1 Policies of the University of North Texas Health Science Center Worker s Compensation Insurance Chapter 05 Human Resources Policy Statement. The University of North Texas Health Science Center at Fort Worth provides Workers' Compensation Insurance for all employees under the provisions of the Workers' Compensation Act for Texas State employees. The purpose of this policy is to provide protection against physical injuries and occupational illnesses and diseases that arise out of and in the course and scope of employment. Application of Policy. Faculty and Staff Definitions. 1. Eligibility: An employee is eligible to file for Workers' Compensation benefits under Article 8309g, the Texas State Workers' Compensation Act, provided: a.) The person is an employee of the University of North Texas Health Science Center at Fort Worth. This includes part-time, temporary, student employees, and faculty, and b.) The physical injury or occupational illness or disease occurred as a result of or in the course of employment. Procedures and Responsibilities. Procedure / Duty 1. Employee Benefits: Workers' Compensation provides both medical and indemnity benefit payments for and to eligible employees. Responsible Party Employee/ Human Resource Services a.) Medical and Hospitalization Benefits: Injured employees are entitled to medical care; hospital services, nursing, chiropractic services, and such medicines as may be reasonably required at the time of injury and at any time thereafter, to provide care and relief from the effects naturally resulting from the injury. i. Selection of Licensed Practitioner: Employees have the right to select or choose the persons and facilities to furnish medical and health services but will be encouraged to seek treatment at the health science center s Family Medicine Central Clinic if the work related injury /illness is of a minor nature and can be resolved with first aid. Family Medicine will IDT (charge) the
2 employee s department for the direct cost of medical supplies. The physician s time or services will not be charged to the injured employee s department. An employee may change the licensed practitioner once; however, additional approval is required by the State Office of Risk Management and will be required for the second change of licensed practitioner. ii. Medical Fees and Charges: Licensed practitioners rendering care to the employee are responsible for rendering and providing an initial report to the health science center as soon as possible, identifying the injured employee, stating the nature and extent of injury/illness, and thereafter providing subsequent reports to keep updated the medical status of the claimant s known employee. Itemized medical bills are payable only if itemized and the prescribed reports are made. They should be sent to the State Office of Risk Management for payment. iii. Employees believed to be eligible for Workers' Compensation medical benefits should inform the licensed practitioner or pharmacist that the injury may be covered by Workers' Compensation provided by the State of Texas. b.) Disability Income: In cases of incapacity for work, an employee is entitled to receive weekly payments of compensation. The amount of benefit payments and the benefit period are established by State law. c.) Death Benefits: Workers Compensation provides benefits for the beneficiaries of an employee who dies as a result of or in the course and scope of employment with the health science center. The amount of payment is established by State law. 2. Leave Without Pay: After exhausting sick and annual leave (if the employee elected this option) the employee may be granted leave without pay as in accordance with the provisions set forth for other of the leaves-without-pay policy (Policy Number ). However, an employee placed on leave without pay due to a Workers Compensation claim is not required to first expend accrued sick or vacation time, if that option is elected. An employee who elects not to use sick and vacation leave will be placed in a leave-without-pay status as provided in that policy. The departmental timesheet should record reflect the number of Employee/ Department Official/ Human Resource Services
3 leave-without-pay hours and a WC for hours taken absent due to a work-related injury or illness. The employee should also complete a Request for Leave Form that includes the same information as shown on the departmental timesheet. 3. Accident Prevention: Directors, supervisors, forepersons and all employees are responsible for preventing unsafe hazardous working conditions and especially for preventing and minimizing unsafe personnel acts. All employees are required to use department supplied personal protective equipment where applicable to minimize workers compensation injuries and illnesses. Employees who have an unusual number of accidents in a six-month period shall be properly counseled and comments made in their annual performance evaluation and/or receive further disciplinary action. Employees shall report all unsafe personnel acts and unsafe physical conditions to their supervisors promptly so that corrective action can be taken to prevent further injuries and illnesses and minimize workers compensation costs. The Safety Committee, through the Safety Office, will assist supervisors as a technical resource in carrying out all accident prevention programs. 4. Employee's Responsibilities: The employee has definite legal responsibilities that are required in order to establish a claim. Employee, Directors, Supervisors, Forepersons/ Safety Office Employee a.) Aid the Injured Party: If the injury is serious, get medical help as quickly as possible. Call the emergency phone number 2600 if an ambulance is necessary. For convenience, encourage the injured employee to go to the Family Medicine Central Clinic for treatment if the injuries are minor and require first aid only. b.) Notice of injury must be reported within 30 days after the injury occurred or manifestation of an occupational disease/illness. Claim for compensation must be filed within one year of the date of injury or the date the employee knew or should have known an occupational disease/illness may be related to his/her employment. c.) An employee or former employee who has filed a claim for Workers Compensation benefits and has reported lost time due to an on-the-job injury/illness must report to the State Office of Risk Management and the health science center any employment or income earned while receiving any benefits under Workers Compensation or face disciplinary action for fraud.
4 d.) An employee off work due to a work-related injury or occupational disease/illness must provide medical documentation for all such absences, in addition to reporting those absences in accordance with the absence/attendance policy (Policy Number ). Failure to do so will result in disciplinary action up to and including termination. 5. Supervisor's Responsibilities: The supervisor has definite responsibilities when an on-the-job injury occurs. a.) Aid the Injured Party: If the injury is serious, get medical help as quickly as possible. Call an ambulance if necessary the health science center s emergency phone number (2600) for an ambulance if necessary. For convenience, encourage the injured employee to go to the Family Medicine Central Clinic for treatment if the injuries are minor and require first aid only. Supervisor/ Human Resource Services b.) Report of Injury: All on-the-job injuries, no matter how minor, must be reported immediately by telephone to Workers Compensation, followed by completing the appropriate forms and forwarding them to Workers Compensation in Human Resource Services by the next working day after the injury/illness has occurred or been reported by the injured employee. In cases of serious injury, death or injury involving more than one employee, Human Resource Services should be notified immediately by telephone. Failure to complete and submit the appropriate paperwork within the time limit set by State law could result in the assessment of a significant monetary fine by the Texas Workers Compensation Commission. c.) Notify the Workers Compensation when an employee misses any time from work due to an on-the-job injury/illness, or returns to work after release by a medical provider. 6. Claim Coordinator's Responsibilities: The Department of Human Resource Services is responsible for the health science center's Workers' Compensation claims coordination. The department is responsible for reporting the employee's claim to the Workers' Compensation Division of the State Office of Risk Management, and for maintaining all records of Workers' Compensation claims filed on employees of the health science center in a confidential file. Human Resource Services a.) Employer's First Report of Injury or Illness Form: If the injury results in lost time and/or medical expenses, the must submit
5 the appropriate forms to the Workers' Compensation Division State Office of Risk Management by the next working day after the first notice of injury is received. b.) Employer's Supplemental Report of Injury Form: If the Employer's First Report of Injury Form did not state that the employee returned to work, a Supplemental Report Form must be completed when the employee returns to work and submitted to the Workers' Compensation Division State Office of Risk Management. A supplemental report must also be submitted if the employee's incapacity extends beyond sixty (60) days and additionally each sixty (60) days thereafter until the employee returns to work. If the employee returns to work at less than full duty and is later released to full duty, a supplemental report must also be submitted. c.) Employer's Wage Statement: This form is submitted on the ninth day of lost time, but only if the employee is disabled for at least eight (8) days, and at the request of the State Office of Risk Management. d.) Witness Report Form: This form is sent to the witness(es) indicated on the TWCCIS form to be completed and returned to Human Resource Services. A copy is forwarded to the Workers' Compensation Division State Office of Risk Management and the original is placed in the employee's confidential file in the Workers' Compensation file section. References and Cross-references. State Employees Workers' Compensation Act, S.B.283, Acts 1973, 63rd Legislature, p.187, compiled as Article 8309g, V.A.C.S. Workers' Compensation Handbook for State Agencies, November, 1998, published by the State Office of Risk Management, Workers' Compensation Division. HB 2509, The Use of Sick and Annual Leave for Injured State Workers Senate Bill 1, Texas Workers' Compensation Act. Forms and Tools. Request for Leave Form Employer's First Report of Injury or Illness Form, Supplemental Report Form Employer s Wage Statement Witness Report Form Approved: 9/1/2006
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