Utah Code
Utah Code § 34A-2-106 (2026)
Injuries or death caused by wrongful acts of persons other than employer, officer, agent, or employee of employer -- Rights of employer or insurance carrier in cause of action -- Maintenance of action -- Notice of intention to proceed against third party -- Right to maintain action not involving employee-employer relationship -- Disbursement of proceeds of recovery -- Exclusive remedy
✓ current as of May 2026
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When any injury or death for which compensation is payable under this chapter or Chapter 3, Utah Occupational Disease Act is caused by the wrongful act or neglect of a person other than an employer, officer, agent, or employee of the employer:
the injured employee, or in case of death, the employee's dependents, may claim compensation; and
the injured employee or the employee's heirs or personal representative may have an action for damages against the third person.
If compensation is claimed and the employer or insurance carrier becomes obligated to pay compensation, the employer or insurance carrier:
shall become trustee of the cause of action against the third party; and
may bring and maintain the action either in the employer or insurance carrier's own name or in the name of the injured employee, or the employee's heirs or the personal representative of the deceased.
Before proceeding against a third party, to give a person described in Subsections (3)(a)(i) and (ii) a reasonable opportunity to enter an appearance in the proceeding, the injured employee or, in case of death, the employee's heirs, shall give written notice of the intention to bring an action against the third party to:
the carrier; and
any other person obligated for the compensation payments.
The injured employee, or, in case of death, the employee's heirs, shall give written notice to the carrier and other person obligated for the compensation payments of any known attempt to attribute fault to the employer, officer, agent, or employee of the employer:
by way of settlement; or
in a proceeding brought by the injured employee, or, in case of death, the employee's heirs.
For the purposes of this section and subject to Section 34A-2-103, the injured employee or the employee's heirs or personal representative may also maintain an action for damages against any of the following persons who do not occupy an employee-employer relationship with the injured or deceased employee at the time of the employee's injury or death and who are not considered eligible employers under Section 34A-2-103:
a subcontractor;
a general contractor;
an independent contractor;
a property owner; or
a lessee or assignee of a property owner.
If any recovery is obtained against a third person, it shall be disbursed in accordance with Subsections (5)(a) through (c).
The reasonable expense of the action, including attorney fees, shall be paid and charged proportionately against the parties as their interests may appear.
Any fee chargeable to the employer or carrier is to be a credit upon any fee payable by the injured employee or, in the case of death, by the dependents, for any recovery had against the third party.
The person liable for compensation payments shall be reimbursed, less the proportionate share of costs and attorney fees provided for in Subsection (5)(a), for the payments made as follows:
without reduction based on fault attributed to the employer, officer, agent, or employee of the employer in the action against the third party if the combined percentage of fault attributed to persons immune from suit is determined to be less than 40% prior to any reallocation of fault under Subsection 78B-5-819(2); or
less the amount of payments made multiplied by the percentage of fault attributed to the employer, officer, agent, or employee of the employer in the action against the third party if the combined percentage of fault attributed to persons immune from suit is determined to be 40% or more prior to any reallocation of fault under Subsection 78B-5-819(2).
The balance shall be paid to the injured employee, or the employee's heirs in case of death, to be applied to reduce or satisfy in full any obligation thereafter accruing against the person liable for compensation.
The apportionment of fault to the employer in a civil action against a third party is not an action at law and does not impose any liability on the employer.
The apportionment of fault does not alter or diminish the exclusiveness of the remedy provided to an employee, the employee's heirs, or the employee's personal representatives, or the immunity provided an employer pursuant to Section 34A-2-105 or 34A-3-102 for injuries sustained by an employee, whether resulting in death or not.
Any court in which a civil action is pending shall issue a partial summary judgment to an employer with respect to the employer's immunity as provided in Section 34A-2-105 or 34A-3-102, even though the conduct of the employer may be considered in allocating fault to the employer in a third-party action in the manner provided in Sections 78B-5-817 through 78B-5-823.
Notes of Decisions
Cited in 19
cases (4 in the last 5 years), 1998–2026 · leading case: Anderson v. United Parcel Serv., 2004 UT 57 (Utah 2004).
Anderson v. United Parcel Serv., 2004 UT 57 (Utah 2004). “Under these circumstances, section 34A-2-106 of the Workers’ Compensation Act provides that any recovery obtained in an action against the third person must go first to reimburse the employer, or insurance carrier, for any workers’ compensation benefits paid, less the costs of…”
Esquivel v. Labor Com'n of Utah, 2000 UT 66 (Utah 2000). “STATUTORY CONSTRUCTION 120 On appeal, the parties present two opposing interpretations of Utah Code Ann. § 34A-2-106. The Esquivels argue that the apportionment of attorney fees and costs should be applied to the recovery first.”
Gudmundson v. Del Ozone, 2010 UT 33 (Utah 2010). “See Utah Code Ann. § 34A-2-106. We therefore decline to adopt a rule that would categorically give preclusive effect to workers’ compensation adjudications in civil actions brought by an injured worker against no-nemployer third parties.”
Beacham v. Fritzi Realty Corp., 131 P.3d 271 (Utah Ct. App. 2006). “While Utah Code section 34A-2-106 allows for both an insurance carrier and an injured employee to bring their own claims against a third-party tortfeasor, it does not grant an unconditional right to the insurance carrier to intervene in the injured employee’s suit.”
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.”
Hinton v. Midwest Fam. Mut. Ins., 2025 UT 4 (Utah 2025). “” ¶10 At that time, Utah’s underinsured motorist statute instructed that underinsured motorist coverage (i) does not cover any benefit paid or payable under Title 34A, Chapter 2, Workers’ Compensation Act, except that the covered person is credited an amount described in…”
Esquivel v. Labor Comm'n, 973 P.2d 440 (Utah Ct. App. 1999). “Redd Roofing and CNA claim the dependents did not notify them of the Gravely action, nor of Gravely’s attempt to attribute fault to Redd Roofing, in violation Utah Code Ann. § 34A-2-106(3) (1997) (requiring that “before proceeding against a third party .”
Gressman v. State, 2013 UT 63 (Utah 2013). “5 Compare UTAH CODE § 34A-2-106(1)(a) (“[T]he injured employee, or in case of death, the employee’s dependents, may claim compensation[.”
Thompson v. Jess, 1999 UT 22 (Utah 1999). “See Utah Code Ann. § 34A-2-106(5) (1997). Thus, if Thompson recovered from Jess for any negligence of Jensen in raising the pipe, he would be required to reimburse AmeriKan Sanitation's insurer for benefits received.”
Wilson v. Educators Mut. Ins. Ass'n, 2016 UT App 38 (Utah Ct. App. 2016). “Conversely, the legislature has expressly granted insurers seeking reimbursement for the payment of workers' compensation benefits the authority to bring such actions in their own names: If compensation is claimed and the employer or insurance carrier becomes obligated to pay…”
Granite Sch. Dist. v. Young, 2023 UT 21 (Utah 2023). “” UTAH CODE § 34A-2-106(5)(b). This is the section of the Act under which Granite sought reimbursement from the recovery Young received from her medical creditors.”
Stamper v. Johnson, 2010 UT 26 (Utah 2010). “§ 34A-2-106(l). The removal of those in the “same employment” with the injured worker from the categories of individuals who cannot be sued under the exclusive remedy provision indicates that the legislature intended to abolish the fellow-servant doctrine’s applicability under…”
— Utah Code § 34A-2-106(1) — 4 cases
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.”
Anderson v. United Parcel Serv., 2004 UT 57 (Utah 2004). “Under these circumstances, section 34A-2-106 of the Workers’ Compensation Act provides that any recovery obtained in an action against the third person must go first to reimburse the employer, or insurance carrier, for any workers’ compensation benefits paid, less the costs of…”
Washington Cnty. Sch. Dist. v. Labor Comm'n, 2013 UT App 205 (Utah Ct. App. 2013).
Auto Owners Ins. v. Labor Comm'n, 2026 UT 3 (Utah 2026).
— Utah Code § 34A-2-106(1)(a) — 2 cases
Gressman v. State, 2013 UT 63 (Utah 2013). “5 Compare UTAH CODE § 34A-2-106(1)(a) (“[T]he injured employee, or in case of death, the employee’s dependents, may claim compensation[.”
Gressman v. State, 2013 UT 63 (Utah 2013).
— Utah Code § 34A-2-106(2) — 2 cases
Beacham v. Fritzi Realty Corp., 131 P.3d 271 (Utah Ct. App. 2006). “While Utah Code section 34A-2-106 allows for both an insurance carrier and an injured employee to bring their own claims against a third-party tortfeasor, it does not grant an unconditional right to the insurance carrier to intervene in the injured employee’s suit.”
Anderson v. United Parcel Serv., 2004 UT 57 (Utah 2004). “Under these circumstances, section 34A-2-106 of the Workers’ Compensation Act provides that any recovery obtained in an action against the third person must go first to reimburse the employer, or insurance carrier, for any workers’ compensation benefits paid, less the costs of…”
— Utah Code § 34A-2-106(2)(a) — 1 case
Wilson v. Educators Mut. Ins. Ass'n, 2016 UT App 38 (Utah Ct. App. 2016). “Conversely, the legislature has expressly granted insurers seeking reimbursement for the payment of workers' compensation benefits the authority to bring such actions in their own names: If compensation is claimed and the employer or insurance carrier becomes obligated to pay…”
— Utah Code § 34A-2-106(3) — 1 case
Esquivel v. Labor Comm'n, 973 P.2d 440 (Utah Ct. App. 1999). “Redd Roofing and CNA claim the dependents did not notify them of the Gravely action, nor of Gravely’s attempt to attribute fault to Redd Roofing, in violation Utah Code Ann. § 34A-2-106(3) (1997) (requiring that “before proceeding against a third party .”
— Utah Code § 34A-2-106(4) — 2 cases
Nichols v. Jacobsen Constr. Co., 2014 UT App 201 (Utah Ct. App. 2014).
Thompson v. Mobil Expl. (10th Cir. 1998).
— Utah Code § 34A-2-106(5) — 9 cases
Anderson v. United Parcel Serv., 2004 UT 57 (Utah 2004). “Under these circumstances, section 34A-2-106 of the Workers’ Compensation Act provides that any recovery obtained in an action against the third person must go first to reimburse the employer, or insurance carrier, for any workers’ compensation benefits paid, less the costs of…”
Esquivel v. Labor Com'n of Utah, 2000 UT 66 (Utah 2000). “STATUTORY CONSTRUCTION 120 On appeal, the parties present two opposing interpretations of Utah Code Ann. § 34A-2-106. The Esquivels argue that the apportionment of attorney fees and costs should be applied to the recovery first.”
Hinton v. Midwest Fam. Mut. Ins., 2025 UT 4 (Utah 2025). “” ¶10 At that time, Utah’s underinsured motorist statute instructed that underinsured motorist coverage (i) does not cover any benefit paid or payable under Title 34A, Chapter 2, Workers’ Compensation Act, except that the covered person is credited an amount described in…”
Beacham v. Fritzi Realty Corp., 131 P.3d 271 (Utah Ct. App. 2006). “While Utah Code section 34A-2-106 allows for both an insurance carrier and an injured employee to bring their own claims against a third-party tortfeasor, it does not grant an unconditional right to the insurance carrier to intervene in the injured employee’s suit.”
Esquivel v. Labor Comm'n, 973 P.2d 440 (Utah Ct. App. 1999). “Redd Roofing and CNA claim the dependents did not notify them of the Gravely action, nor of Gravely’s attempt to attribute fault to Redd Roofing, in violation Utah Code Ann. § 34A-2-106(3) (1997) (requiring that “before proceeding against a third party .”
— Utah Code § 34A-2-106(5)(a) — 3 cases
Esquivel v. Labor Com'n of Utah, 2000 UT 66 (Utah 2000). “STATUTORY CONSTRUCTION 120 On appeal, the parties present two opposing interpretations of Utah Code Ann. § 34A-2-106. The Esquivels argue that the apportionment of attorney fees and costs should be applied to the recovery first.”
Anderson v. United Parcel Serv., 2004 UT 57 (Utah 2004). “Under these circumstances, section 34A-2-106 of the Workers’ Compensation Act provides that any recovery obtained in an action against the third person must go first to reimburse the employer, or insurance carrier, for any workers’ compensation benefits paid, less the costs of…”
Esquivel v. Labor Comm'n, 973 P.2d 440 (Utah Ct. App. 1999). “Redd Roofing and CNA claim the dependents did not notify them of the Gravely action, nor of Gravely’s attempt to attribute fault to Redd Roofing, in violation Utah Code Ann. § 34A-2-106(3) (1997) (requiring that “before proceeding against a third party .”
— Utah Code § 34A-2-106(5)(a)(i) — 1 case
Auto Owners Ins. v. Labor Comm'n, 2026 UT 3 (Utah 2026).
— Utah Code § 34A-2-106(5)(a)(ii) — 1 case
Auto Owners Ins. v. Labor Comm'n, 2026 UT 3 (Utah 2026).
— Utah Code § 34A-2-106(5)(b) — 4 cases
Anderson v. United Parcel Serv., 2004 UT 57 (Utah 2004). “Under these circumstances, section 34A-2-106 of the Workers’ Compensation Act provides that any recovery obtained in an action against the third person must go first to reimburse the employer, or insurance carrier, for any workers’ compensation benefits paid, less the costs of…”
Granite Sch. Dist. v. Young, 2023 UT 21 (Utah 2023). “” UTAH CODE § 34A-2-106(5)(b). This is the section of the Act under which Granite sought reimbursement from the recovery Young received from her medical creditors.”
Esquivel v. Labor Comm'n, 973 P.2d 440 (Utah Ct. App. 1999). “Redd Roofing and CNA claim the dependents did not notify them of the Gravely action, nor of Gravely’s attempt to attribute fault to Redd Roofing, in violation Utah Code Ann. § 34A-2-106(3) (1997) (requiring that “before proceeding against a third party .”
Auto Owners Ins. v. Labor Comm'n, 2026 UT 3 (Utah 2026).
— Utah Code § 34A-2-106(5)(c) — 2 cases
Anderson v. United Parcel Serv., 2004 UT 57 (Utah 2004). “Under these circumstances, section 34A-2-106 of the Workers’ Compensation Act provides that any recovery obtained in an action against the third person must go first to reimburse the employer, or insurance carrier, for any workers’ compensation benefits paid, less the costs of…”
Auto Owners Ins. v. Labor Comm'n, 2026 UT 3 (Utah 2026).
— Utah Code § 34A-2-106(l) — 5 cases
Gudmundson v. Del Ozone, 2010 UT 33 (Utah 2010). “See Utah Code Ann. § 34A-2-106. We therefore decline to adopt a rule that would categorically give preclusive effect to workers’ compensation adjudications in civil actions brought by an injured worker against no-nemployer third parties.”
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.”
Anderson v. United Parcel Serv., 2004 UT 57 (Utah 2004). “Under these circumstances, section 34A-2-106 of the Workers’ Compensation Act provides that any recovery obtained in an action against the third person must go first to reimburse the employer, or insurance carrier, for any workers’ compensation benefits paid, less the costs of…”
Beacham v. Fritzi Realty Corp., 131 P.3d 271 (Utah Ct. App. 2006). “While Utah Code section 34A-2-106 allows for both an insurance carrier and an injured employee to bring their own claims against a third-party tortfeasor, it does not grant an unconditional right to the insurance carrier to intervene in the injured employee’s suit.”
Stamper v. Johnson, 2010 UT 26 (Utah 2010). “§ 34A-2-106(l). The removal of those in the “same employment” with the injured worker from the categories of individuals who cannot be sued under the exclusive remedy provision indicates that the legislature intended to abolish the fellow-servant doctrine’s applicability under…”
— Utah Code § 34A-2-106(l)(a) — 1 case
Anderson v. United Parcel Serv., 2004 UT 57 (Utah 2004). “Under these circumstances, section 34A-2-106 of the Workers’ Compensation Act provides that any recovery obtained in an action against the third person must go first to reimburse the employer, or insurance carrier, for any workers’ compensation benefits paid, less the costs of…”
— Utah Code § 34A-2-106(l)(b) — 1 case
Anderson v. United Parcel Serv., 2004 UT 57 (Utah 2004). “Under these circumstances, section 34A-2-106 of the Workers’ Compensation Act provides that any recovery obtained in an action against the third person must go first to reimburse the employer, or insurance carrier, for any workers’ compensation benefits paid, less the costs of…”
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