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Administrative Services Human Resource Service Center Employee and Management Services Staffing and Career Management Services Organization Development Work/Life Services
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Supervisor's Guide to Workers' Compensation Insurance
Section IIntroductionAs a supervisor, you are the key individual who must take the kind of action necessary to achieve the following: 1) Reduce Workers' Compensation Insurance (WCI) claims by PREVENTING injuries to your employees through daily safety AWARENESS and ACTION in the identification and elimination of workplace hazards. 2) Controlling costs and loss of productivity to your department, the institution, and the taxpayers of Texas by INVESTIGATING INJURIES WHEN THEY OCCUR. 3) IMMEDIATELY REPORT all injuries, occupational diseases, and fatalities to your departmental WCI Representative. All injuries must be reported in a timely manner.
4) Encourage and facilitate the employee's return to work as soon as a release is issued by the employee's treating physician. Ref. HOP 7.E.03. Call Mark Steitle, Manager, HRS - WCI, 471-3133, for assistance and/or authorization to *WCMENU. Section IIEmployer's First Report of InjuryWhen an employee is injured on the job, the supervisor should notify the departmental WCI Representative in order to process an Employer's First Report of Injury or Illness (FAD). The FAD form is available on the UT mainframe, application *WCMENU. Special authorization is required to access the *WCMENU application. (Contact HRS - WCI to request authorization for *WCMENU.) Each question on the FAD should be answered thoroughly and completely. If the supervisor questions the legitimacy of the injury or has additional information (this includes any information from a supervisor, employee or witnesses) the information should be promptly forwarded to the HRS-WCI Office. If you have questions concerning the reporting process you should call Mark Steitle at 512-471-3133 for assistance. Each time an employee reports a new on-the-job injury, or you have knowledge of an injury, you should record and relay the information to your departmental WCI Representative without delay. The HRS - WCI Office will review the FAD and forward it along with any bills to the UT System WCI Office. Incomplete Reports will result in processing delays. Supervisors should be aware that it is against university policy to discharge or, in any other manner, discriminate against an employee because the employee has filed a Worker's Compensation claim. However, an on-the-job injury does not "guarantee" a job with the university. An employee may be disciplined or discharged for a number of valid reasons, including making fraudulent statements concerning an injury, or for other reasons which would generally lead to discipline or discharge under stated university policy. Medical BenefitsAn employee who sustains an on-the-job injury may be referred to any convenient hospital emergency room or minor-emergency clinic for treatment as may be deemed "reasonable and necessary." The injured employee may choose to be treated by his/her personal physician, in which case they should refer the physician's office staff to HRS - WCI, at 512-471-3133 for WCI verification and billing information. Weekly Compensation BenefitsAn employee who sustains an on-the-job injury resulting in disability from work may be eligible to receive weekly indemnity benefits through WCI. Weekly indemnity benefits begin to accrue on the eighth day of disability, or upon expiration of the designated paid leave period as indicated on the Request for Paid Leave Form (S23). An employee who does not have a sufficient amount of paid leave to remain on the payroll for the seven (7) day waiting period may exhaust what paid leave time he/she has. The employee then must be placed on Leave Without Pay (LWOP) for the remainder of their time off work. Temporary Income Benefits (TIBs) are paid weekly and will begin on the eighth day of disability. TIBs checks are vouchered and coordinated through the UT System WCI Office. All compensation checks are mailed directly to the employee, so please verify that the correct address is shown on the First Report of Injury. Request for Paid Leave Form (S23)When an injured employee is off work for a day or more, other than the initial day of injury, a Workers' Compensation Insurance Request for Paid Leave form (S23) should be completed and signed by the injured employee and a departmental representative. The S23 form must be submitted even if the employee chooses not to use any paid leave. Such election should be noted on the S23. Therefore, until the employee authorizes the use of ALL or NONE of their sick leave, the employee will not be compensated at all. Every effort should be made to have the S23 signed by the employee. The original should be retained by the department with an electronic S23 being submitted using *WCMENU. Please contact Mark Steitle (512-471-3133) at the HRS-WCI Office if you have questions concerning the use of accrued leave resulting from an on-the-job injury. Other Employee BenefitsAn employee who is unable to work due to an on-the-job injury will be evaluated for benefits eligibility under the Family and Medical Leave Act (FMLA). If they qualify, they will automatically be placed on FMLA leave which will run concurrently with their WCI leave. FMLA provides for up to twelve weeks of employer paid premium sharing and job protection. During this time the employee must pay their portion of insurance premiums in order to maintain their insurance coverage. Group Insurance programs will lapse when a disabled employee is placed on LWOP for a full calendar month and he/she fails to make a premium payment. The employee should be reminded to contact HRS Benefit Services - Insurance to make arrangements to retain their insurance benefits. The employee should be reminded to keep their department advised of their current mailing address. If the employee is off work for more than ninety (90) days, they should be advised to contact Benefit Services - Insurance to file a Long Term Disability (LTD) claim, if applicable. LTD benefits are an offset against Workers Compensation indemnity benefits (TIBs). An employee may be eligible for Social Security disability benefits if it is anticipated that the employee will be disabled for a year or longer. Social Security benefits offset LTD benefits. Contact with Disabled EmployeeAs supervisor, you should contact the injured employee frequently to determine current work status. Not only will the contact enable you to learn when the employee may return to work, but it is an expression of your interest and the university's interest and concern about the employee's health. Attorney ContactAn employee may choose to retain an attorney to represent them in matters concerning their Workers' Compensation claim. Requests for accident investigations, and/or contacts by attorneys, should be referred to the UT System WCI Office at 499-4675. Returning to WorkAs the supervisor, you are responsible for ensuring that any injured employee does not return to work unless they have a Work Status Report (DWC-73) [PDF; external site] listing any limitations they may have. The arrangement for light duty is evaluated on a case by case basis in accordance with HOP 7.E.03. You should contact the HRS-WCI Office for assistance in coordinating modified-duty assignments. If an employee returns to work without a doctor's release, the employee should be instructed to obtain a current Work Status Report (DWC-73) from his/her doctor. You should forward a copy of the DWC-73 to the HRS- WCI Office. It is important that your Departmental WCI Coordinator is notified immediately after an employee returns to work in order for them to file a Supplemental Report of Injury (SR6) with the Texas Department of Insurance (TDI) within three days of the return to work date. Note: Failure to meet this reporting requirement carries a possible maximum fine of $25,000/day. An employee whose insurance has lapsed should contact Benefit Services - Insurance, regarding reinstatement of their insurance. Section IIISummaryWhenever the supervisor receives notice of an injury or occupational disease, the employing department must do the following:
In addition, supervisors should:
Safety-Accident PreventionThe supervisor should conduct safety inspections regularly. Any unsafe condition should be corrected without delay. You may review the OSHA Regulations by visiting the Occupational Safety and Health Administration (OSHA) Web site. For on-campus assistance with work site safety, please contact: UT Austin Environmental Health and Safety |
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