Utah Code
Utah Code § 34A-2-207 (2026)
Noncompliance -- Civil action by employees
✓ current as of May 2026
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Employers who fail to comply with Section 34A-2-201 are not entitled to the benefits of this chapter or Chapter 3, Utah Occupational Disease Act, during the period of noncompliance, but shall be liable in a civil action to their employees for damages suffered by reason of personal injuries arising out of or in the course of employment caused by the wrongful act, neglect, or default of the employer or any of the employer's officers, agents, or employees, and also to the dependents or personal representatives of such employees when death results from such injuries.
In any action described in Subsection (1)(a), the defendant may not use any of the following defenses:
the fellow-servant rule;
assumption of risk; or
contributory negligence.
Proof of the injury shall constitute prima facie evidence of negligence on the part of the employer and the burden shall be upon the employer to show freedom from negligence resulting in the injury.
An employer who fails to comply with Section 34A-2-201 is subject to Sections 34A-2-208 and 34A-2-212.
In any civil action permitted under this section against the employer, the employee shall be entitled to necessary costs and a reasonable attorney fee assessed against the employer.
Notes of Decisions
Cited in 4
cases (2 in the last 5 years), 1999–2023 · leading case: Granite Sch. Dist. v. Young, 2023 UT 21 (Utah 2023).
Granite Sch. Dist. v. Young, 2023 UT 21 (Utah 2023). “) Similarly, section 34A-2-207 creates a civil action against employers who do not maintain workers’ compensation insurance coverage.”
Farman-Rava v. Blu Auto Transp., 2021 UT App 93 (Utah Ct. App. 2021). “§ 34A-2-105(1) (LexisNexis 2019)) but concluded that this provision did not apply because Employer had failed to provide workers’ compensation insurance, (citing Utah Code Ann. § 34A-2-207) (LexisNexis 2019).”
Anabasis, Inc. v. Labor Comm'n, 2001 UT App 239 (Utah Ct. App. 2001). “See Utah Code Ann. §§ 34A-2-207, -209 to -211 (1997 & Supp.”
Esquivel v. Labor Comm'n, 973 P.2d 440 (Utah Ct. App. 1999). “§ 34A-2-207(l)(a) (1997) (failure to obtain workers’ compensation insurance subjects employer to liability in civil action brought against it by injured employee).”
— Utah Code § 34A-2-207(1)(a) — 2 cases
Farman-Rava v. Blu Auto Transp., 2021 UT App 93 (Utah Ct. App. 2021). “§ 34A-2-105(1) (LexisNexis 2019)) but concluded that this provision did not apply because Employer had failed to provide workers’ compensation insurance, (citing Utah Code Ann. § 34A-2-207) (LexisNexis 2019).”
Anabasis, Inc. v. Labor Comm'n, 2001 UT App 239 (Utah Ct. App. 2001). “See Utah Code Ann. §§ 34A-2-207, -209 to -211 (1997 & Supp.”
— Utah Code § 34A-2-207(1)(b) — 1 case
Farman-Rava v. Blu Auto Transp., 2021 UT App 93 (Utah Ct. App. 2021). “§ 34A-2-105(1) (LexisNexis 2019)) but concluded that this provision did not apply because Employer had failed to provide workers’ compensation insurance, (citing Utah Code Ann. § 34A-2-207) (LexisNexis 2019).”
— Utah Code § 34A-2-207(4) — 1 case
Farman-Rava v. Blu Auto Transp., 2021 UT App 93 (Utah Ct. App. 2021). “§ 34A-2-105(1) (LexisNexis 2019)) but concluded that this provision did not apply because Employer had failed to provide workers’ compensation insurance, (citing Utah Code Ann. § 34A-2-207) (LexisNexis 2019).”
— Utah Code § 34A-2-207(l)(a) — 1 case
Esquivel v. Labor Comm'n, 973 P.2d 440 (Utah Ct. App. 1999). “§ 34A-2-207(l)(a) (1997) (failure to obtain workers’ compensation insurance subjects employer to liability in civil action brought against it by injured employee).”
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