31A-40-209. Workers' compensation.

320 words·~1 min read·/ut/title-31a/chapter-40/31a-40-209

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 12/31/2017

(1)In accordance with Section 34A-2-103 , a client is responsible for securing workers' compensation coverage for a covered employee.

(2)Subject to the requirements of Section 34A-2-103 , if a professional employer organization obtains or assists a client in obtaining workers' compensation insurance pursuant to a professional employer agreement:

(a)the professional employer organization shall ensure that the client maintains and provides workers' compensation coverage for a covered employee in accordance with Subsection 34A-2-201(1) and rules of the Labor Commission, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act ;

(b)the workers' compensation coverage may show the professional employer organization as the named insured through a master policy, if:

(i)the client is shown as an insured by means of an endorsement for each individual client;

(ii)the experience modification of a client is used; and

(iii)the insurer files the endorsement with the Division of Industrial Accidents as directed by a rule of the Labor Commission, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act ;

(c)at the termination of the professional employer agreement, if requested by the client, the insurer shall provide the client records regarding the loss experience related to workers' compensation insurance provided to a covered employee pursuant to the professional employer agreement; and

(d)the insurer shall notify a client if the workers' compensation coverage for the client is terminated.

(3)In accordance with Section 34A-2-105 , the exclusive remedy provisions of Section 34A-2-105 apply to both the client and the professional employer organization under a professional employer agreement regulated under this chapter.

(4)Notwithstanding the other provisions in this section, an insurer may choose whether to issue:

(a)a policy for a client; or

(b)a master policy with the client shown as an additional insured by means of an individual endorsement.

Amended by Chapter 363 , 2017 General Session