University of Washington
Administrative Policy Statements		 Rev/May 1998 14.1.4

Table of Contents

1. Introduction

2. The Office of Risk Management

3. Liability Coverage

4. Workers' Compensation Program

5. Accident Reporting

6. Legal Actions Against the University

7. Property Insurance

8. Health and Accident Programs
      

University Risk Management and Insurance Programs

(Approved by the Executive Vice President by authority of Executive Order No. 5)


4.   Workers' Compensation Program

a.   General Policy

The goal of the University's workers' compensation program is to provide "...sure and certain relief to employees injured in their work..." in accordance with Title 51 RCW. The University purchases workers' compensation insurance from the Washington State Department of Labor and Industries (L&I). Coverage is provided for all paid employees who are injured or become ill while acting within the course and scope of their duties for the University of Washington. Coverage begins automatically the first day of employment for all employees who receive University paychecks. Volunteer employees are covered as detailed in Section 4.b, "Coverage for Volunteers."

The Office of Risk Management is responsible for administering the workers' compensation program, and evaluating all financial aspects of its operation, as well as acting as the University's coordinator for the return-to-work program, per WAC 251–19–157(3).

b.   Coverage for Volunteers

Volunteer workers may be covered for medical expenses related to injuries that occur during approved volunteer activities. Departments employing volunteers are responsible for maintaining the names of all volunteers, and their dates and hours worked. The premium cost for volunteer coverage is averaged across the University on an annual basis, and is not charged directly to departments. Volunteers who are injured should follow the same claim filing and accident reporting procedure as paid employees (see Administrative Policy Statement 10.8 and Section 4.c of this policy statement). More information on coverage for volunteers is available by calling the Office of Risk Management, 206–543–0183 or by sending an email inquiry to: workcomp@u.washington.edu.

c.   Reporting and Claims Procedures

Employees are required to report any work-related illness or injury to their supervisor immediately. Moreover, employees who are seriously injured, ill, or incapacitated may first need to seek medical treatment. It then becomes the supervisor's responsibility to contact the employee or the employee's family within 24 hours to make arrangements for accident reporting.

Employees obtain workers' compensation claim forms from their treating physicians. The University is insured through L&I, and employees should request L&I's Report of Industrial Injury or Occupational Disease form to claim workers' compensation. The employee and physician sections of the report are completed at the time of the employee's first visit to the physician.

The employer section of the Report of Industrial Injury or Occupational Disease form is forwarded to the Office of Risk Management, Box 351276. The Office of Risk Management is the only University department authorized to complete and sign the employer section of the L&I claim form. Forms received in the injured employee's home department should be forwarded to the Office of Risk Management.

The University's Accident/Incident/Quality Improvement Report must also be submitted by every employee filing a workers' compensation claim. This additional reporting is required by state and federal safety and health laws (see also Administrative Policy Statement 10.8).

d.   Return-to-Work Policy

The objective of the return-to-work policy is to maximize the recovery of injured employees after a work-related illness or injury. Prompt return to work after an injury minimizes loss to the injured employee and to the University, and is an integral part of the University's overall disability accommodation program.

The return-to-work policy focuses on returning injured employees to their preinjury jobs. Placement at other jobs in the employing department or elsewhere in the University, usually will be considered only after all reasonable accommodations to the preinjury job have been examined.

1)   Eligibility—The University provides accommodation to qualified employees with disabilities as defined under state and federal law. Accommodation requests are evaluated on a case-by-case basis, taking into consideration the employee's restrictions due to disability, the essential duties of the position, the work environment, and the reasonableness of the proposed accommodation (see Administrative Policy Statement 46.5 for more detail). All employees with active workers' compensation claims are eligible to participate in the return-to-work program, although, slightly different procedures may apply to academic personnel and medical residents. For more information, employees in these personnel categories should contact the Office of Risk Management, Box 351276, 206–543–0183, or via email to workcomp@u.washington.edu.
2)   Procedures—
a) Requesting Accommodation—Employees with a work-related illness or injury who are unable to perform one or more of their job duties should contact either their supervisor, department manager, or Human Resource Representative about accommodation as soon as possible. Employees are not required to disclose to their immediate supervisor the medical basis for the requested accommodation.

b) Health Care Provider/Physician Statement—Employees may need to submit written information from their health care provider before accommodations can be considered. Generally, the Human Resource Representative or the Office of Risk Management will request the employee to submit a completed Disability Accommodation Request form and a Health Care Provider Statement form if more information is needed. Other written physician statements may be submitted in place of the Health Care Provider Statement if they provide sufficient information to determine the employee's restrictions.

Employee medical records are treated confidentially and are maintained either in the Office of Risk Management claim files or in the area personnel office, not in departmental files. The completed Health Care Provider Statement should be returned to either the Office of Risk Management or the employee's Human Resource Representative; it should not be returned to the supervisor.

c) Job Analysis—If more specific information is needed in order to respond to the request for accommodation, a job analysis of the employee's position will be prepared by the department in conjunction with the Human Resource Representative and the Office of Risk Management and forwarded to the health care provider for more information.

d) Establishing the Date of Return to Work—The employee and the supervisor are expected to contact each other regularly to establish the earliest date the employee may be released by his or her health care provider to return to work.

e) The Supervisor's Communication Responsibility—Supervisors are responsible for conveying return-to-work information to the Office of Risk Management, Box 351276, 206–543–0183, or via email to workcomp@u.washington.edu.

f) The Employee's Responsibility for Restrictions—Employees are responsible for working within their health care provider's restrictions, and immediately reporting any problems to their supervisor. If the problem cannot be resolved with the supervisor, employees may contact their Human Resource Representative or the Office of Risk Management for further assistance.

g) The Supervisor's Responsibility for Assigning Work Within Restrictions—Supervisors are responsible for ensuring that employees are assigned work within their health care provider's restrictions. It is advisable for supervisors to contact employees daily while on modified duty for the first two weeks after they return to work, and on a regular basis thereafter. A supervisor's questions about the modified duty assignment can be addressed to the Office of Risk Management or their Human Resource Representative.

3)   Permanent Disability—Employees who receive permanent restrictions from their physician are expected to review their restrictions with their supervisor, the Office of Risk Management, or their Human Resource Representative as soon as possible to determine whether permanent job modifications can be made in accordance with the University's policy on disability accommodation.
4)   Coordination With Other Programs—The Office of Risk Management will coordinate with the Department of Personnel Services, the Disability Services Office, employing departments, the Employee Assistance Program, the Washington State Personnel Resources Board, and other applicable state and University programs as needed to promote the recovery of the injured employee.

e.   Leave Reimbursement Policy (Sick Leave Buy Back)

Employees who are off work due to a work-related injury or illness may elect to use any combination of sick leave, annual leave, or leave without pay to cover their absence from work. Many employees choose to use sick leave or annual leave to make up the difference between timeloss payments and their regular wages, or to continue their regular income until timeloss payments begin. It should be noted, however, that full sick leave wages and timeloss benefits cannot be received concurrently (per WAC 251–22–165). Employees who receive a combination of timeloss benefits and sick leave in excess of their regular wages are required to refund the excess to the University.

The Office of Risk Management will contact the home department of employees receiving timeloss benefits to determine if excess payments have been made. Refund amounts will be calculated based on the employee's gross hourly wage, the amount of sick time used, and the amount of timeloss benefits paid by L&I.

Leave reimbursement will result in partial restoration of the sick leave time used. Employees who use annual leave to cover absences can elect to reimburse the University and have that leave partially restored; however, reimbursement for annual leave is not required. More information is available through the Risk Management Office, 206–543–0183, or by sending an email inquiry to workcomp@u.washington.edu.



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