Detailed Answer
If you miss work at more than one job after an injury in Utah, you can seek compensation for those lost wages through workers’ compensation (if injured at work) or through a personal injury claim (if a third party caused the injury). Follow these steps to protect your rights and maximize recovery.
1. Identify the Correct Claim Type
Workers’ Compensation Claim: If your injury occurred while performing job duties for Employer A, you file a workers’ compensation claim with that employer’s insurer. Under Utah Code §34A-2-408, temporary disability benefits pay two-thirds of your average weekly wage, up to the state maximum. These benefits cover only wages lost at the job where you were injured. See Utah Code §34A-2-408.
Personal Injury Claim: If someone other than your employer caused your injury—say a negligent driver—you may sue that party for full lost earnings from all jobs. Utah law allows you to recover past lost wages and future earning capacity. Under Utah Code §78B-2-305, you generally have four years from the injury date to file a lawsuit. See Utah Code §78B-2-305.
2. Report and Document Promptly
For a workers’ comp claim, notify your employer in writing within 180 days of the injury. Utah Code §34A-2-201 requires timely notice to preserve benefits. See Utah Code §34A-2-201.
Whether for workers’ comp or a personal injury suit, gather detailed documentation for each job:
- Pay stubs, W-2s, 1099s and tax returns showing earnings.
- A statement from each employer verifying your hours and pay rate.
- Medical records detailing your injury, treatment and work restrictions.
3. File the Claim or Lawsuit
Workers’ Compensation: Complete and submit the state form DWS-1 (First Report of Injury) to your employer’s insurer. Include all medical documentation and wage records for the job where you were hurt.
Personal Injury: Send a demand letter to the negligent party’s insurer outlining your injuries and loss of income from all jobs. If negotiations stall, file a personal injury lawsuit in district court before the statute of limitations expires.
4. Negotiate or Litigate
Insurers may dispute the extent of lost wages or your disability. Be prepared to:
- Provide supplemental wage records.
- Seek a vocational expert evaluation for future wage loss.
- Attend hearings or mediation if your workers’ comp claim is denied.
Disclaimer: This article is for educational purposes only. It does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Track medical appointments and keep copies of all bills.
- Keep a daily journal of how your injury limits work activities.
- Notify each employer in writing about your absence and medical restrictions.
- Verify the state maximum weekly benefit for workers’ compensation each year.
- Consult an attorney early if you face multiple insurers or claim denials.