Faman-Rava v. Blu Auto Transport LLC
Faman-Rava v. Blu Auto Transport LLC, 2021 UT App 93 (Mortensen, J.)
Employee was injured on the job, and because Employer did not have workers’ compensation insurance, Employee sued Employer for negligence in district court. Employee prevailed and asked for attorney fees, which the district court declined to award. The Utah Court of Appeals reversed, holding:
- Employers who do not obtain the required workers’ compensation insurance can be sued in district court, and Utah Code § 34A-2-207 specifically allows employees to recover attorney fees in “any civil action under this section against the employer.” Here, Employee was therefore entitled to attorney fees for the successful suit.