Immediately notify the Risk Management and Safety Department, ext. 2-4468, of all fatalities, serious injuries, and occupational illnesses. Call ext. 2-3610 for questions about Workers' Compensation benefits.

Foreword

This manual provides all supervisors with information pertaining to the Workers' Compensation Program at Brigham Young University.

This manual should be kept in each work area for reference, as needed.

Although this manual will be updated periodically, supervisors should also consult the UNIVERSITY ELECTRONIC HANDBOOK for the most current Workers' Compensation policy information.

For purposes of this manual, "supervisor" designates any individual who manages University personnel, and   "accident" includes occupational illnesses.

Introduction

The Workers' Compensation Program was created during the early 1900's as an answer to the rising number and cost of injuries resulting from the development of new machinery, and an influx of workers to the larger businesses. The primary purpose of this insurance is to encourage employers to be more safety conscious and provide financial assistance to injured/ill personnel until they are able to return to full work capacity.

The present Workers' Compensation system features a mutual compromise under which the employer assumes full liability for all work-related injuries/illnesses, regardless of who was at fault, and the worker gives up the right to sue at common law if the employer was negligent.

Each state has its own system of Workers' Compensation, although some laws are similar. All employers in the State of Utah are required to purchase Workers' Compensation insurance through an insurance carrier or provide the coverage themselves.

The Labor Commission of Utah serves as an information source. This agency provides essential facts about the rights and responsibilities of the worker, employer, and insurance carrier under the Workers' Compensation law. The Labor Commission is also responsible for monitoring the processing of industrial claims to ensure that medical and compensation benefits are promptly and properly paid.

As a self-insured entity, the University is allowed by state law to process and pay its own industrial claims. The Risk Management and Safety Department is responsible for managing the Workers' Compensation Program at Brigham Young University.

Explanation of Benefits

Workers' Compensation provides the following benefits to all full- and part-time personnel in compliance with regulations established by the Industrial Commission of Utah for work-related injuries/illnesses:

1. Lost time compensation

2. Medical benefits

3. Permanent partial/total disability benefits

4. Death/Burial benefits

Lost Time Benefits

Lost time compensation is based on a full seven-day week and is dependent on the treating doctor's determination of when an individual is unable to work.

Three-day Waiting Period

The department pays the wage/salary for time lost during the day of the injury/illness. The injured/ill individual is eligible to receive lost time compensation benefits on the first day of lost time following the accident.

According to Workers' Compensation regulations, if lost time is less than 15 calendar days, the first three days of lost time after the date of injury are considered a three-day waiting period and are NOT compensable.

If, however, the treating doctor requires the individual lose 15 or more calendar days from work, compensation is paid for the three-day waiting period.

Only one three-day waiting period is required for each accident.

Accrual/Use of Sick Leave and Vacation Days

Full-time personnel continue to accrue sick leave and vacation days while they are receiving lost time compensation until or unless they are accepted on the DMBA Disability Program. At that time, accrual of sick leave and vacation days is suspended until the individual returns to work.

Personnel may use accrued sick leave or vacation days to receive income for the non-compensable, three-day waiting period (if applicable), but CANNOT use sick leave or vacation days to supplement the compensation payments.

Calculation of Benefits

Compensation is based on 66.67 percent (approx. 2/3) of the individual's average gross weekly income. An additional benefit is allowed for each dependent (up to 5), if applicable.  Dependents include spouse and children under 18 years of age.

The individual's weekly compensation rate is calculated according to the income received at the time of the accident and does not change thereafter for that accident claim.

The Workers' Compensation Program was not intended to replace all lost income, since benefits are tax-free, and it is believed that a strong incentive for returning to work should be preserved.

Holiday Pay

Full-time personnel do NOT receive holiday pay while receiving lost time benefits as the lost time compensation is considered income for that time period.

Payment of Benefits

The compensation check(s) is paid according to normal paycheck schedules and checks are processed by Sedgwick Insurance.  Checks are mailed to the employee's home address. 

Termination of Benefits

Lost time compensation benefits are terminated when the treating doctor releases the individual to return to work.

Medical Benefits

BYU Workers' Compensation is self-insured and self-administered through BYU Risk Management.  Industrial injuries are not covered under the University health insurance plan (DMBA).  When involved in a work-related injury/illness, the insurance coverage is provided by BYU Risk Management and processed by Sedgwick Insurance.  Expenses incurred for treatment of work-related injuries/illnesses are paid 100%, according to limits set by the Labor Commission.

Travel Expense Reimbursement

Personnel who sustain a work-related injury/illness may be eligible for reimbursement of travel expenses for medical care. To apply for reimbursement, a record of the dates of medical care and the roundtrip mileage should be submitted to Risk Management for review.

Permanent Disability Benefits

Permanent Disability Award

Some work-related injuries/illnesses may result in a permanent impairment. The term "impairment" refers to the impact of the injury/illness on the individual's physical abilities. The term "disability" refers to the impact on the individual's occupational capabilities.

When the individual's condition has reached maximum medical improvement, the treating doctor sets permanent physical restrictions and determines a permanent impairment rating from which a permanent disability award is calculated. Permanent disability award benefits are tax-free and, when approved by the state, are sent to the individual's home.

Return to Work

If it is determined by the treating doctor that you are unable to return to your former job duties, management will review the specific details of your situation to make a determination regarding continued employment.

Medical, lost time and permanent disability benefits are NOT affected by the individual's employment status.

Death/Burial Benefits

When a work-related death occurs, Workers' Compensation benefits are paid to the spouse and/or dependents.

Supervisors' Responsibility

Accident Prevention Investigation

An accident prevention investigation is NOT designed to find fault or blame. The primary purpose of an investigation is to develop information that leads to changes and prevents similar accidents from occurring.

Supervisors should investigate ALL accidents since both serious and minor accidents result from the very same causes.

Responsibility for Conducting an Investigation

Supervisors are responsible for investigating and determining the cause of every accident since they are familiar with the work area, equipment, and hazards involved. But, most importantly, they know the people working under them--their job duties, behavior patterns, work habits, and attitudes.

Risk Management and Safety Department personnel are available to assist supervisors in these investigations, and will conduct their own investigation of accidents which result in serious injuries or fatalities.

Conducting an Investigation

Accident prevention investigations should be made AS SOON AFTER THE ACCIDENT AS POSSIBLE. Delays--even those of only a few hours--may permit information or items of interest to be removed, destroyed or forgotten.

Supervisors should compile the facts from the investigation, identify the causes, and take the necessary action to prevent similar accidents from occurring.

Accident Reporting

Supervisors are responsible to report every accident.

When a fatality or serious injury (hospitalization, amputation, or major bone fracture, etc.), occurs, the supervisor must immediately report the accident BY TELEPHONE to the Risk Management and Safety Department.

If the Risk Management and Safety Department is not open when the accident occurs, the supervisor should contact University Police who will notify the on-call Safety Officer.

Personnel who sustain minor injuries which do NOT require treatment at a medical facility may record the accident information on the first aid kit accident log.

Supervisor's Report of Accident

The supervisor is responsible to complete the "Supervisor’s Incident Investigation Report" for all reported on-the-job injuries/illnesses experienced by full and part-time personnel. This form should be submitted on line to the Risk Management and Safety Department within 24 hours of the accident. The form can be accessed by going to the Risk Management & Safety website and navigating to the Workers' Compensation page.  On that page click the "Supervisor's Incident Investigation Report (Online)" link.  You may go directly to the form by clicking on the following link:  http://safety.byu.edu/secureIncidentReport.php.   Reports should be completed only by the supervisor of the affected employee. The report will be sent electronically to Risk Management and Safety.  By completing the e-mail addresses at the bottom of the form, the report can also be sent to three additional sources. Once the form is submitted, instructions will be given to print out a one-page form.  This form should be reviewed by the supervisor with the employee and the medical release signed and mailed to BYU Risk Management.    

Submission and receipt of the accident report does NOT constitute approval for Workers' Compensation benefits. Workers' Compensation benefits are only extended when the accident and injury/illness details have been reviewed and determined by the Risk Management and Safety Department to comply with the guidelines for a work-related injury/illness as set by the Industrial Commission.

If the individual's immediate, full-time supervisor is NOT available, the next direct line of supervision may sign the "Supervisor's Incident Investigation Report."

Blood Borne and Environmental Exposures

A "Supervisor's Incident Investigation Report" should be completed for all incidents which represent a potential exposure to the HIV or hepatitis virus.

Questionable Claims. Supervisors who believe an individual's accident claim is NOT legitimate should call the Risk Management and Safety Department.

Retention/Destruction of Accident Records. The Risk Management and Safety Department retains the original accident documents. The department may destroy its copy of an individual's accident records after four (4) years from the date of accident.

First Aid Kits

First aid kits are recommended for all work areas. Supervisors are responsible to determine and obtain the first aid kits and supplies needed by the personnel in their work areas.

Only medication needed for on-the-job injuries/illnesses should be included in department first aid kits.

Supervisors should inspect the first aid kit supplies and review the first aid kit accident log on a periodic basis.

Each first aid kit accident log sheet may be destroyed after four (4) years from the last accident entry date.

Departments interested in purchasing or obtaining supplies for first aid kits should contact the Purchasing Department.

The Risk Management and Safety Department can assist supervisors in determining the first aid kit contents.

Lost Time Compensation

Communication with Individual

It is important to maintain regular contact with injured/ill personnel to determine their status of return to work and express your concern on the behalf of the University and your department for the individual's absence and well being. Some suggestions for maintaining contact with the individual are to periodically telephone the individual, and mail information about University events to his/her home.

Recording and Reporting Lost Time

Supervisors are responsible to:

1. Accurately record the specific days and/or hours for all personnel (including faculty and individuals on contract) who lose work time as a result of an on-the-job accident.
2. Inform the Risk Management and Safety Department (and department timekeeper, if applicable) of the individual's first date of lost time and the actual return-to-work date.
3. Send the original return-to-work slip to the Risk Management and Safety Department and retain a copy in the department file with the individual's accident information.

Return to Light Duty Work

If the treating doctor approves a return to transitional work, the supervisor is responsible to identify, approve, and coordinate transitional duty work assignment(s) until the individual is released to full duty work.

Return-To-Work Slip

Before an individual is allowed to assume job duties, the supervisor should require that the individual submit a return-to-work slip from the treating doctor.

Medical Care/Transportation

Supervisors are responsible to assist injured/ill personnel in obtaining appropriate medical care, BUT MUST NOT PROVIDE MEDICAL ASSISTANCE BEYOND THAT WHICH IS PRUDENT BASED ON THEIR TRAINING AND/OR ABILITY. PERSONNEL SHOULD ALSO NOT ADMIT LIABILITY FOR THE UNIVERSITY FOR ANY INCIDENT.

Procedure for Obtaining Medical Care

Supervisors should refer personnel who are exposed on the job to a transmittable disease (hepatitis, HIV, etc.) to the Health Center, and immediately identify and isolate the source of contamination, if possible.

Personnel who sustain minor injuries may use first aid kit supplies.

Personnel who experience minor injuries/illnesses requiring more than first aid should report to the BYU Health Center Urgent Care. For serious injuries/illnesses (or when the Health Center is not open), personnel should report to the emergency room at Utah Valley Regional Medical Center.

Exception: Dental--Personnel who sustain a work-related injury resulting in the loss of or injury to teeth should consult with their dentist and receive the necessary emergency treatment to preserve the normal function of the injured teeth. Additional dental care requires pre-authorization from the Risk Management and Safety Department.

Personnel who are injured in a locale that prevents them from obtaining medical care at the BYU Health Center, Utah Valley Regional Medical Center, or other designated facility, should report to the nearest emergency facility and inform their supervisor of the accident at the earliest opportunity.

Personnel enrolled in DMBA Managed Care or similar health insurance programs should inform their primary care physician of the accident to ensure insurance coverage in the event any aspect of the accident is determined to be ineligible for coverage by Workers' Compensation benefits.

Transportation to Medical Facility

For Emergency Transportation of Serious Injuries/Illnesses, Immediately Call "911."

The supervisor is responsible for making arrangements for transportation of the injured/ill individual to an approved medical facility, if needed.

For minor injuries or illnesses, supervisors may transport the individual by department vehicle. When a department vehicle is NOT available, supervisors should contact the University Police, ext. 8-2222, for assistance.

NOTE: Personal vehicles should only be used in life and death situations if no other help is available.

Purchase of Prescriptions

Personnel may purchase medications prescribed by the doctor to treat work-related injuries/illnesses from the BYU Health Center pharmacy (on-campus). Sedgwick insurance has contracted with Medical Services Company (MCS) for prescription services. When a Workers’ Compensation claim has been approved for benefits, a letter and prescription card is sent to the employee. MSC also calls the employee prior to sending the card. The letter instructs the employee how to use the card and what pharmacies accept the MSC card. The injured employee should inform the pharmacy that the prescription is for an industrial injury through BYU Risk Management. If this procedure is followed, the employee should not have out of pocket expense. If the location of these approved pharmacies creates an undue hardship, the individual should contact Workers’ Compensation to make arrangements for reimbursement of prescription expenses.

BYU Student Health Center is a provider for the MSC prescription card. However, the SHC prescription fees are less expensive without the card. Prescriptions purchases at the SHC will be billed directly to Risk Management.

Work Time Taken for Medical Care

Supervisors should encourage injured/ill personnel to arrange medical appointments or treatments outside their work schedule. If this is not possible, the individual's department is responsible to pay for the time taken from work for medical treatment, as approved by the treating doctor.

Supervisors may require that the individual submit a doctor's note for any work time taken for treatment of work-related injuries/illnesses. Supervisors should note the time taken for medical care in the department timekeeping records.

Worker's Compensation Education

Supervisors are responsible to:

1. Establish, implement, and maintain training procedures to inform personnel of the individual's responsibilities in the Workers' Compensation Program.
2. Inform their personnel of the proper procedures for reporting on-the-job accidents and obtaining medical care.

Supervisors should be sensitive to levels of literacy and language barriers, and should present their instruction in a way that is easily understood.

Personnel Responsibilities

The individual's responsibilities in the Workers' Compensation Program include the following:

1. Immediately report any on-the-job injury/illness to the immediate, full-time supervisor.
2. Record the accident information and assist the supervisor in the completion of the "Supervisor's Incident Investigation Report" if possible.
3. Determine the extent of medical care needed.
4. Obtain first aid kit supplies (for minor injuries) OR medical treatment (for minor injuries/illnesses which require more than first aid or serious injuries/illnesses) at an approved facility--BYU Health Center Urgent Care or Utah Valley Regional Medical Center emergency room.
5. Inform the full-time supervisor if the treating doctor has recommended lost time.
6. Follow the doctor's recommendations regarding medical care, lost time, exercise, medication, etc.
7. Submit related medical bills to the Risk Management and Safety Department for review for payment.
8. If unable to perform job duties for an extended period of time, report to the full-time supervisor on a frequent basis regarding health status and availability for work.
9. Submit a return-to-work slip to the supervisor upon return to work.
10. Report the use of prescription drugs which may impair the ability to perform job duties.