Utah Code 34A-3-205. Determining employers of first responders — Volunteer first responders — Workers’ compensation premiums
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(1) For purposes of receiving workers’ compensation benefits, a first responder performing the services of a first responder is considered an employee of an entity for whom the first responder provides those services.
Terms Used In Utah Code 34A-3-205
- First responder: means :(1)(b)(i) a first responder as defined in Section 34A-2-102;(1)(b)(ii) an individual employed by:(1)(b)(ii)(A) a health care facility as defined in Section 26B-2-201;(1)(b)(ii)(B) an office of a physician, chiropractor, or dentist;(1)(b)(ii)(C) a nursing home;(1)(b)(ii)(D) a retirement facility;(1)(b)(ii)(E) a home health care provider;(1)(b)(ii)(F) a pharmacy;(1)(b)(ii)(G) a facility that performs laboratory or medical testing on human specimens; or(1)(b)(ii)(H) an entity similar to the entities listed in Subsections (1)(b)(ii)(A) through (G);(1)(b)(iii) an individual employed by, working with, or working at the direction of a local health department; or(1)(b)(iv) a volunteer, as defined in Section 67-20-2, providing services to a local health department in accordance with Title 67, Chapter 20, Volunteer Government Workers Act. See Utah Code 34A-3-201
- Utah minimum wage: means the highest wage designated as Utah's minimum wage under Title 34, Chapter 40, Utah Minimum Wage Act. See Utah Code 34A-3-201
(2)(2)(a) A first responder who only performs the services of a first responder for minimal or no compensation or on a volunteer basis receives an amount of workers’ compensation:(2)(a)(i) calculated in accordance with Section 34A-2-409; and(2)(a)(ii)(2)(a)(ii)(A) based on the first responder’s primary employment, if the first responder is primarily employed other than as a first responder; or(2)(a)(ii)(B) based on the Utah minimum wage, if the first responder has no employment other than as a first responder.(2)(b) An entity for whom a first responder provides first responder services for minimal or no compensation or on a volunteer basis shall:(2)(b)(i) pay any excess premium necessary for workers’ compensation, if the first responder is primarily employed other than as a first responder; and(2)(b)(ii) pay any premium necessary for workers’ compensation, if the first responder has no employment other than as a first responder.(3) A first responder is not precluded from utilizing insurance a primary employer provides, or any other insurance benefits, in addition to workers’ compensation benefits.
