Workers Compensation Benefit Workers' Compensation Benefit

General

Workers' Compensation benefits are available to any employee who suffers disability through accident or occupational disease arising out of, and in the course of, his or her employment, according to the provisions of the North Carolina Workers' Compensation Act.

Eligibility

All University employees, whether full-time, part-time, or temporary, are eligible for Workers' Compensation benefits.

Medical benefits

The Worker's Compensation Act of North Carolina provides for full payment of medical expenses from an accident or occupational disease arising out of, and in the course of, employment. The medical care provider should be informed that the illness or injury is work-related at the time of treatment; however, if it is subsequently determined that the injury or illness was not in fact work-related, the employee will be responsible for payment of the medical fees to the care provider. Further medical services such as rehabilitation, physical therapy, or chiropractic services, require prior approval through the University Employee Occupational Health Clinic (UEOHC), or they will not be covered.

Workers' Compensation Leave Benefits

Employees who suffer lost work-time injuries or illnesses are eligible to receive Workers' Compensation leave pay, equivalent to two-thirds of their average weekly wage, with a maximum equal to the average wage in North Carolina. The maximum compensation rate is adjusted annually by the North Carolina Industrial Commission.

Limitations Based on Length of Disability

Lost Work-Time 7 Days or Less: Workers' Compensation Leave benefits are not payable if the lost work-time is seven calendar days or less. For payroll purposes, the lost work-time must be charged to Vacation Leave, Sick Leave, or Leave Without Pay. The HR-28, Workers' Compensation Leave Option, Appendix A, must be completed to choose leave for the seven-day waiting period.
Lost Work-Time More than 7 Days, Less Than 21 Days: If the lost work-time exceeds seven days, but is less than twenty-one calendar days, the days in excess of seven days must be charged to Workers' Compensation Leave.
Lost Work-Time 21 Days or More: If the lost work-time exceeds twenty-one days, the seven-day waiting period is waived and Workers' Compensation Leave payments begin from the first day of disability, or the employee is reimbursed at the end of the twenty-one days.
Note: If the employee has used Vacation or Sick Leave for the seven-day waiting period, that leave cannot be reinstated to his/her leave record. If Vacation or Sick Leave was used after the waiting period, that leave is reinstated to the employee's leave record.

Leave Supplement

Effective October 1, 1987, the State Personnel Commission policy allows an employee to supplement to weekly benefit by use of earned sick or vacation leave. Employees on workers' compensation leave drawing temporary total disability benefits may supplement in accordance with a schedule published by the Office of State Personnel each year. To choose the Workers' Compensation supplement, an employee must check Option 2 on the Workers' Compensation Leave Option, HR-28, Appendix A. Election may not exceed the employee's earned leave balance prior to injury. The published OSP schedule may be accessed by the following link: www.osp.state.nc.us/emprsk/workcomp.htm. Select "Quick Links" and you will find the WC Supplemental Leave Schedule for 2007. The HR-28, Appendix A form may be accessed by visiting the Workers' Compensation forms page.

Short-Term Disability

Generally, short-term disability benefits are offset by Workers' Compensation benefits. However, if the employee is out of work for more than 60 calendar days, eligibility for short-term disability benefits will be determined by the Office of Human Resources, Benefits Department.

Long-Term Disability

An employee who is receiving Workers' Compensation Leave pay or weekly payments from a settlement agreement is not eligible for long-term disability benefits until all Workers' Compensation payments have been exhausted.

Retirement

Workers' Compensation Leave pay ceases when an employee retires, but weekly payments from a settlement agreement does not affect retirement benefits.

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