HR-409 Worker's Compensation Benefits

Summary

The University complies with state requirements to provide compensation and payment of medical expenses to eligible individuals who are either injured in a work-related accident or incur an occupational disease.

If any part of this policy does not reflect the Collected Rules and Regulations (CRR), the provisions of the CRR will govern.

HR Policy Provisions

HR-409 policy provisions below are in accordance with CRR 340.130:

Purpose – Provide compensation for time away from work due to a work-incurred injury or illness and payment of applicable medical expenses and compensation, consistent with state requirements (hereafter referred to as “Workers’ Comp”).
Eligibility – All employees, including students in employment status and recognized volunteers, are eligible for Workers' Comp benefits unless otherwise specified.
Time Off Available – Eligible employees will be excused from work as follows:
1. To obtain medical attention on the day the accident occurs, any subsequent treatment related to that injury during days the employee is working and attending Workers' Comp conferences or hearings.
2. All absences shall be limited to the time required to obtain medical attention.
  1. Employees must use authorized facilities to receive medical treatments.
  2. Visit the UM Workers Compensation website for a list of authorized providers.
3. If an employee is unable to return to work, as recommended by the authorized physician, such employee will be granted approved absence from work until the employee can return to work, for a maximum period of one year.
4. An employee may be required to furnish satisfactory proof of medical attention or related conferences or hearings.
Compensation and Benefits
1. Employees shall be excused from work without loss of pay or available leave to obtain medical attention on the day the accident occurs, and any subsequent authorized treatment related to that injury when the employee is scheduled to work.
2. A three (3)-day waiting period is prescribed by law, during which time no benefit for lost wages is payable by Workers’ Comp.
  1. The waiting period for employees is the first three calendar days following the day of the injury or date of first medical treatment.
  2. If the related absence lasts longer than 14 days, the three-day waiting period shall be allowed by Workers’ Comp benefits.
3. Following the three-day waiting period, Workers’ Comp benefits provide 2/3rds pay based on the employee’s average weekly gross income for the 13 weeks prior to their injury, regardless of work schedules. Eligible payments are processed separately from University paychecks.
4. Payment during the required waiting period and to make up the difference between what is paid by Workers Comp benefits and the employee's regular pay may be allowed by using available University paid time off (e.g., PTO, sick, etc.), not including University paid leaves such as Short-Term Disability.
5. If applicable, employees may be placed on a paid leave of absence (LOA).
  1. Employees continue to accrue paid time off (PTO) during paid LOAs.
    1. PTO accruals become available to the employee after returning to work in an active status.
    2. The period of paid and unpaid leaves of absence are counted as length of service in computing PTO accrual rates.
  2. Employees eligible for other available leave during approved LOAs (e.g., holiday pay, winter break pay) are eligible to receive such pay during a paid LOA. However, in no case should the combination of paid leaves exceed the employee’s base pay.
  3. During a paid LOA, employees are eligible to continue participation in the university's employee benefit programs (medical, dental, life, vision, etc.). Employees are responsible for their portion of the premium costs for coverage to continue.
  4. During a paid LOA, employee contributions to retirement programs and other required deductions (e.g., garnishments) will continue. Voluntary deductions will continue unless approved or directed to stop by the authorizing organization (e.g., parking, union dues).
  5. Whether or not an LOA is pension credible towards vesting, service, or salary credit for members of the Defined Benefit Plan or Hybrid Plan is based on the type of leave granted (e.g., FMLA Leave or Personal Leave) in accordance with CRR 530.010. For participants in the Defined Contribution Plan, the leave period is not considered a break in service in calculating vesting service.
6. In the event of an employee’s death because of a work-incurred injury or illness, additional Workers' Comp benefits may be payable.
Procedures
1. Employees Responsibility
  1. Report the injury or illness to the supervisor immediately after it occurs. Failure to report the injury to the employer within 30 days may jeopardize the ability to receive workers’ comp benefits.
  2. Comply with normal call-in procedures. Failure to do so may result in time off not being approved for payment.
  3. Request the usage of available University paid time off (e.g., PTO, sick, etc.) for the waiting period and to make up the difference between what is paid by Worker’s Comp benefits and the employees regular pay.
  4. An employee covered by Workers’ Comp benefits may be protected by the American’s Disabilities Act (ADA) depending on qualifying factors. Employees requesting medical accommodations may contact the ADA Coordinator or campus, hospital, or system Human Resources
2. Supervisor or delegate
  1. Submit a Report of Injury to the University’s Workers’ Comp Coordinator within 24 hours of being notified of the injury or illness.
  2. Cooperate fully with the claims administrator to expedite the claims process.
  3. Record available University paid time off in the University’s timekeeping system as part of the regular payroll processing cycle, for the waiting period and to make up the difference between what is paid by Workers’ Comp benefits and the employees regular pay.
  4. Notify Human Resources for possible FMLA consideration if an employee is absent more than three (3) consecutive workdays due to the employee’s illness or injury.
  5. After an employee has returned to work, the department is responsible for notifying the University’s Workers' Comp Coordinator of any subsequent absences for which the employee does not receive regular pay due to the same injury or illness.
3. All matters regarding coverage, or the claim, should be referred to the University’s Workers' Comp Coordinator.

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HR-409 Worker's Compensation Benefits

Summary

HR Policy Provisions

See Also