REG 04.20.04 – Workers’ Compensation

Authority: Vice Chancellor for Finance and Administration.

History: First Issued: 1985 Last Revised: February 13, 2008.

Contact Info: Director of Benefits (919-515-4310)

1. Purpose

The purpose of the program is to ensure that all eligible employees who experience a work related injury or illness receive appropriate medical care and equitable benefits as provided under the Workers’ Compensation Act and the Workers’ Compensation of the State Personnel Policy.

2. Policy Statement

The Workers’ Compensation law provides medical benefits and disability compensation including a weekly compensation benefit for time lost. The weekly benefit is equal to 66 2/3 % of the average weekly earnings up to a maximum established by the North Carolina Industrial Commission each year. When an employee is injured, he/she must go on workers’ compensation leave and receive workers’ compensation weekly benefits after the waiting period required by statute (G. S. 97-28). If an employee refuses workers’ compensation benefits, he/she must sign a release statement.

3. Covered Employees

All University employees in pay status are covered under the State Government Workers’ Compensation Program, including full-time faculty, staff (SHRA and EHRA), senior administrative officers, part-time employees, student employees, and temporary employees (excluding those contracted by Temporary Agencies).

4. Responsibility

4.1. The North Carolina Industrial Commission was established by the North Carolina General Assembly in 1929 to administer the Workers’ Compensation Act. The Act provides protection for workers and employers within North Carolina against loss due to work-related injury or disease. The Industrial Commission also has jurisdiction over claims against the state and claims by families of law enforcement officers, fire fighters, and rescue squad workers.

4.2. The State of North Carolina contracts with a Third Party Administrator (TPA) to handle the individual workers’ compensation for the University System.

4.2.1. The TPA is responsible for accepting or denying liability for the State and is also responsible for monitoring and processing the claims. Additionally, the TPA is responsible to pay medical benefits and compensation in accordance with the North Carolina Workers’ Compensation Act.

4.2.2. Additionally, the TPA is responsible to pay medical benefits and compensation in accordance with the North Carolina Workers’ Compensation Act.

4.3. The University’s primary responsibility is to arrange for and provide for the necessary treatment for any work related injury.

4.3.1. The University’s Workers’ Compensation Coordinator establishes the procedures and processes to ensure injured employees receive the appropriate level of care and compensation in accordance with State Law.

4.3.2. The University and the TPA try to provide the best possible medical care for injured employees to help them reach maximum medical improvement and return to work as soon as possible.

4.4. The responsibility for claiming compensation is on the injured employee. Employees must report workplace injuries to their supervisor immediately. The Workers’ Compensation Act requires that an employee give written notice to the employer within 30 days of accident or within 30 days of being diagnosed as having a disease associated with employment. After 30 days no compensation is payable without a ruling by the Industrial Commission.

5. Compliance:

5.1. The University Benefits Office shall be responsible for preparing guidelines and instructions necessary and appropriate to ensure compliance with the Workers’ Compensation Act and the State adopted policy.

5.2. The University Benefits office will provide training and advice to managers and supervisors to assure their understanding of the process and procedures.

5.3. The University Benefits Office shall communicate the policies and procedures with all employees.