Knowing how long you can sue for a workplace injury drives every strategic move you make after an accident on the job. Report too late or file in the wrong forum and you could lose your right to sue for work-related injuries, collect wage benefits, or launch a full-value workplace injury lawsuit against a negligent third party.

Because the clock starts ticking the moment the injury occurs (or the moment you discover a work-related illness), consult an accident attorney at Craig Swapp & Associates right away. Our seasoned injury attorneys in Utah know every procedural step, every exception, and every hard-to-find deadline hidden in Utah’s workers’ compensation rules and lawsuits. 

When Is an Injury Considered Work-Related?

Utah’s Workers’ Compensation Act covers any trauma, illness, or condition that “arises out of and in the course of employment” – the classic AOE/COE test. An event satisfies the test when the employment creates the risk and the injury occurs while the employee advances the employer’s business. 

The Utah Labor Commission also presumes a claim is work-related if it happens on the clock or on employer premises, shifting the burden to the employer to prove otherwise. 

  • On-Site Accidents: Falls from scaffolding, forklift collisions, explosions.
  • Off-Site Assignments: Sales calls, client dinners, or technician visits qualify under the “special-mission” doctrine.
  • Traveling Employees: Injuries during necessary travel count, but ordinary commuting usually does not.
  • Occupational Diseases: Chemical-exposure lung disease, hearing loss in manufacturing, or carpal-tunnel syndrome from repetitive motion.

Workers must still show medical causation, but Utah favors broad coverage so that most injured employees can access immediate medical care and wage replacement.

Different Workplace Accidents

Workplace accidents in Utah can strike any industry, from construction sites and manufacturing plants to office environments and retail outlets.

  • Falls from Height: In high-risk industries like construction and roofing, falls from ladders, scaffolds, and roofs pose a serious danger. Proper fall-protection equipment and adherence to OSHA fall-prevention standards are essential to avoid catastrophic harm.
  • Struck-by and Caught-in-Between Accidents: Heavy machinery, moving vehicles, and collapsing structures can lead to struck-by incidents and caught-in-between events. These accidents often cause severe crush injuries, amputations, or internal trauma.
  • Machinery and Equipment Malfunctions: Automated presses, conveyor belts, and power tools can malfunction or operate unexpectedly. When equipment failure injures a worker, the manufacturer, maintenance contractor, or property owner may face third-party liability in addition to workers’ compensation.
  • Electrical and Chemical Injuries: Electricians, lab workers, and manufacturing employees face hazards from exposed wiring and faulty circuits, chemical spills, leaks, or improper storage. Proper lockout/tagout procedures, personal protective equipment (PPE), and Material Safety Data Sheet (MSDS) compliance are critical safeguards. 
  • Motor Vehicle and Forklift Collisions: Whether delivering goods on Utah’s highways or operating forklifts in a warehouse, vehicle-related accidents rank among the top on-the-job dangers.
  • Repetitive Stress and Overexertion Injuries: Not all injuries stem from a single event. Repetitive motions (like lifting heavy objects, typing for long periods, or assembly-line tasks) can lead to carpal tunnel syndrome, tendonitis, or chronic back pain.

Workplace accidents in Utah come in many forms. Knowing these risks and responding decisively protects your health and preserves your legal rights. 

Types of Workplace Injuries 

Workplace injuries can take many forms – a sudden trauma, a condition that develops over time, or an occupational illness – each carrying its own medical and legal considerations. . 

  • Traumatic Physical Harm: This includes fractures, crush injuries, electrical burns, traumatic amputations – and it is often linked to construction, mining, and manufacturing.
  • Cumulative-Trauma Disorders: Such as carpal tunnel, tendonitis, degenerative-disc disease from repetitive lifting. Symptoms develop gradually, so the “date of injury” equals the first compensable medical visit, triggering later notice deadlines.
  • Occupational Illnesses: Examples include, asbestos-related lung disease, chemical dermatitis, silicosis in drilling operations. Multiple exposure dates require careful statute analysis.
  • Stress and Mental-Health Claims:  PTSD after workplace violence or severe accidents. Utah, like other states, requires objective medical evidence and proof the stress exceeds everyday job pressure.
  • Fatal Workplace Injuries: Utah’s 2023 Census of Fatal Occupational Injuries recorded 69 worker deaths, with transportation and construction leading the list.  Dependents may pursue death benefits under workers’ comp and file a wrongful-death work injury lawsuit against responsible third parties.

Understanding the injury type matters because each triggers slightly different filing triggers under the workers’ comp statute of limitations.

What to Do After Getting a Workplace Injury

Knowing what to do after a workplace injury happens is critical to protect your legal rights. Each step you take shapes the outcome of your work compensation claim, even work injury lawsuit. 

  • Seek Immediate Medical Attention: Your health comes first. Even if your injury seems minor, internal damage or delayed symptoms can develop over hours or days.
  • Document the Incident Thoroughly: Solid documentation bolsters both compensation claims and any future work injury lawsuit. Retain physical evidence when possible: torn clothing, broken safety gear, or faulty machine parts. If your employer plans to discard these items, ask your Utah injury attorney to send a preservation letter.
  • Preserve and Organize Your Records: A clear, chronological file helps you and your injury attorney stay on top of deadlines and evidence. These can include medical bills and treatment records, pay stubs and wage statements, communication logs, and expense receipts. 
  • Understand Your Legal Options: While workers’ compensation provides no-fault coverage for medical and wage benefits, it does not cover pain and suffering or full income losses. If a third party (such as a negligent subcontractor, equipment manufacturer, or motorist) caused your injury, you may have a third-party liability lawsuit available.
  • Consult a Workplace Injury Lawyer Early: An experienced Utah accident attorney can help you deal with complex rules and overlapping deadlines for workers’ comp and civil claims. 
  • Prepare for Potential Lawsuit: If negotiations stall, your Salt Lake City injury attorney will prepare to file suit. 

Whether you’re filing a workers’ comp claim in Utah or pursuing a lawsuit, our dedicated injury attorneys in Utah will fight to secure every dollar you deserve.

Workers Compensation Claim for Work Injuries

Achieving quick medical coverage and wage benefits starts with hitting critical deadlines.

  • Report the Injury Within 180 Days: Utah employees must tell a supervisor “as soon as practicable,” yet failure to give written or verbal notice within 180 days can bar benefits entirely. Mention the accident in an email or incident report for a verifiable timestamp.
  • Medical Treatment from an Authorized Provider: Your employer, or its carrier, may direct initial care. If you change doctors without approval, the carrier can deny later bills. Always request written permission before switching.
  • File Form 122: While employers forward a First Report of Injury (also titled Form 122) within seven days, an injured worker must still ensure the Industrial Accidents Division receives their Form 122. 
  • Follow All Medical Instructions: Utah allows carriers to reduce or suspend benefits if an employee refuses reasonable treatment or vocational rehab. Keep every appointment and save all doctor’s notes.
  • Appeal Denials or Underpayments Quickly: You have 30 days to request a hearing before an administrative law judge once the carrier denies a claim. An experienced Utah accident attorney can file hearing motions, subpoena witnesses, and cross-examine carrier experts.

If you need help making sure your work compensation claim is filed correctly and on time, reach out to a Utah accident attorney who can guide you through every step.

How Long Do You Have to Sue for Workplace Injuries?

Deadlines differ depending on whom you sue for workplace injuries and why. 

Ask yourself two questions:

  • Does workers’ compensation bar my civil claim?
  • If not, which civil deadline applies?

Suing the Employer

Utah’s exclusive-remedy doctrine usually prevents employees from suing the employer in tort. Two narrow exceptions unlock a direct work injury lawsuit:

  • Intentional-Injury Exception: If corporate officers or supervisors deliberately inflict harm. For example, removing machine guards despite known dangers – you may file a personal-injury action.
  • No Insurance Exception: Employers who fail to carry mandatory workers’ comp coverage lose the shield and can be sued like any other defendant.

Third-Party Liability 

Most serious on-the-job accidents involve some entity other than the employer:

  • A negligent subcontractor drops rebar from an overhead deck.
  • A delivery driver rear-ends the company van.
  • A defective sawblade explodes due to poor manufacturing.

You may file a third-party workplace injury lawsuit for full tort damages, including pain and suffering. If the defendant is a government entity (say, the city owns a hazardous roadway), you must serve a notice of claim and file suit within the set deadline under the Utah Governmental Immunity Act.

How to Prove Fault in a Third-Party Lawsuit

Workers’ compensation in Utah pays medical bills and partial wage loss without requiring you to prove negligence. But when a subcontractor’s shortcut, a defective machine, or a reckless driver causes your injury, you may bring a third-party liability lawsuit for the full value of your losses.

To prove fault in a third-party work injury lawsuit in Utah, you must show:

  • Duty of Care: The third party had a legal obligation to act safely. For example, a manufacturer must produce non-defective equipment.
  • Breach of Duty: They failed to meet that obligation, such as by ignoring known safety defects or violating industry standards.
  • Causation: The breach directly caused your injuries. Utah requires both actual cause (“but for” the breach) and proximate cause (the harm was a foreseeable result).
  • Damages: You suffered compensable losses, including medical expenses, lost wages, and pain and suffering.

Utah follows a modified comparative-fault system:

  • If you’re found more than 50% at fault, you cannot recover.
  • Your recovery is reduced in proportion to your percentage of fault.

Gathering strong evidence not only proves the third party’s negligence but also helps minimize any allegations of your own fault. 

Strong evidence may include: 

  • Accident Reports and OSHA Records: Obtain incident reports, OSHA logs, and any internal investigations from the work site.
  • Photographs and Video: Visual documentation of the hazard and the scene immediately after the accident can be powerful.
  • Witness Statements: Statements from co-workers, supervisors, or bystanders help corroborate your version of events.
  • Maintenance and Inspection Logs: Records showing missed inspections or delayed repairs can demonstrate a pattern of neglect.

If you’ve been hurt on the job and believe a party other than your employer is to blame, don’t leave money on the table. Speak with a Salt Lake City accident attorney.

Recoverable Compensation in a Work Injury Lawsuit

Workers’ compensation pays medical bills, a tax-free wage fraction, and scheduled impairment, but it omits many damages that civil law recognizes. 

A successful workplace injury lawsuit can secure:

  • Total Past and Future Wages: Including commissions, overtime, lost promotions, and diminished earning capacity.
  • Medical Expenses Beyond Approved Care: Out-of-network surgeries, experimental treatments, and future prosthetics.
  • Pain and Suffering: Utah places no general cap on noneconomic damages in non-medical-malpractice injury suits.
  • Loss of Enjoyment of Life: Compensation for hobbies, athletics, and social activities you can no longer enjoy.
  • Household-Service Replacement: Child-care, lawn work, and cleaning you must now pay others to perform.
  • Loss of Consortium: Spousal loss of companionship, often a separate derivative claim.
  • Punitive Damages: For reckless or intentional conduct; Utah caps these, but egregious safety violations can still yield significant awards.

After a settlement or verdict, the workers’ comp carrier may assert a statutory lien for amounts it has already paid, yet experienced Utah accident attorneys can negotiate lien reductions.

Hire a Workplace Injury Lawyer to Handle Your Case

Deadlines are only part of the battle. Complex work-site evidence disappears quickly – machine parts get scrapped, skid marks fade, surveillance video overwrites itself within days. 

Proactive injury lawyers in Salt Lake City will:

  • Lock Down Evidence Immediately: Send preservation letters, inspect machinery, download electronic-data recorders, and photograph the hazard from every angle.
  • Coordinate Medical Experts: Surgeons testify about causation, life-care planners estimate future costs, and vocational economists quantify lost earning capacity.
  • Navigate Dual-Track Claims: Manage your workers’ comp paperwork while simultaneously litigating the civil work injury lawsuit.
  • Negotiate with Subrogation Carriers: Reduce comp liens and health-insurance paybacks to maximize net proceeds.
  • Present Compelling Settlement Packages: Multimedia day-in-the-life videos and detailed economic reports often secure seven-figure resolutions without trial.

Miss any time limit and your ability to sue for work-related injuries evaporates. 

At Craig Swapp & Associates, our battle-tested injury attorneys in Utah will file every comp document on time, investigate third-party liability, and, when needed, wage an aggressive workplace injury lawsuit in other states we serve, including Idaho, Washington, Montana, Oregon, Wyoming, Colorado, and Arizona – so you recover every dollar the law allows and move forward with confidence.

Protect your future today. Call us today at 866-308-3626 or fill out our contact form to schedule a free consultation with our Salt Lake City injury attorneys.

Written By: Ryan Swapp     Legal Review By: Craig Swapp