice by certified mail or personal service, failing to provide proof of compliance within 10 days is prima facie evidence of noncompliance.
Benefits paid on your behalf	The Uninsured Employers’ Fund covers injured workers whose employer did not maintain the required insurance and otherwise cannot pay because of insolvency. It is financed partly by the penalties collected from uninsured employers.
Interfering with a claim	Impeding or diminishing an employee’s effort to claim or receive benefits carries fines of up to $5,000 under Utah Code § 34A-2-114.
Insurance fraud	Obtaining coverage by underreporting payroll or other material misrepresentation is subject to criminal prosecution.

Read the penalty and the exclusive remedy loss together, because that is where the real money sits. A $1,000 minimum penalty is survivable. A back injury claim litigated in district court, with no statutory cap on damages and no exclusive remedy defense, is the kind of event that ends a fifteen person company. The trade the workers compensation system offers is that certainty, and the price of admission is the policy.

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What to Do When Someone Gets Hurt

Work the sequence in order: medical care first, carrier report within seven days, documents to the worker, and the eight hour call to UOSH if the injury is serious. The steps below follow the claims process the Labor Commission publishes.

Get the worker medical care and say where to go

If you or your carrier have notified employees of a preferred provider organization, the worker goes there for the first visit only. After that the worker may change to a provider of their choice once, with notice to the carrier. If no preferred provider was named in advance, the worker picks the first provider.

Call UOSH within eight hours if the injury is serious

Any work-related fatality, any disabling, serious, or significant injury, and any occupational disease incident goes to UOSH within eight hours of occurrence, by online report or phone. This is separate from the workers compensation claim and it is the shortest clock in the process.

File the first report with your carrier within seven days

Use the Employer’s First Report of Injury or Illness (Form 122e) and send it to your workers compensation carrier. File it even if you dispute the injury, because reporting is not an admission of liability. Injuries requiring only first aid, with no medical bill, do not have to be reported.

Hand the worker their copies

Give the injured worker a copy of the first report plus the Injured Workers’ Rights and Responsibilities notice (Form 100). Add the carrier name, the policy number, and the claim number once you have it, because the medical provider will ask for all three at check-in.

Let the carrier pay, and do not pay benefits yourself

Medical benefits are paid by the carrier or an authorized self-insured employer and cannot be paid directly by the employer. The carrier must decide compensability within 21 days, extendable to 45 days if it files for more investigation time.

Give the carrier accurate wage data

The carrier contacts you for the weekly wage at the time of the injury, which sets the compensation rate. If the worker holds multiple jobs, that history goes to the carrier too. Getting the wage record right the first time avoids a benefit correction later.

Stay in touch and offer light duty in writing

The Labor Commission points to research showing that employers who simply call the injured employee early cut disability claims sharply. When a doctor releases the worker to light duty, put the offer in writing within the documented restrictions. Suitable light duty that the worker refuses can end temporary disability compensation.

Keep the file together

The first report, the medical release, the light duty offer, the wage record, and every dated communication belong in one employee file. That file is what answers a Division inquiry, a carrier question, or a dispute a year later.

Utah benefit parameters for July 1, 2026 through June 30, 2027

The state average weekly wage used to cap benefits is $1,376.00, so maximum temporary total disability is $1,376.00 per week and maximum permanent total is $1,169.00 per week. No compensation is payable for the first three calendar days after the injury, unless total temporary disability runs beyond 14 calendar days, in which case those three days are paid too. Burial benefits are paid up to $12,500. Source: Utah Labor Commission, Quick Reference Guide to Workers' Compensation Benefits, effective July 1, 2026.

One more piece of housekeeping belongs here. Injured worker wage calculations pull from your payroll records, so pay rates, hours, and dependent information all have to be current and findable, and the pay floor sitting under those records is covered on our Utah minimum wage page. Keeping employee records, signed acknowledgments, and policy documents in one place rather than across a spreadsheet and an inbox is a large part of why I built FirstHR. FirstHR is an onboarding and HR platform, not an insurer or a broker, so the policy itself still comes from a licensed carrier.

Last checked: August 18, 2026

Every rule, deadline, and figure on this page was verified on that date against the Utah Labor Commission Industrial Accidents Division, the Utah Insurance Department, and the Utah Workers' Compensation Act at Utah Code Title 34A Chapter 2. Workers compensation rules change: benefit maximums reset each July 1, and the Legislature amends the Act most sessions. Re-check anything here against the Labor Commission before you rely on it, and confirm your own policy status with your carrier rather than from a web page.

If you operate in more than one state, do not carry Utah's answer across the line. Utah employees working out of state for less than six months are generally still covered by the Utah policy, and the employer can extend that initial six month period by filing notice with the Industrial Accidents Division, but an employee permanently stationed elsewhere falls under that state's rules. Our state-by-state requirements guide is the place to start on the other jurisdictions.

Key Takeaways

Utah requires workers compensation from the first employee. There is no headcount threshold, and coverage attaches as soon as an employee begins work, including part-time and short-tenure staff.

Sole proprietors, partners, and LLC members are not automatically covered and can document their status with a coverage waiver from the Industrial Accidents Division for a $50 fee, valid one year.

A corporation may exclude up to five directors or officers, but a corporation that contracts out its work should apply for a waiver instead of filing the exclusion.

Coverage comes from any carrier authorized by the Utah Insurance Department, from the insurer of last resort described in the Labor Commission’s employer guide, or from self-insurance requiring roughly five years in business and $10,000,000 of net worth.

The employee should report immediately and may lose the claim after 180 days. The employer files the first report with its carrier within seven days and hands the worker a copy plus the Form 100 notice.

Serious injuries carry a separate eight hour reporting deadline to UOSH, covering fatalities, amputations, fractures, deep lacerations, severe burns, loss of consciousness, and concussions.

Going without coverage costs the greater of $1,000 or three times the premium avoided, plus injunction exposure, class B misdemeanor exposure, and the loss of exclusive remedy protection that keeps injury claims out of civil court.

Frequently Asked Questions

How many employees before Utah requires workers compensation?

One. Utah sets no headcount threshold, and the Labor Commission states that with a few exceptions every employer must cover all its employees under Utah Code § 34A-2-201. Coverage begins as soon as an employee starts work, including part-time and short-tenure staff.

Do owners and corporate officers count as employees in Utah?

Sole proprietors, partners, and LLC members are not automatically covered, and the business may elect coverage or take a waiver. Corporate officers and directors are covered by default, but a corporation may exclude up to five of them by notifying its carrier or filing the exclusion form with the Industrial Accidents Division.

Where does a Utah employer buy workers compensation insurance?

From any private carrier authorized by the Utah Insurance Department. Utah is not a monopolistic state. The Labor Commission also describes an insurer of last resort that must write coverage for any Utah employer, and self-insurance is available with advance authorization from the Industrial Accidents Division.

How fast does a Utah employer have to report an injury?

Within seven days of learning of it, using the Employer's First Report of Injury or Illness, filed with your carrier. The carrier then has 14 days to file electronically with the Industrial Accidents Division. First aid only injuries with no medical bill do not have to be reported, and serious injuries go to UOSH within eight hours.

What happens to a Utah employer with no workers compensation coverage?

The penalty is the greater of $1,000 or three times the premium avoided during the period of noncompliance, under Utah Code § 34A-2-211. Add injunction exposure, class B misdemeanor exposure under § 34A-2-207, and the loss of exclusive remedy protection that lets an injured worker sue in court.

Does Utah require a workers compensation handout for new hires?

No. Utah requires the Workers' Compensation Notice to be posted continuously in conspicuous places, with your carrier and policy number filled in. The handout duty is triggered by an injury: a copy of the first report plus the Injured Workers' Rights and Responsibilities notice.

Am I liable for an uninsured contractor's injured worker in Utah?

You can be. If you fail to verify a contractor's coverage and the contractor is uninsured, Utah treats you as the statutory employer of that contractor's employees and makes you liable for their benefits. The Labor Commission publishes free coverage verification and waiver status lookups, so run both before work starts.

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