75E-5-309. When a compensation award may be granted -- Limitations.

791 words·~4 min read·/ut/title-75e/chapter-5/75e-5-309

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

Effective 7/1/2026

(1)The office may grant a compensation award if:

(a)the compensation specialist finds the compensation claim satisfies the requirements for the compensation award under the provisions of this chapter and the rules of the office;

(b)money is available in the fund;

(c)the individual for whom the compensation award is to be paid is otherwise eligible under this chapter; and

(d)the compensation claim is for an allowable expense incurred by the victim, as follows:

(i)reasonable and necessary charges incurred for products, services, and accommodations;

(ii)inpatient and outpatient medical treatment and physical therapy, subject to rules made by the office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(iii)mental health counseling that:

(A)is set forth in a mental health treatment plan that is approved before any payment is made by a compensation specialist; and

(B)qualifies within any further rules made by the office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(iv)actual loss of past earnings and anticipated loss of future earnings because of a death or disability resulting from the personal injury at a rate not to exceed 66-2/3% of the individual's weekly gross salary or wages or the maximum amount allowed under the state workers' compensation statute;

(v)care of minor children enabling a victim or spouse of a victim, but not both, to continue gainful employment at a rate per child per week as determined under rules established by the office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(vi)funeral and burial expenses for death caused by the criminally injurious conduct, subject to rules made by the office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(vii)loss of support to a dependent not otherwise compensated for a pecuniary loss for personal injury, for as long as the dependence would have existed had the victim survived, at a rate not to exceed 66-2/3% of the individual's weekly salary or wages or the maximum amount allowed under the state workers' compensation statute, whichever is less;

(viii)personal property necessary and essential to the health or safety of the victim as defined by rules made by the office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(ix)medical examinations, subject to rules made by the office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which may allow for exemptions from Section 75E-5-305 and Subsections

(2), 75E-5-304(1)(b) , 75E-5-304(1)(c) , 75E-5-311(4) , 75E-5-311(6) , 75E-5-311(7) , and 75E-5-311(8) ; and

(x)for a victim of sexual assault who becomes pregnant from the sexual assault, health care:

(A)for the victim during the duration of the victim's pregnancy if the health care is related to or resulting from the sexual assault or the pregnancy; and

(B)for the victim and the victim's child for one year after the day on which the victim's child is born.

(a)The office may reduce or deny a compensation award otherwise payable to a claimant if:

(i)the economic loss upon which the claim is based has been or could be recouped from other persons, including collateral sources;

(ii)the compensation specialist considers the compensation claim unreasonable because of the misconduct of the claimant; or

(iii)the victim did not use a facility or health care provider that would be covered by a collateral source.

(b)When two or more dependents are entitled to a compensation award as a result of a victim's death, the compensation specialist shall apportion the compensation award among the dependents.

(a)If a compensation specialist determines that a claimant will suffer financial hardship unless an emergency compensation award is made, and a final compensation award appears likely, the office may pay an amount to the claimant, to be deducted from the final compensation award or repaid by and recoverable from the claimant to the extent that the payment exceeds the final compensation award.

(b)The office may limit emergency compensation awards under Subsection (3)(a) to any amount the office considers necessary.

(a)Except as provided in Subsection (4)(b) , a compensation award may not exceed $25,000 including any compensation award for a secondary victim.

(b)A compensation award for medical expenses resulting from serious bodily injury or substantial bodily injury may not exceed $50,000.

(5)Unless otherwise requested by the claimant, the office shall pay a compensation award for the victim before a compensation award for a secondary victim.

(6)The compensation specialist shall determine the priority of payment among multiple secondary victims on a single compensation claim.

Renumbered and Amended by Chapter 291 , 2026 General Session