In Utah, employers are required to provide workers' compensation coverage to its employees. Workers' compensation coverage pays for the medical costs and a portion of the lost wages of an employee injured while working on behalf of his/her employer.
In Utah, individuals with no employees and who hire out their services to a hiring employer may be considered “statutory employees.” These individuals are allowed to waive their rights to workers' compensation coverage by obtaining a Workers' Compensation Coverage Waiver (WCCW). The following entity categories may be eligible for the waiver:
A person engaged in the performance of any work for another whom, while so engaged, is:
Eligible parties may apply for a WCCW by completing an application form, providing the required documentation as outlined below and paying a nonrefundable $50 processing fee.
The application may be completed online - . The web application allows the user to upload the required documents in PDF, TIFF(TIF), GIF & JPEG(JPG) formats and make an online credit card payment. Applicants also may print the posted application and submit via mail, fax (801-526-9628), or email to WCCW@utah.gov.
To qualify for a Workers' Compensation Coverage Waiver (WCCW), you must provide:
A copy of two of the following:
A copy of one document from Option 1 above AND two of the following:
Note: An individual who owns or leases a motor vehicle to a motor carrier and personally operates the motor vehicle under an independent contractor agreement (truck driver/owner operator driver), must also provide, in addition to the supporting documents listed above, proof that the individual driver is covered by occupational accident insurance with coverage and benefit limits indicated in Utah law 34A-2-104(5)(e)-(8).
The Labor Commission may investigate a business entity to determine whether the business entity validly elects to not cover an owner, partner, or corporate officer or director as an employee under a workers' compensation policy.
If the Commission determines that a business entity's election is invalid, the Commission may deny the waiver application. If the Commission approves the waiver and if the business becomes ineligible during the one year term, the Commission may revoke the waiver.