§ 34A-2-114 — Unlawful interference -- Penalties.

(1) An employer may not knowingly or intentionally:

(1)(a) impede or diminish an employee's efforts to make a claim or receive workers' compensation benefits under this chapter or Chapter 3, Utah Occupational Disease Act; or
(1)(b) intimidate, coerce, or harass an employee with the intent of preventing the employee from making a claim or receiving workers' compensation benefits under this chapter or Chapter 3, Utah Occupational Disease Act.
(2) An employer may not suspend, discharge, discipline, threaten to discharge or discipline, or otherwise retaliate against an employee solely because the employee:

(2)(a) claims or attempts to claim workers' compensation benefits under this chapter or Chapter 3, Utah Occupational Disease Act;
(2)(b) reports an employer's noncompliance with a provision of this chapter or Chapter 3, Utah Occupational Disease Act; or
(2)(c) testifies or intends to testify in a workers' compensation proceeding.
(3) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the division may impose a fine of up to $5,000 against an employer for each violation of Subsection (1) or (2).
(4) The division shall deposit any money collected under this section into the Uninsured Employers' Fund created in Section 34A-2-704.
(5) This section does not affect the rights or obligations of an employee or employer under common law.

Legislative History

Enacted by Chapter 225, 2018 General Session