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Handbook of Operating Procedures

工人的赔偿保险和临时修改职责

Policy Number: 100

主题:

Workers' compensation benefits

范围:

Employees, including student appointees in a学生职位名称and on the university payroll

Date Reviewed:
2月ruary 2021
Responsible Office:
Risk Management and Insurance
负责执行:
Vice President Safety, Health, Environment and Risk Management

I. POLICY AND GENERAL STATEMENT

The University of Texas Health Science Center at Houston ("university") participates in a program of self-insurance that provides workers’ compensation benefits for employees who suffer compensable injury or occupational disease while performing duties within the course and scope of their employment. Any questions concerning Workers' Compensation Insurance coverage should be directed toRisk Management and Insurance("RMI").

ii。定义

Bona Fide Offer of Employment:A written offer of employmentfor temporary modified dutydelivered to the employee during the period for which workers’ compensation benefits are payable shall be presumed to be a bona fide offer, if the offer clearly states the position offered, the duties of the position, a statement that the employer is aware of and will abide by the physical limitations under which the treating health care provider has authorized the employee to return to work, the maximum physical requirements of the job, the wage, and the location of employment.

Compensable Injury:An injury arising out of, and in the course and scope of, employment for which compensation is payable according to law.

Occupational Disease:一种疾病是由疾病以及在就业过程中引起的,对身体的身体结构造成损害或伤害,包括与工作有关的疾病自然引起的其他疾病或感染。公众暴露的一种普通生活疾病不被认为是职业疾病,除非是与可补偿伤害或职业疾病有关的事件的结果。

III. PROCEDURE

A. Reporting Accidents, Injuries and Occupational Diseases

雇员必须在发生后立即向其主管报告所有在职,事故和职业疾病,无论严重程度如何。The supervisor will complete theSupervisor's First Report of Injury(“First Report of Injury”) and theWorkers’ Compensation Network Acknowledgment Form一旦受伤报告,并将发送它immediately to RMI.An employeeand his or her supervisor必须报告theinjury使用第一份伤害表格的RMIas soon as possible but no later than7 calendar daysfrom伤害发生的日期,或者,如果伤害是职业疾病,no later than7 calendar daysfromwhen the employee knows or should have known that the occupational disease may have been related to employment. If an employee fails to report an injury and is unable to work the following day, that person will be required to obtain aWork Status Report (DWC73)from a health care provider or be considered absent without permission. Additional information about reporting deadlines and requirements与浪费时间,恢复工作以及辞职或终止有关is contained on the RMIwebsite

B. Seeking Medical Attention

Supervisorsshould direct injured employees tothe list of providers on the IMO Health Care Networkwebsite与需要医疗护理并在此工作的个人的医疗机构接触Texas Medical Centerarea are to be recommended as follows:

  • refer all minor injuries to UT Health Services;
  • refer major eye injuries to Cizik Eye Clinic; and
  • refer all other major injuries to the Memorial Hermann Hospital - Texas Medical Center Emergency Department.

The employee has the right to refuse medical treatment. The employee’s refusal should be noted on the First Report of Injury form. If the health care provider is not a member of UT System’s IMO Health Care Network(as explained on the Network Acknowledgement Form accompanying the First Report of Injury), the employee may be responsible for the medical costs associated with the claim. A list of providers in the IMO Health Care Network can be found on the network’swebsite。Emergency treatment is an exception.

The supervisor may accompany any employee who requires medical attention to the appropriate medical facility. An employee who is unable to return to work on the date of injury will be paid in full for the normally scheduled hours for that day.

C. Record-keeping and Leaves

When the injured individual is unable to work for time other than that required for initial medical treatment, a Workers' Compensation Insurance员工休假选举form must be completed and signed by the injured individual and the supervisor. This form must be submitted regardless of whether an employee elects to use paid leave to remain on the payroll during the period of absence. Such election should be noted on the form.

Lost time due to work-related injuries or occupational disease may qualify for coverage under the Family and Medical Leave Act, provided the employee meets the eligibility requirements. (HOOP 106, Family and Medical Leave).Employees may有资格获得合理的住宿HOOP 101, Disability Accommodation

如果员工选择休假,则必须首先耗尽病假。一旦病假筋疲力尽,他或她可能会选择使用其他带薪休假来代替获得临时收入福利(“ TIBS”)。在参加有关使用其他带薪休假的选举之前,将告知员工,尽管有7天的等待期无需支付TIB,但应残疾延长到残疾第一天之后的第十四天,但然后,运营商将在等待期内签发TIBS付款。只要使用带薪休假,就不可支付TIB。当指定的病人和其他带薪休假的部分耗尽时,该雇员将被请假,没有薪水,直到以前为止。

  • release by a health care provider that the employee is able to return to full or modified duty, or
  • six months from date of injury at which time the employee may be separated from the university. The employee may also apply for other open positions at the universityor request a reasonable accommodation from the Office of Diversity and Equal Opportunity

支付的任何每周福利都符合《德克萨斯州工人赔偿法》。其他指南适用于有可补偿伤害的和平官员。看UTS 185

D. Return to Work

一名雇员因休假休假而造成可赔偿伤害的雇员将在Work Status Report (DWC 73), which releases an employee to return to full-time or modified duty employment, is submitted to RMI or the supervisor. This form must be submitted on the day of the health care visit or the following business day.

An employee who is unable to return to work at the specified time must return to the health care provider for approval to remain off work; otherwise the person's absence will be considered unauthorized. Continued unauthorized absence may result in termination.

An employee who requires time off for medical treatment related to the injury may be required to provide his or her supervisor with aWork Status Report (DWC 73)to return to work for each incidence of time off.

E. Temporary Modified Duty

For employees who have sustained a compensable injury or occupational disease while performing duties within the course and scope of their employment, the university will, to the extent feasible, assist employees in these circumstances by temporarily modifying work assignments or duties, or arranging for a temporary transfer until the employee is able to resume regular duties. The assignment or duty modification or the temporary transfer may not exceed 180 days (excluding vacation, sick time and holidays).

1. Evaluation by a Health Care Provider

The attending health care provider must determine the temporary restrictions to be applied to the employee’s work duties and complete the required form DWC 73. This information will be forwarded to the RMI or the case manager, who may contact the employee's attending health care provider to discuss modified duty and/or to provide information regarding the university's return-to-work procedures.

2.评估的大学

Upon receipt of the DWC 73, RMI or the case manager may forward to UT Health Services this documentation and a copy of the employee's job description provided by the employee's supervisor. UT Health Services may use this information to perform an evaluation for the purpose of clarifying the temporary work restrictions and/or temporary job accommodations. The results of the evaluation will be sent to RMI, the employee's supervisor, and the employee.

在工作评估之后,UT健康服务,员工的主管,案件经理和/或RMI可以开会讨论员工的工作局限性(由员工的出席医疗保健提供者和UT保健服务评估)以及雇员临时的可行性以改良的能力返回工作。

3. Bona Fide Offer of Employment

如果主管/部门可以通过临时修改职位合理地容纳雇员,则雇员和雇员的主管必须以书面形式同意根据DWC 73. RMI或案件经理开发的临时修改任务任务的要求。将协助促进本协议。将向雇员提供真正的就业机会,从而为员工提供了在临时修改的职位中返回工作的机会,不超过180天。签署协议的副本将提供给RMI。

If the employee’s home department is unable to accommodate the employee’s need for modified duty, RMI or the case manager will determine if another position is available within the university. If a position is available, the employee will be returned at 100% of his or her regular pay with full benefits. The employee’s home department will be responsible for paying the employee’s regular wages during the reassignment. Upon release to return to work in the employee’s original position, the employee will return to his or her regular position and/or duties in the home department. For temporary or permanent accommodations beyond 180 days, seeHOOP 101, Disability Accommodation, or contactDiversity and Equal Opportunity

If the employee is not released by his or her attending health care provider to return to regular duties at the end of 180 days or if, during the 180 day period, the employee's health care provider determines it is no longer practical or feasible to continue the temporary modified duty assignment, the employee will be informed of his or her options and may be separated from the university. .

If an employee is released by his or her attending health care provider to temporary modified duties, the employee will perform his or her temporary modified position in accordance with the Bona Fide Offer of Employment. If the employee refuses or does not acknowledge a Bona Fide Offer of Employment for temporary modified duties presented in person or sent via certified or regular mail, the insurance carrier, after five working days from mailing or presentation of the Bona Fide Offer of Employment, may reduce the indemnity benefits of the employee, and the employee may be subject to termination.

While an employee is on a modified duty assignment, medical re-evaluation by the employee's health care provider must be performed monthly at the expense of the Workers' Compensation Insurance program, as provided by that program.

4.与妊娠有关的条件

与怀孕有关的雇员也可能有资格获得临时修改职责(请参阅HOOP 101, Disability Accommodation). Employees seeking temporary modified duty due to a pregnancy-related condition should follow the procedures outlined inHOOP 101。在这种情况下,不需要正式的就业机会。

F.死亡益处

If the death of an employee results from a compensable injury or occupational disease, death and survivor benefits are payable to the legal beneficiaries in accordance with the Texas Workers' Compensation Act.

iv。联系人

    • Risk Management and Insurance
    • 713-500-8100
    • //www.tjghsg.com/safety/risk-management-and-insurance/

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