API Fall 2024

WORKERS' COMPENSATION

UTAH: EVERYONE ON BOARD

includes employees of all types, includ - ing part-time, full-time, and family-run businesses. If you are paid for your work in Colorado, you are presumed to be an employee. There are two types of workers’ com - pensation insurance to choose from: commercial insurance from an insur - ance company or self-insurance. Self-in - surance is only available for employers of 300 or more employees. If you fail to obtain workers’ compensa - tion insurance in Colorado you may be subject to a fine of $500 per day until you procure coverage and, as in Oklaho - ma, may have your business shut down until you can show proof of coverage. Entities whose only employees are owners are not required to maintain workers’ compensation coverage, and likewise, employers are not required to obtain such coverage for certain categories of workers, such as officers of corporations, for example.

In Utah, all employers must retain workers’ compensation coverage for their employees. They can do this by obtaining a policy through the state’s insurer of last resort, the Workers’ Compensation Fund. Employers may obtain coverage through a private insurance company, or they can provide coverage through self-insurance, but only if they obtain authority to self-in - sure through the Labor Commission. It is much less expensive to obtain workers’ compensation insurance than to risk going without it. Employers who do not obtain coverage can be subject to monetary fines and may have their oper - ations shut down. Further, they will lose protection from lawsuits against them by injured employees. If they do retain coverage, insurance claims are the sole remedy for an injured employee.

risk employer or by joining a group self-insurance association.

Regardless of the type of coverage cho - sen, the law mandates that all employ - ees receive the same level of benefits. There are some categories of workers for which coverage is not required, in - cluding, for example, real estate agents who are compensated on a commission basis and truck drivers who are own - er-operators. Any employer in Oklahoma who is required to obtain coverage but fails to do so may be charged with a misde- meanor, fined, and even have their operations ceased by the Commissioner of Labor until insurance is procured.

COLORADO: ESSENTIALLY EVERYONE

ILLINOIS: NON-COMPLIANCE HAS COSTLY CONSEQUENCES

In Colorado, employers who employ one or more employees must carry workers’ compensation insurance. This

In Illinois, employers must provide workers’ compensation insurance for

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