Manager Information: If Unable to Work
The Manager Safety Toolkit (PDF Format) is designed to help managers identify and analyze job hazards in the workplace, weed out the causes of injuries and illnesses, and determine what to do if an accident happens.
It's important to know that not all injuries and illnesses that
happen at work are covered under workers' compensation.
Each incident report is evaluated to determine whether workers' compensation can
be provided to an injured employee or whether other forms of income replacement
and/or health insurance are more appropriate. This evaluation is completed by
one of the staff members within the Workers' Compensation Office who is
available to answer your questions regarding an eligibility determination for
your employee. The information below is applicable when the injury is one that
is covered under workers' compensation.
How will my
staff member be paid while out of work?
The first seven calendar days are a "waiting period" and are not paid by
workers' compensation. After your staff member is out of work for seven calendar
days, the Workers' Compensation Office will provide a weekly payment directly to
him or her. You do not need to code this payment on your staff member's
timecard; it will be calculated by the Workers' Compensation Office. This weekly
amount is generally charged to the Workers' Compensation Claims Budget. This
non-taxable amount is about two-thirds of your staff member's average weekly
wage up to a maximum of $754 per week.*
No deductions are taken from this weekly check, so it is important to remind
your staff member to continue to make any voluntary deductions (e.g. health or
dental insurance) directly to Accounting Services so that their participation in
these plans continue. Your staff member should contact the HRIC at 684-5600 with
any questions they have regarding their Duke benefit plans.
If your staff member selected direct deposit for their regular paycheck, the
weekly workers' compensation check will be direct deposited into the same
account. If your staff member selected to receive a "live" check, a live check
will be mailed to your staff member's home address each week based upon the
address in SAP/R3. *The maximum weekly rate for injuries
occurring in 2006 is $730.
Can my staff member use benefit time?
Yes, your staff member can use benefit time during the first seven calendar
days of missed time. If your staff member is unable to work for over twenty one
calendar days, the waiting period is waived and your employee will be eligible
for workers' compensation from that first day of work that he or she missed. At
that time, your employee will be given a choice of having the hourly equivalent
of that amount restored to their benefit time bank or paid out. The Workers'
Compensation Office will contact your employee to confirm the selection and put
through the necessary paperwork to complete this process.
Also, if your employee earns over $1,130 per week, he or she can supplement
up to 2/3 of the difference between the $1,130 and their usual weekly gross
wages. For example, if your staff member usually has a gross weekly income of
$1,500, an additional $247 (2/3 the difference between $1,500
and $1,130) in accrued benefit time may be paid to your employee. You would need
to code this time on your staff member's timecard; the Workers' Compensation
Office is available to help you with this calculation as needed.
How long can
my staff member receive workers' compensation?
Until he or she is able to return to work.
Who lets my staff member know this weekly payment process?
Staff within the Workers' Compensation Office are responsible for determining
whether employee injuries can be covered under workers' compensation and
administering many aspects of this process. These staff members regularly
communicate with your employee about their weekly wage amount (or their attorney
if your employee has chosen to be represented by legal counsel). But, it is very
important that you also remain connected with your staff member while he or she
is out of work. Please let us know if your employee expresses concern regarding
any aspect of the process so that the issue can be addressed.
The Workers' Compensation Office is located at 154 Trent Hall, Durham NC, 27708
and the staff contact information is as follows:
| Joyce Williams, Director |
684-6693 |
joyce.williams@duke.edu |
| Delphine Goines, Claims Manager |
684-6821 |
goine001@mc.duke.edu |
| Rebecca Johnson, Return to Work Coordinator |
684-6235 |
johns244@mc.duke.edu |
| Brenda Mitchell, Claims Specialist |
684-2966 |
brenda.s.mitchell@duke.edu |
| Valerie Hightower, Claims Specialist |
684-3595 |
valerie.hightower@duke.edu |
| Denise Johnson, Claims Specialist |
684-6545 |
denise.f.johnson@duke.edu |
| Kathy Norris, Medical Claims Specialist |
684-6764 |
Kathy.norris@duke.edu |
| Zelda Landrum, Business Manager |
668-1898 |
zelda.landrum@duke.edu |
| Brenda Kerr, Billing Speciailst |
684-6693 |
brenda.kerr@duke.edu |
| Miles Johnson, Unemployment Claims Specialist |
684-6885 |
miles.johnson@duke.edu |
Who keeps me posted regarding when my staff member can return to work?
Staff in the Employee Occupational Health and Wellness (EOHW) office are
responsible for providing medical treatment to your employee and keeping you
informed about where your staff member is in the healing process, their
anticipated date of return, and any job restrictions and their duration. This
communication to you is via a form known as the Health Recommendation Form (HRF). EOHW
will mail you this form after each visit. You can also contact EOHW for up-to-date
information regarding your employee's medical status at 681-0502. Managers of
staff at DRH should contact DRH Employee Health at 470-5350 for up-to-date
information regarding their staff members' medical conditions.
Managers that take the lead role in maintaining direct contact with their
staff member about where they are in the healing process and communicating the
continued need for that staff member back in the department have the most
current information and find their staff return back to full duty more quickly.
You are strongly encouraged to establish a weekly follow up day/time to call
your staff member and speak with him or her directly about their medical
progress.
What is a "charge back"?
A charge back is the reversing of the weekly workers' compensation payment
made to your staff member from the workers' compensation budget to your budget.
It occurs when a department does not take back their employee that has been
released to return to work (with or without restrictions) or when an incident
report is filed more than 24-hours after the incident occurred and the injury
results in the employee being unable to work.
These policy provisions became effective July 1, 2004 as a mechanism to rein
in dramatically increasing workers' compensation costs. The reasoning behind the
provision and why it has been so effective is that the quicker an employee can
safely return to their job, even with restrictions, the quicker he or she will
fully heal. Also the sooner an accident is reported, the better the
opportunities are to investigate, assure the individual receives appropriate
medical care, and the department can take action to prevent others from being
injured.
How
long should I hold my employee's job?
Generally, FMLA runs concurrent with the first missed day of work due to the
on-the-job injury. FMLA requires that you hold the job for your "eligible
employees" for at least twelve weeks. Eligible employee here means one that
meets the FMLA requirements (e.g. one year of service at Duke and 1,250 hours
worked in the prior 12-months). You may choose to fill the position after the
twelve week period; however, you will be financially responsible for the "charge
back" of your staff member's wage replacement if a suitable, alternative job is
not available for your staff member when they are released to return to work.
For more information about FMLA, please see the
Leave of Absences Web Site.
If I fill their job, what happens to my staff member's benefits?
When your employee was unable to work, the Workers' Compensation Office put
through the forms to move your staff member to a leave status. This leave
status, called a "Workers' Compensation Leave" or "W Code" preserves many of the
benefits in which your staff member was participating. Please see the Benefits Checklist for
further information about how a Workers Compensation absence can affect your
employee's benefits.
So my employee isn't terminated from Duke if I fill their position?
Generally, employees unable to work due to an on-the-job injury continue to
be Duke employees.
My employee will be out a very long time and I am no longer able to hold
their job. How do I fill their position?
You will want to talk with the budget area that handles your department's
position management to ensure they understand your staff member is on a workers'
compensation leave and is not anticipated to return in the near future. You will
likely need to obtain this budgetary approval as your salary budget may appear
to be over by an FTE as your staff member on leave will continue to appear
within your cost center (i.e. your budget may appear to be over allocated).
After obtaining budgetary approval, contact your Recruiter in HR to guide you
through the usual job posting and recruitment process.
Should
I tell my staff member that I have to fill their job?
Yes. However, this will likely be a very difficult conversation between you
and your employee and it may also be one which profoundly impacts the speed at
which your staff member completes the healing process and returns back to work.
Please contact Staff & Labor Relations and/or the Personal Assistance Service
(PAS) if you have any concerns on how to facilitate this important discussion.
Also, your continued contact with your staff member continues to be important -
- this contact between supervisor and injured staff member has been linked to
many positives in speeding the recovery of injured workers. Lastly, remember
that you will continue to be financially responsible for your staff member's
wage replacement when they are ultimately released to return to work, until they
are placed in a suitable position.
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