Utah § 31A-40-209 Workers' compensation.

Utah Statutes

§ 31A-40-209 — Workers' compensation.

Utah § 31A-40-209

Title 31AInsurance Code

Ch. 31A-40Professional Employer Organization Licensing Act

Part 31A-40-2Coemployment Relationship and Professional Employer Services

This text of Utah § 31A-40-209 (Workers' compensation.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 31A-40-209 (2026).

Text

(1)In accordance with Section 34A-2-103, a client is responsible for securing workers' compensation coverage for a covered employee.

(2)Subject to the requirements of Section 34A-2-103, if a professional employer organization obtains or assists a client in obtaining workers' compensation insurance pursuant to a professional employer agreement:

(2)(a) the professional employer organization shall ensure that the client maintains and provides workers' compensation coverage for a covered employee in accordance with Subsection 34A-2-201(1) and rules of the Labor Commission, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(2)(b) the workers' compensation coverage may show the professional employer organization as the named insured through a master policy, if:

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(1) In accordance with Section 34A-2-103, a client is responsible for securing workers' compensation coverage for a covered employee.
(2) Subject to the requirements of Section 34A-2-103, if a professional employer organization obtains or assists a client in obtaining workers' compensation insurance pursuant to a professional employer agreement:

(2)(a) the professional employer organization shall ensure that the client maintains and provides workers' compensation coverage for a covered employee in accordance with Subsection 34A-2-201(1) and rules of the Labor Commission, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(2)(b) the workers' compensation coverage may show the professional employer organization as the named insured through a master policy, if:
(2)(b)(i) the client is shown as an insured by means of an endorsement for each individual client;
(2)(b)(ii) the experience modification of a client is used; and
(2)(b)(iii) the insurer files the endorsement with the Division of Industrial Accidents as directed by a rule of the Labor Commission, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(2)(c) at the termination of the professional employer agreement, if requested by the client, the insurer shall provide the client records regarding the loss experience related to workers' compensation insurance provided to a covered employee pursuant to the professional employer agreement; and
(2)(d) the insurer shall notify a client if the workers' compensation coverage for the client is terminated.
(3) In accordance with Section 34A-2-105, the exclusive remedy provisions of Section 34A-2-105 apply to both the client and the professional employer organization under a professional employer agreement regulated under this chapter.
(4) Notwithstanding the other provisions in this section, an insurer may choose whether to issue:

(4)(a) a policy for a client; or
(4)(b) a master policy with the client shown as an additional insured by means of an individual endorsement.