Utah Code » Title 34A, Chapter 2 — Workers' Compensation Act; part 34A-2-1 — General Provisions
Utah Code

Utah Code § 34A-2-108 (2026)

Void agreements between employers and employees

✓ current as of May 2026
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Except as provided in Section 34A-2-420, an agreement by an employee to waive the employee's rights to compensation under this chapter or Chapter 3, Utah Occupational Disease Act, is not valid.
An agreement by an employee to pay any portion of the premium paid by the employee's employer is not valid.
Any employer who deducts any portion of the premium from the wages or salary of any employee entitled to the benefits of this chapter or Chapter 3, Utah Occupational Disease Act:
is guilty of a class B misdemeanor; and
shall be fined not more than $100 for each such offense.
Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 2000–2025 · leading case: Nichols v. Jacobsen Constr. Co., 2016 UT 19 (Utah 2016).
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Nichols v. Jacobsen Constr. Co., 2016 UT 19 (Utah 2016). · cites it 6× “der subsection (B), is the only one that Jacobsen relies upon in this case, and requires simply "securing" the payment of benefits, The third alternative, under subsection (C), also lists as one of its requirements that the contractor is Hable for "payment of workers'…”
Touchard v. La-Z-Boy Inc., 2006 UT 71 (Utah 2006). · cites it 6× “We note that section 34A-2-108 does provide for the settlement of workers’ compensation claims in accordance with Utah Code section 34A-2-420.”
Pinnacle Homes, Inc. v. Labor Comm'n, 2007 UT App 368 (Utah Ct. App. 2007). · cites it 11× “ISSUES AND STANDARDS OF REVIEW T6 The issue before us is whether the Appeals Board correctly determined that Pinnacle was Mr.”
Workers' Comp. Fund v. Wadman Corp., 2009 UT 18 (Utah 2009). · cites it 8× “§ 31 Utah Code section 34A-2-108(2) defines the circumstances under which an employer/employee relationship is created as a matter of law.”
SHATTUCK OWEN v. Snowbird Corp., 2000 UT 94 (Utah 2000). · cites it 2× “Indeed, while the Act expressly prohibits contracts that would limit an employee's right to workers' compensation, see Utah Code Ann. § 34A-2-108 (1997), nothing prohibits an employer from agreeing to provide benefits in addition to those provided in the Act.”
Peterson Hunting v. Labor Comm'n, 2012 UT App 14 (Utah Ct. App. 2012). · cites it 5× “§ 34A-2-108(5) (providing an exemption from the Workers' Compensation Act for agricultural employers).”
Granite Sch. Dist. v. Young, 2023 UT 21 (Utah 2023). “UTAH CODE §§ 34A-2-108, -110(6), -207(1)(a), -210. The Act plainly grants district courts authority to decide some matters.”
Workers Comp. Fund v. Utah Bus. Ins. Co., 2013 UT 4 (Utah 2013). “Urax CopE § 34A-2-108(1)-(@2). The Utah Labor Commission's Division of Industrial Accidents (Division) administers the state's workers compensation program, and maintains a database of workers compensation coverage status, which insurers must update within thirty days of…”
Howick v. Salt Lake City Corp., 2013 UT App 218 (Utah Ct. App. 2013). “§ 34A-2-108(1) (LexisNexis 2011) ("[(Aln agreement by an employee to waive the employee's rights under [the Worker's Compensation Act] is not valid.”
Nichols v. Jacobsen Constr. Co., 2014 UT App 201 (Utah Ct. App. 2014). · cites it 4× “See Utah Code Ann. § 34A-2-108(7)(a)G). 110 As a statutory employer, however, Jacobsen is only eligible for the exclusive-remedy protection if it meets the requirements of section Among other things, it must have secured the payment of Nichols's benefits.”
Waxies Enter. v. Labor Comm'n, 2025 UT App 7 (Utah Ct. App. 2025). · cites it 2× “That said, under Utah Code section 34A-2-108(1), without that approval, the agreement by Halladay to waive his “rights to compensation” would “not [be] valid.”
— Utah Code § 34A-2-108(1) — 3 cases
Workers Comp. Fund v. Utah Bus. Ins. Co., 2013 UT 4 (Utah 2013). “Urax CopE § 34A-2-108(1)-(@2). The Utah Labor Commission's Division of Industrial Accidents (Division) administers the state's workers compensation program, and maintains a database of workers compensation coverage status, which insurers must update within thirty days of…”
Howick v. Salt Lake City Corp., 2013 UT App 218 (Utah Ct. App. 2013). “§ 34A-2-108(1) (LexisNexis 2011) ("[(Aln agreement by an employee to waive the employee's rights under [the Worker's Compensation Act] is not valid.”
Waxies Enter. v. Labor Comm'n, 2025 UT App 7 (Utah Ct. App. 2025). “That said, under Utah Code section 34A-2-108(1), without that approval, the agreement by Halladay to waive his “rights to compensation” would “not [be] valid.”
— Utah Code § 34A-2-108(2) — 2 cases
Touchard v. La-Z-Boy Inc., 2006 UT 71 (Utah 2006). “We note that section 34A-2-108 does provide for the settlement of workers’ compensation claims in accordance with Utah Code section 34A-2-420.”
Workers' Comp. Fund v. Wadman Corp., 2009 UT 18 (Utah 2009). “§ 31 Utah Code section 34A-2-108(2) defines the circumstances under which an employer/employee relationship is created as a matter of law.”
— Utah Code § 34A-2-108(2)(a) — 1 case
Pinnacle Homes, Inc. v. Labor Comm'n, 2007 UT App 368 (Utah Ct. App. 2007). “ISSUES AND STANDARDS OF REVIEW T6 The issue before us is whether the Appeals Board correctly determined that Pinnacle was Mr.”
— Utah Code § 34A-2-108(3) — 1 case
Touchard v. La-Z-Boy Inc., 2006 UT 71 (Utah 2006). “We note that section 34A-2-108 does provide for the settlement of workers’ compensation claims in accordance with Utah Code section 34A-2-420.”
— Utah Code § 34A-2-108(5) — 1 case
Peterson Hunting v. Labor Comm'n, 2012 UT App 14 (Utah Ct. App. 2012). “§ 34A-2-108(5) (providing an exemption from the Workers' Compensation Act for agricultural employers).”
— Utah Code § 34A-2-108(5)(c)(i) — 1 case
Peterson Hunting v. Labor Comm'n, 2012 UT App 14 (Utah Ct. App. 2012). “§ 34A-2-108(5) (providing an exemption from the Workers' Compensation Act for agricultural employers).”
— Utah Code § 34A-2-108(7) — 2 cases
Nichols v. Jacobsen Constr. Co., 2016 UT 19 (Utah 2016). “der subsection (B), is the only one that Jacobsen relies upon in this case, and requires simply "securing" the payment of benefits, The third alternative, under subsection (C), also lists as one of its requirements that the contractor is Hable for "payment of workers'…”
Pinnacle Homes, Inc. v. Labor Comm'n, 2007 UT App 368 (Utah Ct. App. 2007). “ISSUES AND STANDARDS OF REVIEW T6 The issue before us is whether the Appeals Board correctly determined that Pinnacle was Mr.”
— Utah Code § 34A-2-108(7)(a) — 3 cases
Workers' Comp. Fund v. Wadman Corp., 2009 UT 18 (Utah 2009). “§ 31 Utah Code section 34A-2-108(2) defines the circumstances under which an employer/employee relationship is created as a matter of law.”
Pinnacle Homes, Inc. v. Labor Comm'n, 2007 UT App 368 (Utah Ct. App. 2007). “ISSUES AND STANDARDS OF REVIEW T6 The issue before us is whether the Appeals Board correctly determined that Pinnacle was Mr.”
Nichols v. Jacobsen Constr. Co., 2014 UT App 201 (Utah Ct. App. 2014). “See Utah Code Ann. § 34A-2-108(7)(a)G). 110 As a statutory employer, however, Jacobsen is only eligible for the exclusive-remedy protection if it meets the requirements of section Among other things, it must have secured the payment of Nichols's benefits.”
— Utah Code § 34A-2-108(7)(e) — 1 case
Workers' Comp. Fund v. Wadman Corp., 2009 UT 18 (Utah 2009). “§ 31 Utah Code section 34A-2-108(2) defines the circumstances under which an employer/employee relationship is created as a matter of law.”
— Utah Code § 34A-2-108(7)(f) — 1 case
Nichols v. Jacobsen Constr. Co., 2016 UT 19 (Utah 2016). “der subsection (B), is the only one that Jacobsen relies upon in this case, and requires simply "securing" the payment of benefits, The third alternative, under subsection (C), also lists as one of its requirements that the contractor is Hable for "payment of workers'…”
— Utah Code § 34A-2-108(7M) — 1 case
Nichols v. Jacobsen Constr. Co., 2016 UT 19 (Utah 2016). “der subsection (B), is the only one that Jacobsen relies upon in this case, and requires simply "securing" the payment of benefits, The third alternative, under subsection (C), also lists as one of its requirements that the contractor is Hable for "payment of workers'…”
— Utah Code § 34A-2-108(M) — 1 case
Nichols v. Jacobsen Constr. Co., 2016 UT 19 (Utah 2016). “der subsection (B), is the only one that Jacobsen relies upon in this case, and requires simply "securing" the payment of benefits, The third alternative, under subsection (C), also lists as one of its requirements that the contractor is Hable for "payment of workers'…”
— Utah Code § 34A-2-108(T)(F)(Gii) — 1 case
Nichols v. Jacobsen Constr. Co., 2014 UT App 201 (Utah Ct. App. 2014). “See Utah Code Ann. § 34A-2-108(7)(a)G). 110 As a statutory employer, however, Jacobsen is only eligible for the exclusive-remedy protection if it meets the requirements of section Among other things, it must have secured the payment of Nichols's benefits.”
— Utah Code § 34A-2-108(T)(a) — 1 case
Nichols v. Jacobsen Constr. Co., 2014 UT App 201 (Utah Ct. App. 2014). “See Utah Code Ann. § 34A-2-108(7)(a)G). 110 As a statutory employer, however, Jacobsen is only eligible for the exclusive-remedy protection if it meets the requirements of section Among other things, it must have secured the payment of Nichols's benefits.”
— Utah Code § 34A-2-108(l) — 1 case
Touchard v. La-Z-Boy Inc., 2006 UT 71 (Utah 2006). “We note that section 34A-2-108 does provide for the settlement of workers’ compensation claims in accordance with Utah Code section 34A-2-420.”
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