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Workers' Compensation

Policy
Purpose: 

To outline the parameters for coverage under the Workers' Compensation Act.

Applies to: 

All employees, including student employees and part-time employees, on the Lawrence campus and its reporting units

Campus: 
Lawrence
Edwards
Parsons
Juniper Gardens
Yoder
Policy Statement: 

Workers’ Compensation

If a work-related accident or medical condition, including occupational illness occurs, the University provides to all employees, including student employees and part-time employees, coverage under the Workers' Compensation Act.

Coverage begins at the time of employment and provides for medical expenses and compensation for lost wages subject to a weekly maximum as the result of an occupational injury or illness.

Any employee injured in the course of employment, may receive compensation for the injury, providing the injury is not caused by misconduct. Prompt reporting by the individual to the supervisor (24 hours) and the Department of Human Resources and Equal Opportunity is required for all on-the-job accidents and apparent occupational illnesses as defined above. Failure to report an accident to your supervisor within 10 days of an accident will invalidate any subsequent claim for workers compensation. Coverage may also be provided for damage to personal property, such as prescription glasses, that occurs as a result of the performance of work.

Only injuries that have occurred out of and/or in the course of employment activities are compensable by the State Self Insurance/Workers' Compensation program. If State Self Insurance/Workers’ Compensation determine that an injury is not work related the employee is responsible for the full cost of an emergency room visit not covered by the employee's health insurance. Employees will need to determine at the time of the injury, based on the severity of the injury, if they should go to the emergency room or schedule an appointment with their own health care provider. State Self Insurance/Workers’ Compensation will authorize self-referral medical payments up to $500.00 if the claim is determined to be compensable.

Lost Time Compensation for Work Injuries

The Workers’ Compensation act provides for compensation for medical costs, due to a work-related medical condition and compensation for loss of time if the employee is disabled for a minimum of 7 days, starting the day after the accident, and if the employee is prevented from earning full wages at the work in which employed. Compensation for lost time is not payable for the first week unless the injured employee is off for 3 consecutive weeks or more. Paid leave must be used to remain in pay status during the first 7 days of absence if total absence is 21 days or less. If an employee is unable to work 22 or more days following an injury, paid leave used during the first 7 days will be credited back.

Lost time compensation is paid at the rate of 66 2/3% of the gross average weekly wage (subject to the existing maximum weekly payment) as long as the disability exists. Should the employee choose to use leave to cover the difference, the employee must notify the Department of Human Resources and Equal Opportunity. Once an injured employee reaches maximum medical improvement, the employee may be switched from temporary total compensation to permanent partial compensation in the form of a settlement.

Filling Prescription Drug(s)

The departmental Personnel Related Staff (PRS) member should provide the employee with the First Fill Letter in the event a prescription is provided to the injured employee when medical treatment is sought.

The First Fill Letter is only good for 24 hours after receipt and only for the first prescription(s) following an injury. The letter can only be used for prescription medications related to the work-related injury and cannot be used for obtaining unrelated medications.

If the doctor prescribes a drug(s) to treat the injury, the injured employee will take the First Fill Letter to a participating pharmacy (Walmart, Walgreens or CVS). Other participating pharmacies can be found on this Provider Lookup page.

Bill Submission for Work Injuries

Regardless of time lost from work, bills for medical expenses arising from an occupational injury or illness should be sent to CompAlliance SSIF, P.O. Box 1697, Topeka, KS 66601-1697.

Return to Work after Work Injuries

Upon release to return to work, without restrictions, the employee will be returned to a comparable position with comparable pay. Employees who are injured on the job and who are released to return to work, with restrictions, will be accommodated if possible. The work task assignment will be made on the basis of essential work tasks that can be performed, with or without accommodation, while continuing to meet departmental and University work requirements.

The return to work coordination includes participation of the employee, a Human Resources and Equal Opportunity staff member, and health care providers to identify appropriate accommodations and/or possible employment alternatives when an injured employee is released to return to work.

Fraud and Abuse of Workers’ Compensation

The Workers' Compensation Act contains penalties for acts of fraud or abuse. In order to assist the reporting of suspected acts of fraud or abuse, the State Self-Insurance Fund has installed a telephone dedicated for such callers. If you know of anyone who is making false reports, working while drawing disability benefits, or otherwise abusing the workers' compensation system, please report such activity by calling 1-800-332-0353 (or 296-6392 if calling from Topeka). Employees should be aware that filing a fraudulent claim for Workers' Compensation benefits may result in penalties ranging from $500 to $50,000.

Contact: 

Human Resources
103 Carruth-O’Leary Hall
1246 W. Campus Road
Lawrence, KS 66045
785-864-4946
hrdept@ku.edu

Approved by: 
Director of Human Resources
Approved on: 
Wednesday, November 1, 2006
Effective on: 
Wednesday, November 1, 2006
Review Cycle: 
Annual (As Needed)
Keywords: 
Workers Compensation, accident, injury, hurt, hurt on the job, transitional duty, work status report, task inquiry, employee notification, transitional duty program agreement, transitional duty procedure, transitional duty program, workers' comp, workers' compensation, work comp, workers comp
Review, Approval & Change History: 

05/22/2017: Removed broken link. 

07/11/2016:Updated to remove gendered pronouns.

02/25/2016: Updated last review date.

02/03/2015: Corrected contact information under Bill Submission for Work Injuries.

07/01/2014: Updated 'Purpose' and 'Applies to' fields based on input from Human Resources, technical updates to links on the page.

04/24/2014: Added link to Transitional Work Duty procedure in Related Procedures, links to Work Status Report, Form A, Form B, and Form C in Related Forms, fixed broken links to other related pages, and made additional technical edits.

10/2009: Updated.

11/01/2006: Policy effective.

Operational Categories: 
Health & Safety
Personnel: Affiliates/Volunteers Categories: 
Benefits
Compensation
Workplace Rules & Guidelines
Personnel: Faculty/Academic Staff Categories: 
Benefits
Compensation
Workplace Rules & Guidelines
Personnel: Staff Categories: 
Benefits
Compensation
Workplace Rules & Guidelines
Personnel: Student Employees Categories: 
Benefits
Compensation
Workplace Rules & Guidelines
Research and Sponsored Projects Category: 
Research and Sponsored Projects

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