34A-2-207 - Noncompliance -- Civil action by employees. - Utah Statutes

34A-2-207. Noncompliance -- Civil action by employees.
(1) (a) Employers who fail to comply with Section 34A-2-201 are not entitled to thebenefits of this chapter or Chapter 3, Utah Occupational Disease Act, during the period ofnoncompliance, but shall be liable in a civil action to their employees for damages suffered byreason of personal injuries arising out of or in the course of employment caused by the wrongfulact, 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 fromsuch injuries.
(b) In any action described in Subsection (1)(a), the defendant may not avail himself ofany of the following defenses:
(i) the fellow-servant rule;
(ii) assumption of risk; or
(iii) contributory negligence.
(2) Proof of the injury shall constitute prima facie evidence of negligence on the part ofthe employer and the burden shall be upon the employer to show freedom from negligenceresulting in the injury.
(3) An employer who fails to comply with Section 34A-2-201 is subject to Sections34A-2-208 and 34A-2-212.
(4) In any civil action permitted under this section against the employer, the employeeshall be entitled to necessary costs and a reasonable attorney fee assessed against the employer.

Amended by Chapter 13, 1998 General Session