Workers’ Compensation

Date Updated: May 9th, 2012

Scripps College, in accordance with state law, provides insurance coverage for employees in case of work-related injury. The workers’ compensation benefits provided to injured employees may include medical care, a percentage of the employee’s salary to replace lost wages if the employee is temporarily disabled, permanent disability benefits, death benefits and certain other benefits.

To ensure that you receive any workers’ compensation benefits to which you may be entitled, you will need to immediately report any work-related injury to your supervisor, Office of Human Resources or The Claremont Colleges Disability Administrator or Contact Campus Safety at extension 72000 after normal College business hours.

 

Medical Treatment

Medical treatment, if required, will be arranged with The Claremont Colleges designated provider network. You may select a physician from the provider network for treatment of your work related injury or illness.

You may pre-designate a treating physician prior to a work related injury. You will be given the opportunity to pre-designate your personal physician at new hire orientation and benefits open enrollment. The pre-designated physician must have served as your personal and regular physician and your physician must agree in writing to accept the workers’ compensation assignment. A pre-designation form is available in the Office of Human Resources.

 

Benefits

Scripps College will continue your insurance coverage under the same terms and conditions as was provided while you were working during the first 12 months of a workers’ compensation leave of absence. You will still be responsible for the same premiums for your insurance benefits as if you were at work. If you are on an unpaid leave of absence, you will need to send a check to the Office of Human Resources for your portion of the premium within the first five (5) days of each month. Failure to make timely payments may result in termination of your coverage.

The maximum length of time that Scripps College will continue an employee’s insurance coverage during any leave of absence is 12 months. At that time, the employee will receive notice of his or her right to continue medical benefits through COBRA. Employees who elect to continue benefits through COBRA will be required to pay all applicable COBRA premiums to continue such benefits.

 

Workers’ Compensation and FMLA/CFRA

Employees who are ill or injured as a result of a work-related incident, and who are eligible for family and medical leave under FMLA and/or CFRA will be placed on FMLA/CFRA during the time they are disabled and not released to return to work. The leave under these laws runs concurrently.

 

Paid Sick Leave and Workers’ Compensation Benefits

When you report a work-related illness or injury, you will be sent for medical treatment, if treatment is necessary. You will be paid your regular wages for the time you spend seeking initial medical treatment.

Any further medical treatment will be under the direction of the health care provider. Any absences from work for follow-up treatment, physical therapy or other prescribed appointments will not be paid as time worked. You may elect, however, to use your accumulated sick leave for absences related to follow-up treatment, physical therapy and other appointments.

If you do not have accumulated, paid sick leave, or if you have used all of your sick leave, you may choose to substitute vacation/paid time off for further absences from work, related to your illness or injury.

 

Return to Work

It is the desire of Scripps College to return employees who have suffered a work-related back to work. Employees will remain on workers’ compensation leave until they are able to return to work, with or without accommodation, or are deemed “permanent and stationary” and are determined unable to return to work with or without accommodation. Depending on the length of this leave and the employee’s position, Scripps College may fill the employee’s position during this leave if justified by business necessity. In such case, the College will endeavor to return the employee to another vacant position if and when the employee is able to return to work. If the employee’s position has been filled due to business necessity and there are no available positions after the employee has been cleared to return to work, the employee’s employment with the College will be terminated. This determination will be made on a case-by-case basis.

An employee returning from workers’ compensation leave has no greater right to reinstatement than if the employee had been continuously employed rather than on leave.

 

Temporary Transitional (Modified) Duty and/or Regular Alternative Work

Scripps College is committed to providing work, when possible, for employees who have been restricted by a physician due to a work-related injury or illness. Such work will be provided when possible. Work will be assigned in accordance with the limitations set forth by the treating physician. Every effort will be made to place the employee in a position within their own department, but, if necessary, an employee will be placed wherever an appropriate position is available.

 

Fraud

Scripps College is required to notify the workers’ compensation insurance company of any concerns of false or fraudulent claims. Any person who makes or causes to be made any knowingly false or fraudulent material statement or material misrepresentation for the purpose of obtaining workers’ compensation benefits or payments is guilty of a felony. A violation of this law is punishable by imprisonment for one to five years, or by a fine not exceeding $50,000 or double the value of the fraud, whichever is greater, or both. Additional penalties may also apply.