34A-2-114. Unlawful interference -- Penalties.
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Effective 5/8/2018
34A-2-114. Unlawful interference -- Penalties.
(1)An employer may not knowingly or intentionally:
(a)impede or diminish an employee's efforts to make a claim or receive workers' compensation benefits under this chapter or Chapter 3, Utah Occupational Disease Act ; or
(b)intimidate, coerce, or harass an employee with the intent of preventing the employee from making a claim or receiving workers' compensation benefits under this chapter or Chapter 3, Utah Occupational Disease Act .
(2)An employer may not suspend, discharge, discipline, threaten to discharge or discipline, or otherwise retaliate against an employee solely because the employee:
(a)claims or attempts to claim workers' compensation benefits under this chapter or Chapter 3, Utah Occupational Disease Act ;
(b)reports an employer's noncompliance with a provision of this chapter or Chapter 3, Utah Occupational Disease Act ; or
(c)testifies or intends to testify in a workers' compensation proceeding.
(3)In accordance with Title 63G, Chapter 4, Administrative Procedures Act , the division may impose a fine of up to $5,000 against an employer for each violation of Subsection
(1)or
(2).
(4)The division shall deposit any money collected under this section into the Uninsured Employers' Fund created in Section 34A-2-704 .
(5)This section does not affect the rights or obligations of an employee or employer under common law.
Enacted by Chapter 225 , 2018 General Session