Policy 5-404: Workers Compensation Insurance

1. Purpose
   1. To establish university policy and Procedures for treating and reporting work-related injuries and illnesses in accordance with the requirements of the Utah Workers Compensation Act and the Utah Occupational Safety and Health Act (UOSHA).
2. Definitions
   1. Work-related Injury/Illness - Any injury suffered by an employee in the course and scope of his/her work assignment or any illness resulting directly from the performance of assigned duties.
   2. UOSHA Recordable Occupational Injury and Illness - Any injury or illness which results in:
      1. A fatality, regardless of the time between the injury and death, or the length of the illness.
      2. Nonfatal cases with lost time away from work, beginning the day after the injury.
      3. Nonfatal cases without lost time which cause or require transfer to another job, termination of employment, medical treatment (other than first aid), loss of consciousness or restriction of work or motion. Any diagnosed occupational illnesses which are reported to the employee but are not classified as fatalities or lost time.
   3. First Aid - Any one-time treatment and any follow-up visit for the purpose of observation of minor scratches, cuts, burns, splinters, etc. which do not ordinarily require the attention of a physician.
   4. Medical Treatment - Treatment administered by a physician, or trained personnel under the standing orders of a physician. Medical treatment does not include first aid treatment even though approved by a physician or trained personnel.
   5. Lost Time - The number of days (consecutive or not) after, but not including, the day of the injury or illness during which an employee should have worked but could not do so and could not perform all or any part of the duties of the workday or shift because of the occupational injury or illness.
3. Policy
   1. Employer/Employee Responsibility
      1. The university will comply with the standards promulgated under UOSHA. When the university becomes aware of any condition which might cause work-related injury/illness, it will exercise its best effort to correct such condition(s) as expeditiously as possible.
      2. Each employee will comply with UOSHA and university occupational safety and health standards, orders, rules and regulations.
      3. It is the duty and responsibility of an employee to report immediately to his/her supervisor any unsafe condition(s) existing in the working place. If an unsafe condition exists, the supervisor must report it immediately to Public Safety.
      4. Supervisory personnel will enforce safety regulations and issue such rules as may be necessary to safeguard the health and lives of employees. They will warn employees of any dangerous condition and permit no one to work in an unsafe place, except for the purpose of making it safe.
   2. Insurance Coverage
      1. The university provides insurance protection for its paid employees and for volunteers (students are excluded except when employed for wages) against workrelated injury through the Workers Compensation Act.
   3. Treatment and Reporting of Work-Related Injuries
      1. Prompt medical treatment will be offered to employees suffering work-related injuries.
      2. Each employee, supervisor, and department head is responsible for the timely reporting of workrelated injuries and illnesses as set forth in section IV of this policy.
4. Procedures
   1. Injuries Requiring Medical Treatment
      1. Work-related injuries which occur on campus (or within a close proximity to campus) should be treated promptly at the University Hospital Emergency Room. Workrelated injuries occurring off campus should be treated at a conveniently located medical facility.
   2. Reporting Requirements
      1. Safety Services must be informed within 24 hours by the cognizant supervisor of injuries requiring medical treatment, and of all fatalities.
      2. The University of Utah Injury/Illness Report must be completed by the cognizant supervisor and submitted to Public Safety, attention of the Workers Compensation Coordinator, for all injures whether they require medical treatment or not, and for all fatalities.
   3. Investigation
      1. Accidents will be routinely investigated by Safety Services and/or the Workers Compensation Coordinator.
      2. A copy of all reports will be forwarded to the director or head of the department in which the accident occurred and to the responsible individual at the next higher level of supervision.
         1. It is the responsibility of the department head to promptly initiate action to eliminate any hazardous conditions and to reenforce safety rules.
         2. Safety Services will make compliance reviews to determine that hazardous conditions have been corrected or that correctional action has been initiated.
   4. Compensation for Lost Work Time
      1. If, due to a work-related injury, the attending physician determines that an employee cannot perform his/her work assignments for a period exceeding three days, the employee may be eligible for compensation for lost time. The following Procedures apply:
   1. The attending physician must complete and forward a Physician's First Report of Injury, a detailed medical report, and an invoice to the Workers Compensation Fund.
   2. Compensation is computed in accordance with the Workers Compensation Act and payments will be processed to eligible employees by and from the State of Utah Workers Compensation Fund.
   3. University sick leave benefits may be paid to eligible employees in accordance with the rules governing sick leave payments. Any sick leave paid shall be reduced by the amount of workers compensation received. See Policy 5-200.
   5. Repeated Accidents
      1. If an employee has three injuries/accidents within a 12 month period, or a substantial number of injuries/accidents over a period of years, efforts should be made to reduce the number of accidents and increase safety awareness and responsibility.
         1. If an accident could or should have been prevented, the incident should be reviewed with the employee.
         2. Awareness of and adherence to safety rules should be part of an employee's annual performance evaluation.
         3. If an employee clearly ignores safety rules, an official reprimand should be issued, discussed with the employee, and made part of the employee file.
         4. If there is reason to believe an employee is not suited for his/her job because of repeated accidents, an evaluation by a rehabilitation counselor may be recommended to the employee.
      2. The Utah State Industrial Commission cannot deny a claim because an employee has had repeated accidents but may penalize claimant by reducing compensation 15%.
      3. Copies of all reports, reviews and comments should be retained for reference.
      4. Repeated accidents may in some cases be cause for termination and denial of disability retirement. See Policy 5-111, Section IV.C.
   6. Reports and Record Keeping
      1. The Department of Public Safety prepares all annual reports required by UOSHA and governmental entities and is the custodial for the university of all records required by the Utah Occupational and Health Act.
5. Contacts
   1. Policy Officer:
      1. Chief Human Resource Officer, 801-585-0928
   2. Policy Owner:
      1. Manager - Human Resources, 801-581-2119, 801-585-0953