Workers' Compensation
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| 96.1 | Policy | ||
| 96.1.1 | Any University employee who is injured or incurs an occupational disease or death, normally without regard to fault, if such injury, occupational disease, or death occurs as a result of University employment, is covered by the provisions of the Kentucky Workers’ Compensation Act and the University of Kentucky Workers' Compensation Program. | ||
| NOTE: To report an on-the-job injury or exposure, see 96.3.2 of this policy. | |||
| 96.1.2 | The University, on a self-funded basis, funds this program which provides benefits in the form of payment of medical expenses, compensation, and death indemnities appropriate to the particular case. | ||
| 96.1.2.1 | Under this self-funded program, the University may contract with a managed care organization to provide medical treatment, case management and other related services. | ||
| 96.1.2.2 | An employee who is injured or incurs an occupational disease shall be seen only by a physician or other medical provider designated by the managed care organization. | ||
| 96.1.2.3 | Failure to see a physician or other medical provider designated by the managed care organization shall result in denial of payment, unless the injury is life-threatening and requires immediate medical attention. | ||
| 96.1.2.4 | The name and/or location of an approved physician or other medical provider shall be furnished when an injury or occupational disease is reported. | ||
| 96.1.3 | Additional time off or pay is not authorized for holidays that occur during a compensable workers’ compensation absence; statutory benefits will be paid. | ||
| 96.1.4 | The policy applies to all cooperative extension employees on federal appointment who were previously covered by the benefits of the Federal Employees' Compensation Act. | ||
| 96.1.5 | In the event that 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, but in no event, shall any combination of benefits exceed the greatest single benefit. | ||
| 96.1.6 | An on-the-job injury or exposure to disease to an employee or death of an employee that occurs as a result of horseplay is not a work-related injury and, as such, is not compensable as a workers’ compensation claim. | ||
| 96.1.7 | The Employee's Rights and Responsibilities | ||
| 96.1.7.1 | An employee’s absence due to on-the-job injury or disease shall not be charged against the employee’s vacation or temporary disability or sick leave. | ||
| 96.1.7.2 | An employee may elect to utilize vacation or temporary disability or sick leave (accrued prior to the injury) when workers’ compensation pay is less than regular compensation, but in no event may the combination of regular compensation and workers’ compensation pay exceed the regular compensation amount. | ||
| 96.1.7.3 | Any period of time during which an employee is absent from work by reason of injury compensable under workers’ compensation event is not a break in continuous service for purposes of eligibility for temporary disability leave, vacation leave, salary adjustment, retirement, etc. | ||
| 96.1.7.4 | An employee receiving medical treatment or evaluation for a work-related injury is required to provide a copy of the return-to-work authorization to the immediate supervisor within two (2) working days. The return-to-work authorization lists any work restrictions and shall be completed by the attending physician or other medical provider. | ||
| 96.1.7.5 | Upon returning to work for at least ten (10) consecutive working days, an injured employee receives full credit for vacation and temporary disability leave that accumulated during the period of absence from the job when benefits were received under the University’s Workers’ Compensation Program. | ||
| 96.1.7.6 | An employee returning to work from a compensable workers' compensation claim shall be given time off with pay for workers' compensation approved matters such as follow-up medical visits, physical therapy, etc. | ||
| 96.1.7.7 | An employee who has an on-the-job injury or exposure shall refrain from any activity that might adversely affect recovery and/or delay return to work. | ||
| 96.1.7.8 | During a workers’ compensation absence, the employee shall make arrangements with the Employee Benefits Office of Human Resource Services to pay for any employee-paid portion of benefits, i.e., optional life insurance, health care plan coverage amount beyond the credit, etc. | ||
| 96.1.8 | University Rights and Responsibilities | ||
| 96.1.8.1 | The University may investigate all accidents in which a workers' compensation claim is filed. | ||
| 96.1.8.2 | The University may require an employee to submit to an independent medical evaluation and/or a vocational assessment. Generally, an independent medical evaluation and/or a vocational assessment shall be given presumptive weight in making decisions on workers’ compensation claims. | ||
| 96.1.8.3 | The University may take appropriate disciplinary action (see HRP&P 12.1.3) and/or deny benefits in cases where an employee (a) falsifies official documents, (b) refuses to cooperate in claims processing, and (c) acts in a fraudulent manner. | ||
| 96.1.8.4 | The University shall continue to pay for an employee's basic life insurance coverage and the health credit toward the employee's health care plan during a compensable workers’ compensation claim. | ||
| 96.2 | Delegation | ||
| 96.2.1 | Administration of the University’s Workers’ Compensation Program for University employees is a function of the Employee Benefits Office. | ||
| 96.2.2 | Investigating and servicing of workers’ compensation claims are the responsibility of the Employee Benefits Office. | ||
| 96.2.3 | The Employee Benefits Office may contract with a third party administrator/company to provide services in the administration of the workers’ compensation program as well as in investigation and servicing workers’ compensation claims. | ||
| 96.3 | Procedure | ||
| 96.3.1 | Any injury or hazardous exposure arising out of and in the course of employment shall be reported at once to the immediate supervisor for instructions on procedures for obtaining medical treatment. Prompt and accurate reporting of all accidents to the supervisor is mandatory to assure proper handling of claims. | ||
| 96.3.2 | All on-the-job injuries and/or disease exposures shall be immediately reported by calling the Workers’ Care Program at 1-800-440-6285. | ||
| 96.3.2.1 | When the injured employee is released by the doctor and returns to work, the departmental supervisor or employee shall immediately telephone or send written notice to the office of Employee Benefits to report the exact date and time the employee returned to work. | ||
| 96.3.2.2 | Failure to report a work-related injury or disease exposure may result in a denial of a claim and/or appropriate discipline for the responsible supervisor. | ||
| 96.3.3 | Cost Distribution of Compensation Payments | ||
| 96.3.3.1 | For regular half- and full-time employees, the first seven (7) calendar days of any occupational disability resulting from injury or disease shall be paid as a part of and charged to the salary account of the employee’s department. For temporary employees, the first seven (7) days are not compensable, unless the employee is off work for fourteen (14) or more days due to the workers’ compensation claim. In the latter case, the first seven (7) days shall be paid by the workers’ compensation program. | ||
| 96.3.3.2 | Beginning on the eighth (8th) calendar day of a work-related disability or occupational disease, statutory benefits as provided by state law, shall be paid and charged to the workers’ compensation accounts that are administered by the Employee Benefits Office. | ||
| 96.3.3.3 | Temporary disability and vacation leave, if utilized, shall be charged to the employee’s departmental account. | ||
| 96.3.3.4 | Departments may call the Employee Benefits Office for instructions pertaining to this cost distribution. | ||
| 96.3.4 | To seek benefits for an on-the-job injury or exposure, an employee on federal appointment shall comply with the provisions of the Federal Employees’ Compensation Act. | ||
| 96.3.5 | Payments of statutory benefits to employees for work-related injuries and disease are excluded from taxation. | ||
| 96.3.6 | The department shall designate an absence for workers’ compensation as Family Medical Leave (FMLA), i.e., workers’ compensation time off and FMLA run concurrently, until one expires (see HRP&P 88.1.7.2). | ||