Workers Compensation

Report an Injury

This program follows state law to compensate and protect employees who suffer personal injury by accidents arising out of and in the course of employment. This policy covers every employee of Middlebury.

Policy Statement

This policy is subject to applicable legal requirements established by the Vermont Legislature. It provides medical and disability benefits for work-related injuries and illnesses for employees who suffer personal injury by accidents arising out of and in the course of employment, and which have been accepted as a workers’ compensation claim. It covers both traumatic injuries caused by sudden accidents and gradual onset injuries resulting from repetitive motion or stress.

Safety is everyone’s responsibility. Employees and supervisors are subject to administrative action if safety rules and procedures are not followed.

Procedure

• An employee who sustains a work-related injury or illness must inform Human Resources (hr@middlebury.edu) and his/her supervisor as soon as possible, no matter how minor the injury or illness may appear. If the injury is a repetitive stress injury, the employee must report the injury to both the supervisor and Human Resources as soon as it is determined that the injury is job related. Employees must complete the Injury Reporting and Safety Form within 24 hours of the accident/incident. A First Report of Injury claim will be filed with the State of Vermont and workers’ compensation carrier for review and processing. Additional documents relating to workers’ compensation claims will be discussed if needed.
  
   
• Supervisors will receive an email notification after an incident is reported. This email will contain a link to the Supervisor Internal Investigation Report. Please complete this report within 24 hours of receiving the notification. The report is reviewed by the assistant treasurer, and the Environmental, Health and Safety Coordinator.
  • If the supervisor would like to report the incident on behalf of the injured employee, they may do so via the Injury Reporting and Safety Form.

• The employee and supervisor must inform Benefits (benefits@gmhec.org) of any time away from work. Issues concerning use of CTO/SLR while out of work for either compensation or payment of benefits, either full-time or part-time, need to be discussed before submitting time for payroll.
• If the claim is a medical or loss work time claim, the employee will be notified of a claim number by FutureComp via US mail.
  
   
• The workers’ compensation carrier will contact the employee when necessary, and will mail appropriate forms to the employee.
  
   
• All bills associated with an accepted claim should be sent directly to the workers’ compensation insurance carrier by either the medical provider or the employee.
  
   
• Doctor’s notes with work restrictions should be forwarded to Benefits  (benefits@gmhec.org). Any non-exempt employee on restricted work duty is not eligible to work overtime.
  
   
• Ongoing, constant communication between the injured employee, the supervisor, and Human Resources is needed throughout the entire process.

For additional questions concerning workers’ compensation claims, employees can visit Vermont Department of Labor & Industry Workers’ Compensation Division or call (802) 828-2286.

Employee Status and Benefits during Workers’ Compensation

While an employee is out of work due to a covered work related injury/illness, Middlebury will continue his/her health benefits during the period of time at the same level and same conditions as if s/he had continued to work. The employee continues to accrue seniority. CTO will accrue for any portion of the leave designated as time away from work under the Family and Medical Leave Act (FMLA).

Under current policy, all employees pay a portion of the cost of health insurance. While an employee is out for an approved work injury, the employee will need to use enough CTO/SLR to continue to make payroll reductions/deductions to collect the employee’s share of the premium. If the employee has exhausted the CTO/SLR, s/he must reach out to GMHEC Benefits benefits@gmhec.org or 443-5485 to make arrangements to continue to make the payments.

If the employee contributes to a life insurance, disability, or retirement plan, Middlebury will continue making payroll deductions/reductions while the employee is on paid leave. While the employee is on unpaid leave, the employee must continue to make those payments. If the employee does not continue these payments, Middlebury will recover the payments at the end of the leave period, in a manner consistent with the law.

Use of CTO/SLR

An employee may bring his/her salary to its regular biweekly level by using his/her accumulated sick leave reserve or CTO. The employee must request Middlebury to add the SLR or CTO to his/her paycheck. The supplement may continue until the accumulated sick leave reserve/CTO has been exhausted. If an employee needs to leave work during his/her assigned shift due to an injury, the employee will be paid through the end of the day.

Procedure for Return to Work

Middlebury requires that an employee present a medical certification of fitness prior to returning to work. The release to work must address in detail any period of restrictions in the work activity. The release to return to work needs to address in detail any period of restrictions in work activity. The note should include the dates that an employee may need to be away from work as well as any and all restrictions that are deemed necessary by the doctor to keep the employee safe for return to work. Middlebury may delay restoring the employee to employment without such certification.

Middlebury will attempt to address the restrictions to bring the employee back to work in a safe environment. Employees and supervisors are subject to administrative action if the restrictions are not followed.

Employee Status after a Workers’ Compensation Claim

An employee who takes leave under this policy will be able to return to the same job or a job with equivalent status, pay, benefits, and other employment terms.