Utah Code
Utah Code § 34A-2-105 (2026)
Exclusive remedy against employer, and officer, agent, or employee of employer
✓ current as of May 2026
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The right to recover compensation pursuant to this chapter for injuries sustained by an employee, whether resulting in death or not, is the exclusive remedy against the employer and is the exclusive remedy against any officer, agent, or employee of the employer and the liabilities of the employer imposed by this chapter is in place of any and all other civil liability whatsoever, at common law or otherwise, to the employee or to the employee's spouse, widow, children, parents, dependents, next of kin, heirs, personal representatives, guardian, or any other person whomsoever, on account of any accident or injury or death, in any way contracted, sustained, aggravated, or incurred by the employee in the course of or because of or arising out of the employee's employment, and an action at law may not be maintained against an employer or against any officer, agent, or employee of the employer based upon any accident, injury, or death of an employee. Nothing in this section prevents an employee, or the employee's dependents, from filing a claim for compensation in those cases in accordance with Chapter 3, Utah Occupational Disease Act.
The exclusive remedy provisions of this section apply to both the client and the professional employer organization in a coemployment relationship regulated under Title 31A, Chapter 40, Professional Employer Organization Licensing Act.
For purposes of this section:
"Temporary employee" means an individual who for temporary work assignment is:
an employee of a temporary staffing company; or
registered by or otherwise associated with a temporary staffing company.
"Temporary staffing company" means a company that engages in the assignment of individuals as temporary full-time or part-time employees to fill assignments with a finite ending date to another independent entity.
If the temporary staffing company secures the payment of workers' compensation in accordance with Section 34A-2-201 for all temporary employees of the temporary staffing company, the exclusive remedy provisions of this section apply to both the temporary staffing company and the client company and its employees and provide the temporary staffing company the same protection that a client company and its employees has under this section for the acts of any of the temporary staffing company's temporary employees on assignment at the client company worksite.
Notes of Decisions
Cited in 47
cases (13 in the last 5 years), 1998–2026 · leading case: Helf v. Chevron U.S.A., Inc., 2009 UT 11 (Utah 2009).
Helf v. Chevron U.S.A., Inc., 2009 UT 11 (Utah 2009). “If an employee injured on the job elects to pursue the benefits of the Act, that decision brings with it the burdens of the Act too, namely the exclusive remedy provisions applicable to the employer. As a result, although I agree the district court got the law wrong, I believe…”
Helf v. Chevron U.S.A. Inc., 2015 UT 81 (Utah 2015). “Utax Copn® § 34A-2-105(1). A worker, however, may sue an employer for injuries caused by an intentional tort.”
Gudmundson v. Del Ozone, 2010 UT 33 (Utah 2010). “See Utah Code Ann. § 34A-2-106(l) (Supp.2009) (“When any injury .”
Cook v. Zions First Nat'l Bank, 2002 UT 105 (Utah 2002). “In an attempt to circumvent this language, plaintiffs argue on appeal that Zions did not aggravate Cook’s cancer within the meaning of the UWCA because Cook’s cancer progressed naturally. In other words, they claim that Zions’ denial of an opportunity for treatment of Cook’s…”
Touchard v. La-Z-Boy Inc., 2006 UT 71 (Utah 2006). “” Utah Code Ann. § 34A-2-105. However, “[i]t is well settled that the Act covers only mental and physical injuries sustained on the job.”
Utah Home Fire Ins. Co. v. Manning, 1999 UT 77 (Utah 1999). “[2] This section is now found at Utah Code Ann. § 34A-2-105 (1997). [3] This provision is now found at Utah Code Ann.”
Petersen v. Utah Labor Comm'n, 2017 UT 87 (Utah 2017). “35 UTAH CODE § 34A-2-105. 13 PETERSEN v. LABOR COMM’N Opinion of the Court challenge to the adequacy of section 35-1-65 as a substitute remedy for workplace injuries.”
Flowell Elec. Ass'n v. Rhodes Pump, LLC, 2015 UT 87 (Utah 2015). “Urax CopE § 34A-2-105(1). Because we conclude that the WCA does not apply here, we disagree.”
Nichols v. Jacobsen Constr. Co., 2016 UT 19 (Utah 2016). “" This exclusive remedy provision has been extendéd to general contractors who qualify as "eligible employers" and meet certain requirements of the- statute.”
Injured Workers Ass'n v. State, 2016 UT 21 (Utah 2016). “See Utah Code § 34A-2-105(1); Shattuck, Owen v.”
Stamper v. Johnson, 2010 UT 26 (Utah 2010). “The Stampers subsequently filed this suit against Johnson, alleging that her negligent driving caused Stamper’s death.”
Christiansen v. Harrison W., 2021 UT 65 (Utah 2021). “12 UTAH CODE § 34A-2-105(1). 6 Cite as: 2021 UT 65 Opinion of the Court without the burden of showing the employer‘s fault.”
— Utah Code § 34A-2-105(1) — 31 cases
Helf v. Chevron U.S.A., Inc., 2009 UT 11 (Utah 2009). “If an employee injured on the job elects to pursue the benefits of the Act, that decision brings with it the burdens of the Act too, namely the exclusive remedy provisions applicable to the employer. As a result, although I agree the district court got the law wrong, I believe…”
Helf v. Chevron U.S.A. Inc., 2015 UT 81 (Utah 2015). “Utax Copn® § 34A-2-105(1). A worker, however, may sue an employer for injuries caused by an intentional tort.”
Flowell Elec. Ass'n v. Rhodes Pump, LLC, 2015 UT 87 (Utah 2015). “Urax CopE § 34A-2-105(1). Because we conclude that the WCA does not apply here, we disagree.”
Nichols v. Jacobsen Constr. Co., 2016 UT 19 (Utah 2016). “" This exclusive remedy provision has been extendéd to general contractors who qualify as "eligible employers" and meet certain requirements of the- statute.”
Injured Workers Ass'n v. State, 2016 UT 21 (Utah 2016). “See Utah Code § 34A-2-105(1); Shattuck, Owen v.”
— Utah Code § 34A-2-105(a) — 1 case
Overstreet v. United Parcel Serv. (D. Utah 2025).
— Utah Code § 34A-2-105(l) — 6 cases
Gudmundson v. Del Ozone, 2010 UT 33 (Utah 2010). “See Utah Code Ann. § 34A-2-106(l) (Supp.2009) (“When any injury .”
Touchard v. La-Z-Boy Inc., 2006 UT 71 (Utah 2006). “” Utah Code Ann. § 34A-2-105. However, “[i]t is well settled that the Act covers only mental and physical injuries sustained on the job.”
Cook v. Zions First Nat'l Bank, 2002 UT 105 (Utah 2002). “In an attempt to circumvent this language, plaintiffs argue on appeal that Zions did not aggravate Cook’s cancer within the meaning of the UWCA because Cook’s cancer progressed naturally. In other words, they claim that Zions’ denial of an opportunity for treatment of Cook’s…”
Giddings v. Utah Transit Auth., 107 F. Supp. 3d 1205 (D. Utah 2015).
Stamper v. Johnson, 2010 UT 26 (Utah 2010). “The Stampers subsequently filed this suit against Johnson, alleging that her negligent driving caused Stamper’s death.”
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