Brigham and Women s Hospital Human Resources Policies and Procedures

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1 Brigham and Women s Hospital Human Resources Policies and Procedures SUBJECT: POLICY #: EMPLOYEE WORK-RELATED INJURY AND ILLNESS REPORTING HR-405 Effective Date: January 1, 2008 Revised: January 1, 2013 POLICY It is the policy of the Brigham and Women s Hospital to require employees and supervisors to follow the steps outlined below for reporting and responding to work-related injuries or illnesses. A work-related injury or illness is any injury or illness arising out of and during the course of employment. Covered employees are those paid through the Payroll Department. This policy applies to employees who are subject to a collective bargaining agreement unless the policy conflicts with the specific provisions of their collective bargaining agreement. An employee is required to immediately report their work-related injury/illness to their supervisor and Occupational Health Service. The employee s approval for workers compensation is determined by Partner s Workers Compensation Division. I. REPORTING WORK-RELATED INJURIES / ILLNESSES Employee It is the responsibility of employee to report all work-related injuries and illnesses to (a) his/her supervisor or (b) the supervisor on duty and (c) OHS, immediately following the incident, or the next business day. It is the responsibility of the employee with the assistance of the supervisor or supervisor on duty (as needed) to accurately and thoroughly complete the Employee Incident Report" form. Failure to report work-related injuries and illnesses in a timely manner may result in the denial of benefits under the workers compensation law. Supervisor Upon being advised of the incident, the supervisor on duty at the time of the incident should report immediately to the scene of the occurrence to ensure prompt medical attention for the employee(s) involved and address any safety hazards which may have caused or contributed to the incident. In the event the incident occurs outside the employee s home department, the supervisor on duty in the area where the incident occurs should report to the scene immediately. The supervisor should document the names of any co-workers of the injured employee who may have witnessed the incident.

2 The supervisor should advise the office of Environmental Safety of immediate hazards which warrant prompt investigation and/or remedy. II. MEDICAL ATTENTION In the event an injury or illness requires medical attention, the supervisor should direct the employee to the OHS Mid-campus Clinic between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday (exclusive of holidays). All serious injuries and illnesses occurring at any time, as well as non-emergent injuries and illnesses occurring when the OHS is closed, should be referred to the Emergency Department (ED). NOTE: Time spent in OHS or the ED due to a compensable work related injury or illness is considered work time. Once seen, a determination will be made to either send the employee home or return him/her to work. The time in OHS or the ED should be recorded as non-productive work hours for payroll purposes. The "Employee Incident Report" form should accompany the injured employee to OHS. If no medical treatment is required or if the employee is treated in the ED, the employee or supervisor should bring/send via interoffice mail the "Employee Incident Report" form to OHS for processing. Employees should inform OHS or the ED if s/he believes his/her injury or illness is work-related to ensure proper billing occurs. Employees requiring medical attention following a work-related injury or illness should receive initial treatment by the OHS or ED as outlined above. If additional medical treatment is required, then the injured employee will be offered to treat with BWH OHS, a BWH treating specialist (as necessitated by injury severity) or their own treating provider. III. WAGE REPLACEMENT Accepted Claims An employee who is out of work 5 calendar days or less will be paid with review hours for the days he/she was scheduled to work. OHS approves the use of the review hours prior to submission to payroll. An employee will be paid in full for the day in which the injury/illness occurs regardless of the time scheduled but not worked. For injuries/illnesses that result in the loss of work for 5 or more calendar days, a Workers Compensation claim will be filed by the Partners Workers Compensation Division.. Beginning with calendar day 6, employees will be paid in accordance with the Workers Compensation Act. If an employee is receiving the state established maximum workers compensation benefit, he/she may choose to supplement these payments with BT or extended sick leave hours (if applicable) up to their regular net pay. To request supplemental pay, an

3 employee should contact Partner s Workers Compensation Division, who determines eligibility. Denied Claims If an employee s Workers Compensation claim has been denied, the employee may be paid pursuant to HR-403 Leave of Absence Policy. IV. LOST TIME FROM WORK If an employee loses time from work following a work-related injury or illness, the supervisor/manager should notify OHS and the BWH Leave of Absence Coordinator. Employee who has lost time from work, due to a work-related injury, needs to be in contact with OHS. Once the employee is cleared to return to work by their treating provider, OHS will communicate work status with the supervisor/manager and the BWH Leave of Absence Coordinator. V. TRANSITIONAL DUTY Employees receiving temporary total disability (TTD) benefits as a result of a work related injury or illness may be eligible for participation in the Transitional Duty Program. Coordination of this program is handled by OHS. Employees in the transitional duty program are paid their base rate of pay for transitional duty work. Differentials will be paid in accordance with hospital policy. Hours worked in transitional duty assignments are not counted towards FMLA time. Benefit deductions will continue during transitional duty. An employee who is not making progress towards their return to full functioning may be removed from the transitional duty program at any time at the discretion of the OHS case manager. An employee who is not able to return to their regular job at the end of the transitional duty period will be further evaluated to determine if they are eligible for workers compensation benefits, or in cases where the functional restrictions are permanent, to determine if a permanent job change will be more suitable. VI. BENEFITS 1. Employees who qualify for Family and Medical Leave Act (FMLA) An employee who sustains a work related injury/illness involving lost work time and who qualifies for a leave of absence under the FMLA will be placed on such leave in accordance with hospital policy (Please see HR Leave of Absence Policy)

4 a. Benefit time (BT) hours continue to accrue for 60 calendar days. b. Medical/Dental/Vision Insurance: An employee enrolled prior to the work related injury/illness will continue to pay the subsidized rate for the first 12 weeks of leave. Medical plan opt-out payments will end on the last day paid and will resume when the employee returns to work. c. Life/Long Term Disability/ Accidental Death and Dismemberment Insurance: Coverage will be maintained for the duration of the leave or as plan documents require. Employees who are out of work for more than 90 days may be eligible for long term disability (LTD). The maximum allowable time an employee can apply is up to six months after the first 90 consecutive days out of work. To obtain more information on this benefit, employees may contact the corporate benefits office 2. Employees Who Do Not Qualify for FMLA An employee who sustains a work related injury/illness involving lost work time and who does not qualify for an FMLA leave will be placed on a Non-FMLA Medical Leave for up to 60 calendar days. An employee s position may be held for his/her return during this period. a. Benefit Time continues to accrue for 60 calendar days. b. Medical/Dental/Vision Insurance: An employee enrolled prior to the work related injury/illness will continue to pay the subsidized rate for the first 60 days of leave. Medical Plan opt-out payments will end on the last day paid and will resume when the employee returns to work. 3. Benefit Status Beyond FMLA or 60 Calendar Days An employee who is unable to return to work at the end of an FMLA leave or the 60 calendar day Non-FMLA Medical Leave will remain on a Work Related Injury/Illness Leave of Absence. An employee s position is not guaranteed at this time. a. Benefit Time accruals will be discontinued. b. Medical/Dental/Vision Insurance: An employee will be billed monthly for the full cost of health and dental premiums. c. Core Life and Core Accidental Death and Dismemberment Insurance: Coverage will be maintained for the duration of the leave or as plan documents require. d. Optional Life Insurance for Employees/Dependents: An employee will be billed for optional life insurance coverage(s) for up to 12 months from their last day worked. Thereafter, employees must apply for a waiver of premium with the insurance company. e. Personal and Family Accident Insurance: Coverage will be maintained for six months from the last day worked. Note: For additional information or questions, employees may contact the Corporate Benefits Office.

5 APPROVED BY: Vice President Human Resources Chief Operating Officer This policy is intended as a guideline to assist in the consistent application of Brigham and Women s Hospital policies and programs for employees. The policy does not create a contract implied or expressed, with any hospital employees who are employees at will. The hospital reserves the right to modify this policy in whole or in part, at any time, at its sole discretion.

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