Utah Code
Utah Code § 34A-2-423 (2026)
Survival of claim in case of death
✓ laws through the 2026 General Session (checked Sept. 2026)
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As used in this section:
"Estate" is as defined in Section 75-1-201.
"Personal representative" is as defined in Section 75-1-201.
The personal representative of the estate of an employee may adjudicate an employee's claim for compensation under this chapter if in accordance with this chapter, the employee files a claim:
before the employee dies; and
for compensation for an industrial accident or occupational disease for which compensation is payable under this chapter or Chapter 3, Utah Occupational Disease Act.
If the commission finds that the employee is entitled to compensation under this chapter for the claim described in Subsection (2)(a), the commission shall order that compensation be paid for the period:
beginning on the day on which the employee is entitled to receive compensation under this chapter; and
ending on the day on which the employee dies.
Compensation awarded under Subsection (3) shall be paid to:
if the employee has one or more dependents on the day on which the employee dies, to the dependents of the employee; or
if the employee has no dependents on the day on which the employee dies, to the estate of the employee.
The commission may apportion any compensation paid to dependents under this Subsection (4) in the manner that the commission considers just and equitable.
If an employee that files a claim under this chapter dies from the industrial accident or occupational disease that is the basis of the employee's claim, the compensation awarded under this section shall be in addition to death benefits awarded in accordance with Section 34A-2-414.
Enacted by Chapter 67, 2003 General Session
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2006–2024 · leading case: Strate v. Labor Comm'n, 2006 UT App 179, 136 P.3d 1273.
Strate v. Labor Comm'n, 2006 UT App 179, 136 P.3d 1273. “Senate Bill 126, enacted into law in 2003, adds a new section 34A-2-423 to the Workers' Compensation Act, which provides: The personal representative of the estate of an employee may adjudicate an employee's claim for compensation filed under this chapter if in accordance with…”
Prows v. Labor Comm'n, 2014 UT App 196, 333 P.3d 1261. “§ 34A-2-423(3). But for any benefit to accrue, this subsection states that the Commission must find "that the employee is entitled to compensation.”
Mayhew v. Labor Comm'n, 2024 UT App 81, 552 P.3d 235. “We note that Utah Code section 34A-2-423 allows the personal representative of a deceased employee’s estate to pursue a claim for compensation.”
Utah Code § 34A-2-423(2): 1 case
Strate v. Labor Comm'n, 2006 UT App 179, 136 P.3d 1273. “Senate Bill 126, enacted into law in 2003, adds a new section 34A-2-423 to the Workers' Compensation Act, which provides: The personal representative of the estate of an employee may adjudicate an employee's claim for compensation filed under this chapter if in accordance with…”
Utah Code § 34A-2-423(2)(a): 1 case
Strate v. Labor Comm'n, 2006 UT App 179, 136 P.3d 1273. “Senate Bill 126, enacted into law in 2003, adds a new section 34A-2-423 to the Workers' Compensation Act, which provides: The personal representative of the estate of an employee may adjudicate an employee's claim for compensation filed under this chapter if in accordance with…”
Utah Code § 34A-2-423(3): 1 case
Prows v. Labor Comm'n, 2014 UT App 196, 333 P.3d 1261. “§ 34A-2-423(3). But for any benefit to accrue, this subsection states that the Commission must find "that the employee is entitled to compensation.”
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