Utah Code Title 34A. Utah Labor Code § 34A-2-423. Survival of claim in case of death

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) As used in this section:

(a) “Estate” is as defined in Section 75-1-201.

(b) “Personal representative” is as defined in Section 75-1-201.

(2) The personal representative of the estate of an employee may adjudicate an employee's claim for compensation under this chapter if in accordance with this chapter, the employee files a claim:

(a) before the employee dies; and

(b) for compensation for an industrial accident or occupational disease for which compensation is payable under this chapter or Chapter 3, Utah Occupational Disease Act.

(3) If the commission finds that the employee is entitled to compensation under this chapter for the claim described in Subsection (2)(a), the commission shall order that compensation be paid for the period:

(a) beginning on the day on which the employee is entitled to receive compensation under this chapter; and

(b) ending on the day on which the employee dies.

(4)(a) Compensation awarded under Subsection (3) shall be paid to:

(i) if the employee has one or more dependents on the day on which the employee dies, to the dependents of the employee; or

(ii) if the employee has no dependents on the day on which the employee dies, to the estate of the employee.

(b) The commission may apportion any compensation paid to dependents under this Subsection (4) in the manner that the commission considers just and equitable.

(5) If an employee that files a claim under this chapter dies from the industrial accident or occupational disease that is the basis of the employee's claim, the compensation awarded under this section shall be in addition to death benefits awarded in accordance with Section 34A-2-414.

Previous Part of Code Next Part of Code

Back to Chapter List

Cite this article: FindLaw.com - Utah Code Title 34A. Utah Labor Code § 34A-2-423. Survival of claim in case of death - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-34a-utah-labor-code/ut-code-sect-34a-2-423/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Did FindLaw Help You Understand This Legal Issue?

Make It a Preferred Google Search Source

Add to Google

Latest Blog Posts

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)