Workers’ Compensation Southern Illinois University Edwardsville Office of Human Resources Rendleman Hall, Room 3210 April 20, 2016.

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Presentation transcript:

Workers’ Compensation Southern Illinois University Edwardsville Office of Human Resources Rendleman Hall, Room 3210 April 20, 2016

Workers’ Compensation Overview What is Workers’ Compensation (Workers’ Comp or WC)? Who is covered under Workers’ Comp? When would an employee submit a claim? How does an employee file a claim? What does an employee need to do? What does a supervisor need to do? What happens if a claim is denied? What is the difference between being on TTD and using sick time? What happens when the employee is released to return to work? 2

Workers’ Compensation Workers’ Compensation is a State of Illinois benefit that provides coverage to employees who suffer an injury or illness resulting from job-related duties. Workers’ Compensation benefits may include: Payment of bills for necessary medical treatment Rehabilitation services Total Temporary Disability income payments (TTD) Settlement to compensate for permanent impairment 3

Employee Eligibility All employees must be actively working during the injury/illness. – Full-time employees – Part-time employees – Student workers – Graduate Assistant/Teacher Assistant/Resident Advisor/Research Assistant – Extra-help employees Not covered under workers comp: general public, students, or unpaid interns. – These are covered under Risk Management

Workers’ Compensation Administration TRISTAR Risk Management is the State of Illinois’ third party administrator that provides claims administration services to corporate and governmental entities across the U.S. Administering the Workers’ Compensation program to State employees. Responsible for approving the claim. Monitors and evaluates the care received by injured employees to ensure appropriate treatment and optimal return to work. 5

Life Threatening Injury/Illness Process If the injury is life-threatening, seek prompt medical care and then proceed with the reporting of your injury. 1.Go to the nearest hospital ER or urgent care facility. 2.Inform the facility that you are being treated for a possible Workers’ Compensation injury and to forward bills to: TRISTAR Risk Management Clinton, IA

Non-Life Threatening Injury/Illness Process If injury is not life-threatening: 1.Notify your supervisor. o Given orally or in writing, but by law, must include all of the following: date, time, and location. o Also recommended that the notice include a description of the accident and the injury sustained. 2.Report the accident to TRISTAR. o 24-hour hotline: o Provide your name as appears on your Social Security card. o If planning to seek medical treatment, provide TRISTAR with the physician and/or facility information that you plan to utilize. o Before seeking treatment, print the Workers’ Compensation Employee Packet from the HR website and take it with you. 7

Non-Life Threatening Injury/Illness Process, con’t 3. Report the accident to WC Coordinator in the Office of Human Resources at ext o HR will mail the injured employee a Workers’ Compensation packet. o Claim forms should be completed and returned to WC Coordinator; TRISTAR cannot determine compensability of the claim until they receive these documents. 4. Complete the Emergency Management Services Injury Form if you are a supervisor. o Complete the SIUE Injury Report Form located at Report_Form_Rev_3-13.pdf. Report_Form_Rev_3-13.pdf o Send to Emergency Management and Safety, Box Contact your primary care physician if it is not an emergency. 8

Consequences of Untimely Reporting of an Injury Failure of an employee to follow these procedures may affect the employee's right to compensation for time lost or reimbursement for expenses incurred. The employee’s claim may be denied by TRISTAR. 9

Choosing to Not Apply for Workers’ Compensation What if the employee doesn’t want to report the injury to TRISTAR? In this case, the employee may call the WC Coordinator and TRISTAR to report an “incident only” claim. This will protect the employee in the event of future problems that could stem from the injury/illness. 10

Supervisor’s Responsibilities Complete the Emergency Management Services Injury Form. – _Rev_3-13.pdf _Rev_3-13.pdf Instruct the employee to call the TRISTAR Hotline ( ) to report a new claim. Instruct the employee to call the WC Coordinator to report the claim. 11

Supervisor’s Responsibilities Refer employees to the WC Coordinator or the HR website for information. - Supply the WC Coordinator with any doctor’s notes given by the employee. Complete the supervisor form and any payroll/personnel forms if the employee is taken off payroll. - Not permitted to ask for medical forms or to see the Workers’ Compensation packet due to HIPPA violation. 12

Injury Reporting If a doctor places the employee off duty or on any form of restricted duty, he/she needs to provide HR with a release to return to work, signed by the doctor. – Employee may use his/her own leave time to cover absences. – Employee may elect to go on Temporary Total Disability (TTD). – The employee’s own leave time and TTD cannot be combined. Time taken under Workers’ Compensation will also be counted towards FMLA usage if the employee is out more than three days if eligible. – For more information on FMLA, contact Bonnie Brueggemann in Benefits. Any restrictions or accommodations must be coordinated with the Office of Equal Opportunity, Access, and Title IX Coordination (EOA). If TRISTAR determines a claim is not compensable, the employee can submit claims to his/her group insurance provider for payment. 13

Total Temporary Disability Total Temporary Disability (TTD) benefits may be paid while absent from work for an extended time. TTD is 66 2/3% of average weekly compensation. TTD is paid indefinitely by TRISTAR and not administered through SIUE Payroll. While on TTD, an employee must pay insurance premiums directly to the state and all other supplemental insurance vendors. There are no employee or employer contributions to SURS during this time. Employees may make up missed SURS employee amounts. A Revocable Waiver of Temporary Total Disability must be completed if he/she decides to use sick or vacation benefits in lieu of TTD. 14

TTD and Sick Time TTD is not paid for the first three days off work unless the employee is not able to work for more than 14 days. – If leave is less than 14 days, then the employee will need to use his/her own sick or vacation time. If leave is more than 14 days, then the TTD benefits will begin on the first day after injury. Employees cannot use extended sick leave while under TTD. 15

Where can the employee find the Workers’ Compensation packet? – HR website and look under Workers’ Compensation. The link is at the bottom of the page: oyee_WC_Packet.pdf oyee_WC_Packet.pdf 16

May the employee use his/her own insurance? – If reporting an injury as work-related, most medical providers will require the employee to go through the Workers’ Compensation claim procedure. If the claim is not compensable under Workers’ Compensation, then the employee may use his/her own insurance to cover the bills. 17

What if the employee doesn’t want to file a Workers’ Comp claim? – Filing a Workers’ Compensation claim is not mandatory. However, if the employee does have a work-related injury, it is in the best interest of the employee to at least call the TRISTAR Hotline and report it as a record only so that it is in the file. The employee is also still required to report it to the WC Coordinator and to submit the Emergency Management Form. 18

Who does the employee submit Workers’ Compensation packets to once completed? – Submit all paperwork to the Workers’ Compensation coordinator Tayanna Crowder, and we will send the documents to TRISTAR. 19

Does the employee have to use his/her own leave time for an injury? – The employee must use at least three of his/her own sick/vacation days for an injury (first three days). If the employee is off work for more than 14 days and chooses to go on TTD, then he/she will not have to use his/her own leave time. 20

Why is the employee required to use FMLA for a Workers’ Compensation injury? – All Workers’ Compensation time must be designated as FMLA and deducted from an employee’s FMLA balance if off work for more than three days per University policy. 21

What if the Workers’ Comp claim is approved? – If the employee has an approved Workers’ Comp claim and has been off work, the employee may choose to use his/her own leave time or go on TTD, which is paid at 66 2/3% of the weekly salary. 22

What happens to the employee’s health insurance while off work and on TTD? – The employee must pay premiums and the same cost directly to the providers. The employee will receive a letter from CMS with billing information after being taken off SIUE payroll and beginning TTD. 23

Does the employee have to use his/her own sick days for doctor’s appointments? – Yes. This includes ongoing, follow-up treatments like physical therapy. 24

What does the employee need to do when returning to work after being out on Workers’ Compensation leave? – Notify the WC Coordinator and the department of the return date. – Submit a written physician release to return to work to HR prior to the return. If there are restrictions, get them approved by EOA prior to returning to work. – Report to work on the anticipated return date. – For any changes to the employee’s return to work date, notify the WC Coordinator immediately. 25

Workers’ Compensation Coordinator Contact Information Tayanna Crowder Office location: Rendleman Hall, Room 3210 Phone number: Fax number:

Other Informational Links Illinois Workers' Compensation Act Illinois Workers' Compensation Commission Medical Provider Billing Information Workers' Compensation Employee Packet 27