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5.8: Workers' Compensation

SCOPE: FACULTY AND STAFF

Issued: 4/1/00

Revised: 1/01/07

1. Workers’ compensation has been established by a series of acts which have evolved into the current laws providing this coverage. Financial compensation is paid to employees for physical injuries and illnesses arising out of and in the course of employment. Workers’ compensation laws provide rights and responsibilities to the employee and the employer; and remedies in case of dispute. The administration of the law is overseen by the State Office of Risk Management (SORM). Workers’ compensation is not a form of health insurance; nor does it provide compensation for damage to, or loss of, personal property.

2. All University employees who have a physical injury or occupational disease as a result of or in the course of employment are eligible to file for workers’ compensation.

3. The University is required to furnish each employee a safe place to work, free from recognized hazards likely to cause harm. The University is also required to provide initial assistance to injured employees by notifying them that they are covered by workers’ compensation and the proper procedure to follow in applying for benefits. The University must secure information on the injury to submit to the SORM. The Office of Human Resources will coordinate workers’ compensation claims.

4. The employee must fulfill the following responsibilities to establish a claim for compensation:

4.1 The employee must notify his/her supervisor, or a higher level person within his/her department, of an on-the-job injury, or first clear symptoms of an occupational disease within thirty (30) days of that injury or first clear symptoms.

4.1.1 Supervisors are required to complete the TWCC-121 (Supervisor’s Investigation of Employee’s Accident/Injury) the same day of the accident/injury/illness and return it to Human Resources.

4.1.2 Incident/accident investigations shall be completed by the Office of Risk Management within one working day of notification.

4.2 A Notice of Injury or Occupational Disease and Claim for Compensation must be completed and filed by the employee with the Texas Department of Insurance, Division of Workers’ Compensation within one year of the injury or first clear symptom of the occupational disease.

4.3 An employee who fails to give notice to the University of the injury or symptom of occupational disease within 30 days causes the University and the SORM to be relieved of any legal responsibility.

4.4 Compensation is not a full wage. Health and other insurance premiums are the responsibility of the employee.


Reference:

Texas Labor Code, Title 5, Workers’ Compensation