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5.11 Injury on-the-Job

Revised July 1, 2009
Changes indicated in red font.

Staff covered by this policy
Except for the “Supplemental payments” section, this policy applies to all staff at IU. Supplemental payments apply to full-time Staff only.

Procedure

A. How to report on-the-job injuries

1. Employees must report all on-the-job injuries to their supervisor immediately.
   
   Failure to report the injury the same day of occurrence—or in the case of cumulative trauma, when the employee becomes aware of the symptoms—may result in denial of a claim by Worker's Compensation.
2. Supervisors must report an injury on the Occupational Injury-Illness Report form within 24 hours, regardless of whether the injury required professional medical attention or resulted in lost time.
   1. Supervisors are to send the form to the campus human resources office. The campus human resources office must submit all reports to Worker's Compensation in Bloomington.
3. The university chooses the attending physician for treatment of on-the-job injuries.
   1. Staff should contact the campus human resources department regarding the procedure for medical treatment.
   2. An employee may not be entitled to Worker’s Compensation benefits and university-provided injury leave if she/he:
      1. Does not seek medical treatment for an injury that results in lost time
      2. Seeks treatment from a source other than a designated center, or if appropriate, from a hospital emergency room.
   3. Contact Worker's Compensation for answers to questions concerning these procedures.
4. Before leaving the treatment location, employees must obtain and provide to their supervisor a physician’s statement regarding the employee’s return-to-work status.

Procedure

B. For accidents involving exposure to human tissue, blood, or fluid

1. For accidents involving exposure to human tissue, blood or fluid—within two hours of exposure—the employee must take (in person) one copy of the Occupational Injury-Illness Report form to a hospital emergency room. A copy of the Occupational Injury-Illness Report form must be sent to the risk officer of Biosafety in Bloomington.
1. If the employee can obtain a sample of the source of contamination, they should take the sample to the center or hospital for testing.

C. Return to work

1. The following are three possible outcomes for an injured employee following initial treatment:
   1. The employee is released to return to work with no restrictions.
   2. The employee is released to work with temporary restrictions, sometimes referred to as "light duty." If the university can provide work for the employee, the employee is brought back to work within the restrictions; if the university cannot provide such work, the employee remains off from work. 
   3. The employee is not released to return to work and remains off from work.
2. If the attending physician gives the employee work restrictions – and the university can provide work for the employee within restrictions – then the employee is not entitled to receive temporary total disability benefits.
3. If an FMLA-eligible employee declines a modified position assignment offered under Worker’s Compensation, FMLA leave should start immediately. See the Family Medical Leave Act (FMLA) Rights policy for details on how to initiate this process.

D. Eyewear coverage and chiropractic services

1. Worker’s Compensation will pay the cost of replacing or repairing eyeglasses or contact lenses damaged or broken as a result of an on-the-job injury or accident. If replacement is required, eyeglasses or lenses of an equivalent cost will be provided.
2. If the attending physician of an on-the-job injury case recommends chiropractic services, the university will pay for the recommended services. This policy applies to specific circumstances only. Contact Worker's Compensation for guidelines before seeking chiropractic care.

E. Supplemental payments

All full-time Staff:

1. Service Maintenance Staff represented by AFSCME, Local 1477-01 at South Bend:
1. For the first 40 regular scheduled work hours of disability in a payroll calendar year in which an employee is unable to work as a result of an on-the-job injury, the university will provide the employee’s full salary at the regular rate.  Absence during this time is not charged to previously earned benefits.  Such paid absence hours are limited to 40 in a payroll calendar year unless an absence due to an injury exceeds 21 days.  In such cases, the eligibility for the supplemental benefit will be restored.  Department heads may require a physician’s statement before approving payment for absences during this period of time.  All lost time must be reported to Worker's Compensation.

F. State Worker’s Compensation Benefit

1. If Worker's Compensation determines that the employee is eligible, the employee will receive the lost wages benefit of the state Worker’s Compensation beginning on the eighth calendar day of disability.  Such Compensation pays a portion of the employee’s salary.  State legislation (which changes from time to time) determines the exact amount paid by Worker’s Compensation.
   1. For information about payment amounts and claims procedures, contact Worker's Compensation in Bloomington.
2. Employees may choose to supplement the state benefit through the use of accrued paid time off benefits in order to receive their full salary.
   1. Employees may charge a maximum of four hours per day to accrued paid time off benefits and compensatory time.
   2. Charges to vacation earnings do not count against the amount of vacation time employees can use in a calendar year.
   3. Employees who choose this option will continue to accrue paid time off earnings at the full time rate.
3. Employees may choose not to use accrued time off benefits or may deplete their accrued time off benefits.  In such cases, the employee is recorded as absent without pay and without time off benefit accrual.
4. If the employee does not return to work by the 30th calendar day of absence without pay, he or she is placed on a leave of absence and will continue to receive university service credit.  Worker’s Compensation payments will continue as long as eligible under provisions of the law.

G. Permanent disability

When an employee is released from medical treatment with a permanent disability, then he/she may be covered under the Americans with Disabilities Act (ADA). See the policy, Employment Accommodations for Persons with Disabilities Under the ADA-Title 1.