Policy Number: 100

Workers' Compensation Insurance

Subject:

Worker compensation benefits

Scope:

Employees, including student appointees in a student job title and on the university payroll

Date Reviewed: February 2014

Responsible Office: Risk Management and Insurance

Responsible Executive: Vice President Safety, Health, Environment and Risk Management

I.     POLICY AND GENERAL STATEMENT

The University of Texas Health Science Center at Houston ("university") participates in a program of self-insurance that provides worker compensation benefits for employees who suffer compensable injury or occupational disease while performing duties within the course and scope of their employment. Any questions concerning Workers' Compensation Insurance Coverage should be directed to Risk Management and Insurance ("RMI").

II.     DEFINITIONS

Compensable Injury: An injury arising out of, and in the course and scope of, employment for which compensation is payable according to law.

Occupational Disease: A disease arising out of the performance of, and in the course of, employment that causes damage or harm to the physical structure of the body including other disease or infections naturally resulting from the work-related disease.  An ordinary disease of life to which the general public is exposed is not considered an occupational disease unless it is the result of an incident related to a compensable injury or occupational disease.

III.     PROCEDURE

A. Reporting Accidents, Injuries and Occupational Diseases

All on-the-job injuries, accidents and occupational diseases, regardless of the severity, must be reported by the employee to his/her supervisor immediately after occurrence. An employee must report an injury within 7 calendar days of the date on which the injury occurs or, if the injury is an occupational disease, within 7 calendar days of when the employee knows or should have known that the occupational disease may have been related to employment. If an employee fails to report an injury and is unable to work the following day, that person will be required to see a health care provider or be considered absent without permission. The supervisor will complete the Supervisor's First Report of Injury as soon as the injury is reported and will send it immediately to RMI.

B. Seeking Medical Attention

Supervisors must offer to contact an appropriate health care facility for an injured employee. The employee has the right to refuse medical treatment. The employee’s refusal should be noted on the First Report of Injury form. If the health care provider is not a member of UT System’s IMO Health Care Network, the employee may be responsible for the medical costs associated with the claim. A list of providers in the IMO Health Care Network can be found on the network’s website. Emergency treatment is an exception. Contacts with health care facilities for individuals who require medical attention and who are employed in the Houston area are to be recommended as follows:

The supervisor may accompany any employee who requires medical attention to the appropriate medical facility.

An employee who is unable to return to work on the date of injury will be paid in full for the normally scheduled hours for that day.

C. Record-keeping and Leaves

When the injured individual is disabled from work for time other than that required for initial medical treatment, a Workers' Compensation Insurance Request for Paid Leave form must be completed and signed by the injured individual and the supervisor. This form must be submitted even if the person is an employee who elects not to use paid leave to remain on the payroll during the period of disability. Such election should be noted on the form.

Lost time due to work-related injuries or occupational disease may qualify for coverage under the Family and Medical Leave Act provided the employee meets the eligibility requirements. See HOOP Policy 106 Family and Medical Leave.

If the employee elects to use paid leave, the employee must first exhaust sick leave. Once sick leave has been exhausted, he or she may choose to use other paid leave in lieu of receiving temporary income benefits (“TIBs”). Prior to making an election concerning the use of other paid leave, the employee will be advised that, although there is a seven-day waiting period where TIBs are not payable, should disability extend to the fourteenth day after the first day of disability, the carrier will then issue a TIBs payment for the waiting period. TIBs are not payable as long as paid leave is being used. When the designated portion of sick and other paid leave is exhausted, the employee will be placed on a leave of absence without pay until the earlier of:

Any weekly benefits paid are in accordance with the Texas Workers' Compensation Act.

D. Return to Work

An employee placed on leave of absence for a compensable injury will be returned to work when a work status report (DWC 73) which releases an employee to return to full-time or modified duty employment (see HOOP Policy 19 Temporary Modified Duty Assignments) is submitted to RMI or the supervisor.

An employee who is unable to return to work at the specified time must return to the health care provider for approval to remain off work; otherwise the person's absence will be considered unauthorized. Continued unauthorized absence may result in termination.

An employee who requires time off for medical treatment related to the injury may be required to provide his or her supervisor with a health care provider’s release to return to work for each incidence of time off taken.

E. Death Benefits

If the death of an employee results from a compensable injury or occupational disease, death and survivor benefits are payable to the legal beneficiaries in accordance with the Texas Workers' Compensation Act.

IV.     CONTACTS

ContactTelephoneEmail/Web Address
Risk Management and Insurance 713-500-8100 http://www.uthouston.edu/safety/risk-management-and-insurance/