Utah Brain Injury Laws
Section 26-53-102(6) of the Utah Health Code defines traumatic head injury as an injury to the head from blunt force trauma, acceleration or deceleration. There are several laws aimed at protecting the public and helping people who are the victims of trauma.
- Negligence Compensation Laws for Brain Injury Victims. Victims who sustain brain injuries because of the negligent acts of others may claim financial compensation by bringing a legal claim. They may claim direct and indirect financial losses, including the cost of medical care. Victims may also claim an amount for the impact on their life and independence. Utah Code 78B-5-818 creates a system of comparative negligence to evaluate fault and determine the appropriate amount of financial compensation.
- Utah Workers’ Compensation Laws. A person who sustains a brain injury while on the job may access Utah workers’ compensation laws to claim financial compensation, including covered medical care and lost wages.
- Utah Occupational Safety and Health. Utah Occupational Safety and Health guidelines allow workers to report unsafe conditions. Employers must follow the rules aimed at preventing workplace injuries, including brain trauma.
- Protection of Athletes with Head Injuries Act. Parents, athletes, and coaches are becoming more aware of the dangers of brain injury in sports. The Utah Health Code Protection of Athletes with Head Injuries Act, Utah Code Title 26, Chapter 53, requires concussion and head trauma policies for school sports organizations. The requirements consist of training and response for sports injuries that may include brain trauma.
- Utah Traumatic Spinal Cord and Brain Injury Rehabilitation Trust Fund. Established by Utah House Bill 400, the Traumatic Spinal Cord and Brain Injury Rehabilitation Trust Fund disburses funds to assist charitable clinics in providing rehabilitation services for the post-acute-care of people with such injuries.
- Utah Training of School Nurses. Utah House Bill 269 creates training and response requirements for school nurses in treating students with a head injury.