Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When an accident-related injury prevents you from working, Utah law provides several avenues to recover lost wages.
1. Workers’ Compensation Benefits
If you sustain an injury at your workplace, the Utah Workers’ Compensation Act (Title 34A, Chapter 2) requires most employers to carry workers’ comp insurance. You may file a claim for medical expenses and wage replacement. Typically, the benefit equals two-thirds of your average weekly wage, subject to minimum and maximum rates.
2. Third-Party Liability Claims
When a non-employer third party causes your injury through negligence, you can bring a personal injury lawsuit. Utah Code §78B-8-302 (Permissible evidence of economic damages) allows recovery of past and future economic losses, including lost earnings. Note the two-year statute of limitations under Utah Code §78B-2-307 (Time for filing claim).
3. Auto Insurance Personal Injury Protection (PIP)
If an auto accident injures you, your Personal Injury Protection (PIP) coverage may reimburse medical bills and up to 70% of lost wages, capped at a statutory limit. See Utah Code §31A-22-303 (PIP coverage requirements).
4. Uninsured/Underinsured Motorist (UM/UIM) Coverage
If the at-fault driver lacks sufficient liability insurance, your own UM/UIM coverage can cover wage loss. Review Utah Code §31A-22-305 (UM/UIM coverage).
5. Social Security Disability Benefits
For long-term or permanent disability, you may apply for Social Security Disability Insurance (SSDI). The Social Security Administration evaluates medical evidence and work history to determine eligibility. Supplemental Security Income (SSI) may also apply if your income and assets are limited.
Helpful Hints
- Document lost time: Keep a detailed log of work hours missed and pay stubs.
- Notify insurers promptly: Delays can jeopardize your benefit recovery.
- Preserve medical records: Ensure all treatment notes, bills, and prescriptions are filed.
- Gather accident evidence: Photos, police reports, and witness statements strengthen claims.
- Consider legal consultation: An attorney can help navigate filing requirements and maximize recovery.