During Utah’s 2016 legislative session, a bill modifying the Workers’ Compensation Act to address volunteers was passed. The enacted bill (S. 76), which became effective May 10th, provides that volunteers are not employees for purposes of workers’ compensation, unless the nongovernment entity chooses to cover the volunteer with workers’ compensation coverage. A volunteer is defined as “an individual who donates service without pay of other compensation except expenses actually and reasonable incurred as approved by the supervising nongovernment entity.”
If coverage is obtained for volunteers, nongovernment entities must notify their volunteers by posting notices in a conspicuous place and on the website used to recruit or provide information to volunteers. To compute the disability compensation benefits, the nongovernment entity must calculate the average weekly wage of the volunteer at the time of the industrial accident or occupational disease that is the basis for the volunteer’s workers’ compensation claim. Volunteers may also seek remedies through a personal insurance policy in addition to any workers’ compensation benefits obtained.
The Utah Workers’ Compensation Notice has been revised to include the new law code referencing the recently enacted bill. Employers with existing Utah All-On-OneTM Labor Law Posters can update with the Workers’ Compensation Notice Peel ‘N Post. Employers may also choose to update the Utah All-On-OneTM Labor Law Poster.