Workers' Compensation

Purpose

Any University employee who is injured or incurs an occupational disease or death, normally without regard to fault, as a result of University employment, is covered by the Kentucky Worker’s Compensation Act, the University's Worker's Compensation Program, and the University of Kentucky Worker’s Care Program Managed Care Organization.

Policy

1) The University, on a self-funded basis, funds this program which provides benefits to include payment of medical expenses, compensation, and death indemnities appropriate to the particular case.

1. Under this program, the University may contract with a Managed Care Organization (MCO) to provide medical treatment, case management and other related services.
2. An employee shall be seen by a medical provider designated by the MCO.
3. Failure of an employee to see a designated medical provider shall result in denial of payment, unless the injury is life threatening and requires immediate medical attention.
4. The name/location of an approved medical provider shall be furnished when an injury or occupational disease is reported.

2) Additional time off or pay is not authorized for holidays or special holidays which occur during a compensable worker’s compensation absence.

3) This policy applies to all cooperative extension employees on federal appointment who were previously covered by the benefits of the Federal Employee’s Compensation Act.

4) In the event an on-the-job injury results in total disability and the employee is approved for benefits under the University’s long term disability plan, the employee shall receive the total amount of the greatest single benefit.

5) Injury as a result of horseplay while at work is not a work-related injury.

Employee’s Rights and Responsibilities

1) A worker’s compensation absence shall not be charged against the employee’s vacation or temporary disability leave (TDL) if a suitable work excuse is provided by a MCO physician.

2) An employee may choose to utilize accrued vacation or temporary disability leave (TDL) when the worker’s compensation pay is less than the employee’s regular pay. This shall not exceed the regular compensation amount.

3) A period of absence under worker’s compensation does not constitute a break in service.

4) An employee receiving treatment/evaluation for a work-related injury is required to submit a copy of any return to work authorization to his/her immediate supervisor within two working days. This authorization shall list any work restrictions and be completed by the treating health care provider.

5) When an employee returns to work for 10 consecutive working days, they are entitled to full credit for vacation and TDL that accrued during the period of absence from the job.

6) An employee returning to work from an accepted worker’s compensation claim shall be given time with pay for follow-up medical care relative to the work-related injury.

7) An employee who has a work-related injury or exposure shall refrain from any activity that may negatively impact recovery and/or delay a return to work.

8) During a worker’s compensation absence, the employee shall make arrangements with the Human Resources Office of Employee Benefits (Employee Benefits) to pay for any employee paid portion of benefits (i.e., optional life insurance, health care coverage, etc.).

University Rights and Responsibilities

1) The University may investigate all accidents in which a worker’s compensation claim is filed.

2) The University may require an employee to submit to an independent medical evaluation (IME) and/or vocational assessment.

3) The University may take appropriate corrective action and/or deny benefits in cases where an employee

1. Falsifies documents,
2. Refuses to cooperate in claims processing, or
3. Acts in a fraudulent manner.

4) The University shall continue to pay for an employee’s basic life insurance coverage and the health credit during a compensable worker’s compensation claim.

Process

Administration of the University’s Worker’s Compensation Program is a function of Employee Benefits.

1) Any work-related injury or hazardous exposure shall be immediately reported to the supervisor.

2) All work-related injuries or exposures shall be immediately reported by calling the Worker’s Care Program at 1-800-440-6285.

1. When an employee returns to work, the supervisor or employee shall immediately telephone or send written notice to Employee Benefits. The report should include exact date and time the employee returned to work.
2. Failure to report a work-related injury or exposure may result in denial of a claim and/or appropriate corrective action for the responsible supervisor.

3) Cost Distribution of Compensation Payments

1. For regular employees, the first seven calendar days of any compensable work-related absence shall be paid by the employee’s department.
2. For temporary employees, the first seven calendar days are not compensable, unless the employee is absent for 14 or more days. In this case, the first seven days will be paid by the worker’s compensation program.
3. Beginning on the eighth calendar day of a work-related injury or disease, statutory benefits, as provided by state law, shall be paid and charged to the University's miscellaneous fringe benefits accounts.

4) An employee on federal appointment shall comply with the provisions of the Federal Employee’s Compensation Act.

5) Family Medical Leave shall run concurrently with worker’s compensation absences as applicable.