Human Resources Manual

Policy No.: 4-21 This policy applies to:
Policy Name: Worker’s Compensation Non-exempt staff
Effective Date: 08/01/04   Exempt staff
Revised: 07/20/16 Faculty

Policy

Loyola University New Orleans employees who incur bona fide occupational related injuries or illnesses shall be entitled to all necessary medical and hospital care. Injured employees who are disabled more than seven calendar days, and are found eligible, will also receive compensation for a portion of their lost wages. Information on employee’s rights and responsibilities under worker’s compensation can be found in the Resources section of the Risk Management website- http://finance.loyno.edu/risk/resources.

Definition

Worker’s Compensation is defined as the benefits a qualified injured employee receives from their employer for medical treatment and in lieu of their salary for lost time due to an occupational injury or illness. An occupational injury or illness is defined as a personal injury by accident or an illness of an employee arising out of the course and scope of their employment during normal working hours.

This policy applies to all employees of the University. Benefits are available only if an employee is injured while in the normal course and scope of their employment.

Procedure

If you are hurt at work or become ill because of what you think is a work-related exposure:

a) Seek first aid and medical attention. Employees can access a directory of clinics and physicians and learn more about worker’s compensation benefits here- http://www.lwcc.com/Workers/Benefits-Claims.

b) Immediately or as soon as practical report your accident or illness to your supervisor.

c) Complete Loyola's Accident/Injury Report located at injury.loyno.edu.  Upon submission, the form will be automatically routed to the Office of Risk Management.  

 

When the Risk Management office receives the appropriate information, a claim is reported to Loyola's Worker’s Compensation insurance company and to the Louisiana Office of Workers Compensation. No further action is required from you to initiate a claim, however you must keep the University informed of your condition regularly through your supervisor.

Reporting

An injured employee must ensure the appropriate documentation and medical information is provided to the University. Forms for reporting accidents/incidents are located at injury.loyno.edu.  Injured employees must obtain, complete and return this form to Risk Management within 24 hours of their injury. If the employee is unable to comply, the employee's supervisor will be responsible for completing the form on the employee's behalf.

Supervisors must also complete a Supervisor’s Accident Investigation Report located at injury.loyno.edu within 24 hours of the accident. Upon submission, the form will be automatically routed to the Office of Risk Management.

Supervisors must also notify Human Resources - Payroll and Benefits - when an employee is missing work due to a work related injury to ensure proper handling of employee wages and benefits.  Risk Management will forward a copy of the injury report to Human Resources.

Medical Treatment Procedure

All employees needing medical treatment for work-related injuries or illnesses should report to an urgent care facility, qualified physician or emergency room, which will refer the employee for further care if appropriate. Should life-threatening circumstances occur, the University Police should be called at extension 3434. LUPD will contact the appropriate personnel and paramedics. Injured employees taken to a hospital should identify themselves as Loyola University employees with occupational injuries. Proof of Workers Compensation insurance is available in the Resources section of the Risk Management website.

Workers' Compensation Benefits

If, after initial treatment or examination, the injured employee is authorized to be absent from work and/or will require additional treatment or medical care, he/she may be eligible for certain disability benefits under the Louisiana Worker’s Compensation Act. This will depend on the length of authorized absence.

Any follow-up medical/hospital expense incurred by an employee from his/her personal physician and/or hospital facility for treatment of a work-related injury must be reported to the Risk Management office or to the claims adjuster assigned to the claim. It is the responsibility of each employee to keep the University informed of his/her current medical condition.

Worker’s Compensation benefits may be postponed, withheld or suspended should the employee fail or refuse to submit detailed medical reports or other information from his/her personal physician or hospital to the University; or fail or refuse to appear for a medical examination by a physician designated by the University.

Any questions regarding Worker’s Compensation claim status, payment of medical bills, modified duty, or other matters associated with this policy should be made to the Risk Management office.

Information on employee’s rights and responsibilities under worker’s compensation can be found in the Resources section of the Risk Management website- http://finance.loyno.edu/risk/resources.

Workers’ Compensation Pay

If an employee is entitled to weekly compensation benefits because injury prevents him/her from returning to work for more than seven calendar days, Worker’s Compensation benefits are payable beginning on the eighth calendar day. The employee should receive the first benefit check within 14 calendar days after he/she notified Loyola of the injury.

Employees receiving Worker’s Compensation benefits will be paid by Loyola for normally scheduled hours (regular wages) for the first seven calendar days following the day of the accident/incident. This pay will not be charged to sick leave. If the employee is unable to work for more than 42 calendar days, Loyola's insurer will pay for the first seven calendar days. 

Once Loyola's workers compensation insurance carrier determines the injury and absence is compensable, the employee will be paid 2/3rds of their average weekly wage by the insurance company beginning on the eighth calendar day. During the second week of absence, the insurance company pays 2/3 and Loyola pays the remaining 1/3 (not deducted from sick leave). After the second week, the employee's accumulated sick leave or vacation leave, if any, will be used to pay the 1/3rd difference between the compensation paid by the insurance company and the employee's base salary. No Extended Sick Leave is paid during a Workers Compensation absence. Sick leave and vacation will not accrue during the period the employee is absent for Worker’s Compensation. Holidays falling within a Worker’s Compensation absence will be paid at the same rate the employee is receiving at that time.

A Time & Attendance Report must be signed by the injured employee or supervisor if employee is unavailable requesting that accrued sick leave and/or vacation leave be used in conjunction with any Worker’s Compensation payments received. An injured employee who is off the job due to a work related accident, and who has no sick pay or vacation pay from which benefit payments are deducted, must contact Human Resources in order to maintain their benefit coverage by paying their share of the premiums.

FMLA leave will run concurrent with Worker’s Compensation absences. At the conclusion of 12-week FMLA leave, the injured employee will receive only the compensation check from the Worker’s Compensation insurance carrier. When FMLA is exhausted, the employee may be terminated.

If an injured employee is released to return to work and has not had any lost time but may have follow up visits with their physician, the University will pay 100% of base pay up to 7 days (or a maximum of 63 hours) for this intermittent time off instead of charging the employee’s sick leave balance.  Any time off thereafter will be charged to the employee’s sick leave balance.

Timesheet Coding for Staff

First seven calendar days following date of accident or illness – the University pays the employee at 100% of base pay. Timesheet should reflect code “135 – FMLA WC with pay”.

Second seven calendar days following the date of accident or illness – the University pays 33 1/3% of base pay. Timesheet should reflect code “136 – FMLA WC with pay @ 33 1/3”. For the 66 2/3% of pay supplemented by the insurance company, timesheet should reflect code “137 – FMLA WC without pay”.

Beginning the fifteenth calendar day, employee is required to use any available sick or vacation to supplement the 33 1/3% of pay not paid by the Workers Compensation insurance carrier. Time sheet should reflect code “111 – FMLA sick”. For the 66 2/3% of pay supplemented by the insurance company, timesheet should reflect code “137 – FMLA WC without pay”.

Once the employee has exhausted sick, the payroll system will automatically decrement from any remaining vacation. Once vacation is exhausted, the system will automatically reflect FMLA unpaid.

* Referred to the Faculty Handbook Revision Committee.