Disability - Workers' Compensation
To review recently updated (March 1, 2012) Workers' Compensation HR Policy & Procedure, which includes new post-accident drug/alcohol screening and light duty requirements, click here.
For answers to frequently asked questions regarding post-accident testing, visit this page.
The University of Kentucky provides Workers Compensation for injuries which occur on the worksite and for eligible occupational illnesses. The plan adheres to the guidelines of Kentucky Revised Statute 342. If you are injured within the course of employment, report your injury to your supervisor as soon as possible.
The injury should be reported immediately by calling (800) 440-6285. Click here for a list of network physicians.
Steps for Reporting an Injury
- Contact your supervisor immediately to report the incident.
- Your supervisor will help determine if you need medical care. If it's determined you need medical care, your supervisor should contact the Workers' Care 24-hour access line immediately (800-440-6285) to report the incident. Please note, if your supervisor is unavailable, call the access line and report the incident yourself. Workers' Care will direct you to the appropriate facility for medical care.
- Proceed to the UK Workers' Care network facility for evaluation and care.
First 7 (Calendar) Days Off
If an employee is found to be temporarily and totally disabled by the Workers' Care treating physician and is entirely off work as a result of a work related incident, the department is responsible for changing the earnings code to 7409 or 7413 (depending on FMLA eligibility) and paying the employee as if the employee was at work for the first 7 calendar days (generally 5 working days) of lost time. Family Medical Leave should also be offered to the employee if the medical condition satisfies the "serious health condition" criteria. This generally applies when the employee has been off work three days or greater.
8th Day Forward
Beginning with the employee's eighth day of lost time, the department is no longer responsible for benefit pay to the employee. The employee will receive a check for 66 2/3% of their average weekly wage, at the time of injury, from the University's Third Party Administrator. Injured employees may elect to use VL or TDL (available as of the last day of active work) for the remaining 1/3. The department must again change the earnings code to reflect the employee's current status (see the list of appropriate codes below). If the employee elects to supplement the remaining 33 1/3% of their pay with accrued temporary disability or vacation, not only must the corresponding earnings codes be used but the 33 1/3% pay must be calculated in terms of hours worked and submitted on a time sheet.
Family Medical Leave (FMLA)
University policy (22.214.171.124.) states Workers' Compensation shall be designated as FMLA (to the extent it qualifies as FMLA) and shall run concurrently with FMLA leave. The department must send a letter to the employee stating that s/he qualifies and is being placed on FMLA. The department must also include an application for FMLA to be completed by the employee and the treating physician. The FMLA application may be obtained by clicking here. The department should request the application be returned by an established date and include the number of sick and vacation days the employee has accumulated prior to injury.
Employees who are eligible for FMLA include those who have been employed at the University for at least twelve months and who worked at least 1250 hours in the previous year. The employee must have a condition that requires multiple treatments, be incapacitated long term, hospitalized, or have a chronic condition.
Employees who are not eligible for FMLA include temporary employees, those who have not been employed at the University for 12 months, those who have been employed at the University for 12 months but who have not worked at least 1250 hours in the previous year, and those who have exhausted their FMLA leave.
Other Benefit Information
The employee will continue to accrue vacation and sick leave but cannot use this time until they return to work for 10 consecutive working days as described in Human Resources Policy and Procedure 96.0. The departmental letter should also inform the employee the University Health Care Credit will continue as described in Human Resources Policy and Procedure 96.0; however, the employee will be responsible for any and all additional deductions and premiums. Arrangements for payment may be made with the Benefits office by calling (859) 257-9519, opt. 3. The department should review the completed FMLA form for accuracy and then send to Compensation (21 Scovell Hall). For further details or questions related to Family Medical Leave, contact Employee Relations at (859) 257-8758.
Worker's Compensation Time Codes
7413 FMLA Work Comp W/Pay
7409 Dept. Worker Comp
Returning to Work
Lost time is a hardship for any employee and for their department. It should be a priority to return the employee to work as soon as possible. Providing light duty opportunities or temporary alternate work can speed recovery and greatly reduce the overall amount of time the employee will be off. Light duty is not meant to be permanent and normally will not exceed 90 days. The employee should not be allowed to return to regular duty without a full doctor's release. Any restrictions or limitations the employee may have when returning to work should be listed on the written release. It is the joint responsibility of the supervisor and the employee to insure the employee abides by these restrictions to avoid re-injury.
Workers Compensation Pay Codes
|7409||Dept. Worker Comp||Use during the 1st seven days an individual is off work due to a worker's comp injury, if the employee is not eligible for FML.|
|7413||FMLA Work Comp w/pay||Use during the 1st seven days when worker's comp and FML run concurrently|
|7414||FMLA Holiday w/pay||Use when an individual has been off work on worker's comp more than 7 days, is using FMLA, and wants to supplement TTD payments with a banked holiday that had been previously accrued. This will be a maximum of 1/3 of their regular pay.|
|7415||FMLA TDL Emp w/pay||Use when an individual has been off work on worker's comp more than 7 days, is using FML, and wants to supplement TTD payments with TDL leave. This will be a maximum of 1/3 of their regular pay.|
|7417||FMLA Vacation w/pay||Use when an individual has been off work on worker's comp more than 7 days, is using FML, and wants to supplement TTD payments with vacation leave. This will be a maximum of 1/3 of their regular pay.|
|7418||FMLA Other wo/pay||Use when an individual has been off work more than seven days with a worker's comp injury, is using FML, and is not supplementing their TTD pay.|
|7450||Dept W/C Supp Holiday||Use when an individual has been off work on worker's comp more than 7 days and wants to supplement TTD payments with a banked holiday that had been previously accrued. This will be a maximum of 1/3 of their regular pay.|
|7452||Dept W/C Supp TDL||Use when an individual has been off work on worker's comp more than 7 days and wants to supplement TTD payments with TDL leave. This will be a maximum of 1/3 of their regular pay.|
|7454||Dept W/C Supp Vacation||Use when an individual has been off work on worker's comp more than 7 days and wants to supplement TTD payments with vacation leave. This will be a maximum of 1/3 of their regular pay.|
|7457||Dept W/C WO/Pay||Use when an individual has been off work more than seven days with a worker's comp injury and is not supplementing their TTD pay.|
|3730||Any STEPS employees on worker's comp|
*For additional information regarding Workers Compensation contact:
Rachel Franklin , Disability Benefits Specialist, at (859) 257-8838
Bart Miller, Disability Manager, at (859) 257-8804
To report an injury call (800) 440-6285
- Employee misses 2 consecutive days; not eligible for FMLA
Employee will miss 2 days of work due to a WC injury. The employee is not eligible for FMLA. Use time code 7409 for both days.
- Employee misses 2 consecutive days; eligible for FMLA
Employee will miss 2 days of work due to a WC injury. The employee is eligible for FMLA. Use time code 7413 for both days. Initiate FMLA application- http://www.uky.edu/HR/emprel/FMleave1.pdf
- Employee misses 8 consecutive days; not eligible for FMLA
Employee regularly works Monday through Friday. Employee is injured on Wednesday and is not eligible for FML. Employee misses work due to the injury for 8 days. The employee will not supplement WC pay. Use time code 7409 for 8 hours on Wednesday, Thursday, Friday, Monday, and Tuesday. Use time code 7457 for 8 hours the Wednesday following the injury.
- Employee misses 8 or more days; is eligible for FMLA
Employee regularly works Monday through Friday, 7.5 hours per day. Employee is injured on Tuesday, is eligible for FML, and will be off work for several months. The employee will supplement WC pay with sick leave. Use time code 7409 for 7.5 hours on Tuesday, Wednesday, Thursday, Friday, Monday. Use time code 7415 for 2.5 hours beginning the Tuesday after the injury and continuing until sick leave is exhausted. Use 7418 for 5 hours per day beginning the Tuesday after the injury. Once sick leave is exhausted, use 7418 for 8 hours per day.
- Employee missed intermittent days; not eligible for FMLA
Employee regularly works Monday through Friday. The employee is not eligible for FMLA. The employee is injured on a Friday and initially only misses 2 days from work due the injury (Friday and Monday). A week later, on a Thursday, the employee is placed off work for several weeks by a network physician due to the work-related injuries sustained. Use time code 7409 for the initial Friday and Monday the employee misses. This missed time would count as days 1 thru 4 days (you will also count Saturday and Sunday) out of the first seven days paid by the department. For the later missed time, use time code 7409 when the employee is placed off work for the Thursday and Friday (days 5 and 6 paid by department). The next calendar day, Saturday, would count as the 7th day missed. For the remaining time off, use time code 7457 until the employee is returned to work by the worker's comp doctor. Any days the employee is not scheduled to work should be counted as zero hours:
|Thursday||Earnings Code 7409 - day 1 of 7|
|Friday||Earnings Code 7409 - day 2 of 7|
|Saturday||Earnings Code 7409 - day 3 of 7; 0 hours if the employee works Monday through Friday|
|Sunday||Earnings Code 7409 - day 4 of 7; 0 hours if the employee works Monday through Friday|
|Monday||Returned to Work; Normal Coding|
|Wednesday||Normal CodingNormal Coding|
|Thursday||Normal CodingNormal Coding|
|Friday||Normal CodingNormal Coding|
|Thursday||Earnings Code 7409 - day 5 of 7|
|Friday||Earnings Code 7409 - day 6 of 7|
|Saturday||Earnings Code 7409 - day 7 of 7; 0 hours if the employee works Monday through Friday|
|Sunday||Earnings Code 7457 - 0 hours if the employee works Monday through Friday|
|Monday||Earnings Code 7457|
|Tuesday||Earnings Code 7457|
|Wednesday||Earnings Code 7457|
|Thursday||Earnings Code 7457|
|Friday||Earnings Code 7457|
|Saturday||Earnings Code 7457|