Workers' Compensation Injuries, Illnesses and                 UPPS No. 04.04.43

Claims                                                                                    Issue No. 8
Effective Date: 11/6/2007
Review: May 1 E3Y

                                                                                                Attachment I

 

 

01.       POLICY STATEMENTS

 

01.01  Under the provisions of the State Office of Risk Management (SORM) Workers' Compensation Program, each state agency is required to establish policies and procedures for the prevention of accidents, the enhancement of safety programs, and the processing of compensation claims. Specific objectives of this UPPS are to:

 

a.   establish and disseminate university policy relating to the SORM Workers' Compensation Program. University employees will be informed of their rights under the Workers' Compensation Act through campus-wide postings, the new employee benefit packet and orientation programs. Student employees will receive the benefit information through the Career Services office;

 

b.   identify responsibilities and duties of the Director, Environmental Health, Safety & Risk Management;

 

c.   identify responsibilities and duties of the Human Resources representative charged with Workers' Compensation;

 

d.   establish procedures for processing Workers' Compensation claims; and

 

e.   provide for periodic update of information to conform with state regulatory requirements.

 

01.02    Return to Work Program

 

a.   It is the policy of Texas State to provide a Return to Work Program as the means to return employees to meaningful, productive employment following a work-related injury or illness. In order to provide the highest level of quality service to the citizens of Texas, it is necessary for every employee of the University to be available for work, ready, and capable of performing the duties and responsibilities for which the employee was hired.

 

b.   The Return to Work program provides opportunities for an employee of the University who sustains a compensable injury during the course and scope of employment, which becomes a disability as defined by the Americans with Disabilities Act (ADA), or a serious health condition as defined by the Family and Medical Leave Act (FMLA), to return to work at full duty. If the employee is not physically capable of returning to full duty, the Return to Work program provides opportunities when available for the employee to perform a temporary assignment in which the employee's regular position is modified to accommodate the employee's physical capacities. Temporary assignment in a restricted duty status under the Return to Work program will not exceed sixty accumulative calendar days per claim. If the employee is unable to be released to return to work without restrictions within the sixty accumulative calendar day period, the employee will be placed in a leave status at the end of the sixty day period. The employee will remain off work until he or she receives a non-restrictive release.

 

c.   The Return to Work program shall not be construed as recognition that any employee who participates in the program has a disability as defined by the ADA. If an employee sustains an injury or illness that results in a disability under the ADA, it is the employee's responsibility to inform his or her supervisor or a person in a responsible management position when a disability under the ADA exists and that a reasonable accommodation is necessary to perform the essential functions of his or her job.

 

d.   Specific procedures shall be provided to guide all employees regarding the Return to Work program by the Human Resources representative, when necessary.

 

02.       DEFINITIONS

 

02.01  Accident Prevention Coordinator: The Director, Environmental Health, Safety & Risk Management is responsible for implementing and administering the Accident Prevention Program at Texas State.

 

02.02  Workers' Compensation Claims Coordinator: The Human Resources representative serves as the Workers' Compensation Claims Coordinator responsible for coordinating workers' compensation claims and the associated Return to Work program at Texas State.

 

02.03  "Reportable" Incident, Injury, or Illness: Any incident, injury, or illness involving a university employee which occurred as a result of, or in the course and scope of employment.  An incident occurs when there is no physical or visible injury at the time, but may become an injury at a later date.

 

02.04  Workers' Compensation Claim: A claim for compensation filed by a university employee for an injury or illness occurring in the course and scope of employment that results in either:

 

a.   more than one day of lost time; or

 

b.   medical services from a job-related injury or illness.

 

02.05  Return to Work program: On a case by case basis, employees absent from work due to a work-related injury or illness may return to work with medical work restriction for a period not to exceed sixty accumulative calendar days per claim, if approved by the employee’s department head and the Human Resources representative.

 

02.06  Additional Duty Safety Officers (ADSO): These persons are appointed by department heads in accordance with UPPS No. 04.05.01, to assist in administering the Risk Management and Safety Program in their departments. Their responsibilities include:

 

a.   Serving as a point of contact with Human Resources and the Environmental Health, Safety & Risk Management Office;

 

b.   reviewing incidents and helping supervisors complete incident reports;

 

c.   facilitating investigation of the incident; and

 

d.   making recommendations for preventing similar incidents.

 

03.       STATE EMPLOYEES WORKERS' COMPENSATION PROGRAM

 

03.01  Workers' compensation coverage for state employees is provided by the State of Texas as a self insurance program, which provides compensation and medical benefits for injuries and occupational illness that arise out of and in the course and scope of state employment.

 

03.02  For university employees, the State Employees Workers' Compensation Program is administered by the SORM. SORM is responsible for processing and paying workers' compensation claims, providing risk management guidelines, legal and administrative services for state agencies.

 

03.03  A Texas State employee who meets all of the following qualifications is eligible to file for Workers' Compensation benefits under the Texas State Workers' Compensation Act:

 

a.   Must be an employee of Texas State. “Employee” includes faculty, staff, and student workers.

 

b.   The injury or occupational illness must have occurred on or after July 18, 1975.

 

04.       RESPONSIBILITIES AND DUTIES

 

The responsibilities listed in Section 04 are abbreviated in a claims procedure checklist (Attachment I).

 

04.01  As a state employer of record, Texas State has responsibilities to the injured employee, the SORM, and the Texas Department of Insurance Division of Workers’ Compensation (DWC).

 

a.   Texas State's responsibility to the injured employee: Texas State is required to notify the employee that he or she is covered by Workers' Compensation and what the requirements are to obtain benefits. Notification will be included within the New Employee Benefit Package and presented in the New Employee Orientation. Notices regarding workers’ compensation are posted throughout campus.

 

b.   Texas State's responsibilities to the SORM:

 

1)   Submit Employers' First Report of Injury or Illness DWC-1S. This report is submitted only if the employee incurs personal medical cost, or if there is more than one day of lost time from work;

2)   Submit an Employee Election of Receiving Workers' Compensation Disability Payments -- Form SORM-80;

3)   Submit a Witness Statement Form No SORM-74, if applicable;

4)   Submit Supplemental Report of Injury - DWC-6. Supplemental reports are submitted when:

a)   An employee begins lost time from work;

b)   An employee returns to work following absence from work for one or more days;

c)   When an employee, after returning to work, has additional days of disability because of the injury;

d)   If the employee has an increase or decrease in earnings during the time they are receiving benefits; and

e)   When an employee with a workers' compensation claim, resigns or is terminated.

5)   Submit Employee's Wage Statement DWC-3, when applicable;

6)   Submit other reports as required.

 

c.   Texas State's responsibility to the Texas Department of Insurance Division of Workers’ Compensation (DWC): Texas State is responsible for preparing and submitting to the DWC any reports or information requested by the Commission.

 

04.02  Injured Employee's Responsibilities:

 

a.   Immediately report or notify his or her supervisor or department head of any on-the-job incident or injury or the first clear symptoms of illness that might be related to their employment. The employee must report the injury or illness regardless of whether loss of work-hours or medical services are involved. The employee may lose their right to receive benefits if they fail to report an injury or illness, in accordance with university policy.

 

b.   When medical services are needed for a job-related injury or illness, an employee has the right to the initial choice of a treating doctor that is located on DWC’s Approved Doctor Listing (ADL) found at www.txcomp.twcc.state.tx.us as required by the Texas Labor Code. 

 

c.   Request completion of a Supervisor's Report of Incident, Injury, or Illness Form, and Witness Report, if applicable.  Both forms are available on the Human Resources web site;

 

d.   If an injury or illness results in the absence from work for more than one day or medical services are received, the employee must comply with the following legal responsibilities to establish a claim for compensation:

 

1)   A claim for compensation with respect to such injury or illness must be filed with the Division of Workers’ Compensation (DWC-41) within one year after the occurrence of the injury or of the first distinct manifestation of the occupational illness;

2)   If lost time from work occurs, the injured employee must sign an Employee's Election Regarding Utilization of Sick and Annual Leave, SORM-80 Form. The employee must choose Election 1 or 2 below.  Note: only accrued sick and annual (vacation) leave are considered in making the following elections.

a)   Election 1 - employee elects to use all accrued sick leave, and

(1) all of accrued annual leave (vacation); or

(2) a portion of accrued annual leave (specifies number of hours); or

(3) none of accrued annual leave.

Sick leave must be exhausted before annual leave can be used.

b)   Election 2 - employee elects not to use accrued sick leave or annual leave. Employee will not receive workers' compensation payments until after a seven-day waiting period. The waiting period begins the first calendar date after the last active workday. Note: employees who select Election 2 will change their work status to leave without pay (LWOP).

3)   After an employee has exhausted their elected leave entitlements under Election 1 or utilized them during the seven-day waiting period under Election 2, the employee may be eligible to receive temporary income benefits for lost wages from the SORM.

4)   It is the employee's responsibility to report health progress, provide a current Work Status Report (DWC-73), and the expected date for return to work to the Human Resources representative.

 

e.   A classified employee with earned FLSA or state compensatory time may use it at the end of Election 1 after using their selected amount of sick and annual leave, or immediately with Election 2. The employee must present a written request to the Human Resources representative in order to use compensatory time during the lost time period the employee is away from work due to a work-related injury or illness.  (Ref: Office of the Attorney General, Opinion No. JC-0188, March 1, 2000)

 

f.    Employees who have filed a workers' compensation claim for a work-related injury or illness must have a signed and dated medical release statement (DWC-73) from his or her treating doctor before returning to work. The employee must present the doctor's medical release to the Human Resources representative before returning to work. The medical release must be evaluated and approved by the Human Resources representative. If the doctor's release has limitations, refer to Section 01.02, Return to Work program.

 

04.03  Immediate Supervisory Personnel Responsibilities (Of Injured Employee): Responsibilities include the following:

 

a.   Complete Supervisor's Report of Incident, Injury, or Illness and Witness Statement, if applicable, for any incident, injury, or illness reported or known to have occurred. (Send the completed original witness statement to the Human Resources representative within two workdays after submitting the Supervisor's Report.)  Both forms are available on the Human Resources web site.

 

b.   When an employee needs immediate medical treatment for their injury, call to notify the Human Resources representative. Provide the Human Resources representative with a preliminary copy of the Supervisor's Report providing the essential information as soon as possible, but no later than the next working day after being notified of the injury or illness.

 

c.   The supervisor forwards the completed Supervisor's Report of Incident, Injury, or Illness to the department head or account manager through the assigned ADSO for review and signature. The signed original report must reach the Human Resources representative within seven calendar days of notification that an incident, injury, or illness has occurred.

 

d.   Additional responsibilities of the supervisor:

 

1)   Disseminate information relating to accident prevention;

2)   Promote a safe and accident free environment;

3)   Give prompt attention to the elimination of unsafe conditions, unsafe behaviors or hazards; and

4)   Adhere to safety policies of the University and the State of Texas.

 

04.04  Department Head or Account Manager Responsibilities:

 

a.   Insure that department procedures are instituted to report all injuries or illnesses;

 

b.   Notify the Human Resources representative immediately, to report any of the following:

 

1)   any serious injury;

2)   any work-related illness or injury resulting in death; or

3)   accidents involving more than one employee.

 

c.   Review and sign the Supervisor's Report of Incident, Injury, or Illness and take appropriate action. Distribute the report as follows:

 

1)   Retain a copy of the report in the department;

2)   Forward the original report to the Human Resources representative in Human Resources.

 

d.   Provide the Human Resources representative with necessary information for the preparation of the Employer’s First Report of Injury or Illness (DWC-1S). An Employer’s Report must be submitted to the SORM by the Human Resources representative within five calendar days after the employer is notified of the injury.

 

e.   On the day the incident occurs, submit to the Human Resources representative, copies of the employee's time sheets for the current month and three months prior.

 

f.    Employees who request to return to work after filing a workers’ compensation claim must be referred to the Human Resources representative to be administratively cleared before returning to work.  Employees with a doctor's release that has defined limitations may return to work, if possible, under the Return to Work program, see Section 01.02.

 

g.   Return to work with restrictions:

 

1)   Department heads and account managers cannot allow an employee to return to work with medical restrictions without coordinating with Human Resources. Requests from account managers for employees to return to work with work restrictions will be reviewed by the Human Resources representative for applicability. Approval to return to work with restrictions will require the joint verbal approval of the Human Resources representative and the employee's department head or account manager. The Human Resources representative will follow up with an e-mail confirmation of the approval.

2)     Temporary assignment in a restricted duty status under the Return to Work program will not exceed sixty accumulative calendar days per claim.

 

04.05  Human Resources Representative Responsibilities: The Human Resources representative must have a thorough understanding of the benefits and administrative procedures necessary to coordinate workers' compensation claims for university personnel. Specific duties include:

 

a.   Provide personal briefings, if possible, to each employee who incurs a qualifying workers' compensation injury or illness. The briefing will apprise the worker of their rights and explain the procedures that will occur. The personal briefing will point out that the Human Resources representative serves as the liaison between the employee, SORM, medical providers, and the employee's department;

 

b.   Ensure that immediate notification is made to the SORM of any serious injury or work-related illness or injury resulting in death, or injury involving more than one employee;

 

c.   Complete and process all workers' compensation injury or illness reports;

 

1)   Verify that the employee has lost one or more work days, or has incurred medical expenses as a result of an injury or illness occurring in the course and scope of his or her duties.

2)   Forward reports to the SORM.

3)   A copy of the DWC-1S will be mailed to the employee.

 

d.   Administratively clear employees to return to work following a period of lost work time due to a work-related injury. Clearance to return to work will require a doctor's signed and dated statement (DWC-73) releasing the employee to return to work;

 

e.   Serve as the Return to Work coordinator; see Section 01.02 for the Return to Work program;

 

f.    Assure that employees who have a restrictive release will be allowed to return to work only with, and after, joint approval of the department head or account manager and the Human Resources representative;

 

g.   Provide a copy of monthly workers’ compensation leave summary to the  Environmental Health, Safety & Risk Management Office.

 

04.06  Accident Prevention Coordinator (Director, Environmental Health, Safety & Risk Management) Responsibilities:

 

a.   Responsible for implementing and administering the Accident Prevention Program at Texas State;

 

b.   Responsible for activities related to Workers' Compensation inspections and follow-up actions.

 

1)   Schedules inspections, coordinates state agency assistance visits with administrators, and workshops;

2)   Conducts accident prevention assessments of University facilities and operations to identify potentially hazardous conditions and unsafe behaviors and activities;

3)   Coordinates implementation of recommendations for elimination of hazards and unsafe behaviors and activities identified on assessments, investigations, or surveys;

4)   Provide department heads and account managers with relative data on inspection reports and follow-up activities (i. e., status reports). Information regarding assessment and investigation status will also be provided to:

a)   Vice president responsible for the department and activity;

b)   Human Resources representative; and

c)   University Safety Committee.

5)   Communicate with the SORM via regular University channels for outside correspondence.

 

05.       PROCEDURES FOR TERMINATION OF EMPLOYMENT

 

Termination shall be in accordance with Texas State UPPS No. 04.04.40, "Disciplining and Terminating Staff Employees".

 

05.01  Texas State will not discharge or in any other manner discriminate against an employee because the employee has:

 

a.   filed a workers' compensation claim in good faith;

 

b.   hired a lawyer to represent the employee in a workers' compensation claim;

 

c.   instituted a workers' compensation proceeding; or

 

d.   testified or is about to testify in a workers' compensation proceeding.

 

05.02  The University is not required to hold a job open for an absent employee for an indefinite period of time. The University may terminate the employment of an absent employee for legitimate business reasons.

 

a.   The department will determine each situation on a case-by-case basis, according to individual merits.

 

b.   While length of absence from work is a factor, the decision on whether to terminate an absent employee will not be made on the basis of the length of the absence alone.

 

c.   The department will identify other legitimate business reasons that justify terminating the employee under these circumstances.

 

05.03  Legitimate business reasons include:

 

a.   Whether the nature of the injury or illness prevents the employee from performing the essential functions of his or her position with or without reasonable accommodation. The employee is responsible for providing a medical prognosis showing when he or she can return to work.

 

b.   Whether other persons are available to perform the duties of the employee’s position during the employee's absence.

 

c.   The importance that the employee's duties be performed timely in order for the employee’s department to accomplish its mission or work requirements.

 

d.   The impact of the employee’s absence on other employees, for example, an increased workload on other employees.

 

e.   Regardless of the existence of these or other legitimate business reasons, it is the University’s policy to discharge an employee who misses more than 180 consecutive days of work.

 

05.04    Termination Letter

 

a.   The termination letter must include a specific termination date. The termination date must be the current date or a future date. The letter must clearly state that the termination was not based on the employee having filed a workers' compensation claim. The employee should sign a receipt for the termination letter, either by signed personal acknowledgment of having received the notice or via certified return receipt mail. The department will retain the receipt and provide a copy to the Human Resources representative, Human Resources Director and the divisional vice president.

 

b.   The Human Resources representative should be consulted for appropriate wording of the termination letter. The Human Resources representative will contact the University Attorney, should there be any questionable situations.

 

c.   The Human Resources representative will notify the Assistant Director of Human Resources for Compensation and Employment of pending terminations.

 

05.05  Family and Medical Leave Act (FMLA)

 

Employees may not be terminated if they are protected under the Family and Medical Leave Act (12 week period of time). FMLA is a separate personnel action unrelated to the Workers' Compensation Act and associated workers' compensation claim. The FMLA is administered by Human Resources under UPPS No. 04.04.30, "University Leave Policy".

 

06.       REVIEWERS OF THIS UPPS

 

06.01    Reviewers of this UPPS include the following:

 

Position                                                          Date

 

Director, Human Resources                        May 1 E3Y

 

Director, Environmental Health,                   May 1 E3Y

Safety & Risk Management

 

University Attorney                                        May 1 E3Y

 

Chair, Faculty Senate                                   May 1 E3Y

 

Chair, Staff Council                                       May 1 E3Y

 

07.       CERTIFICATION STATEMENT

 

This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.

 

Director of Human Resources; senior reviewer of this UPPS

 

Vice President for Finance and Support Services

 

President