IS-2093 Workers' Compensation (Policy)
Human Resources
Release Date: 8/13/01
Revision 1:10/10/07
Policy
CNM Board Policy
Employee Handbook 6.07, Workers' Compensation
Employee Handbook 8.19, Absence without Leave
Employee Handbook Section VIII, LEAVE POLICIES
Administrative Directive
Although Central New Mexico Community College (CNM) is committed to providing a safe work environment for its employees, the College recognizes there may be times when accidents occur on the job. CNM provides an insurance benefit called Workers' Compensation that includes medical, lost-wages, and death benefits for a job-related injury or illness. In accordance with New Mexico's Workers' Compensation Act (52-1-28.2 NMSA 1978), this policy establishes guidelines and procedures to ensure employees are compensated for lost earnings and medical expenses incurred as the result of a job-related injury or illness.
As part of its commitment to workplace safety, CNM requires each employee to take the Hazard Communication class, Defensive Driving prior to driving a CNM vehicle, and other departmental safety-related orientations and workshops to ensure the employee has the information and awareness necessary to safely function in the workplace.
2. Exclusive Remedy / No-Fault Standard
Workers' Compensation is the exclusive remedy for employees injured on the job. It establishes a no-fault system which focuses on recovering health and getting employees back to work, rather than trying to establish who's to blame for an injury.
If the injury is an emergency that requires immediate medical attention, dial 911 from a CNM phone or a Code Blue parking lot phone immediately. If using a cell phone, call Security at 224-3001.
3.1 Regardless of the severity, or whether or not medical treatment is sought, on the job accidents/injuries must be reported immediately to the supervisor, and no later than 15 days after the accident/injury occurred.
3.2 The employee is responsible for completing the Notice of Accident report and providing it to the supervisor for signature. The supervisor submits the report to the Human Resources Department.
3.3 Human Resources is responsible for completing the online version of the Employer's First Report of Injury or Illness and submitting it to CNM's Workers' Compensation Third Party Administrator.
In cases of an injury requiring immediate medical attention, the employee should dial 911 from a CNM phone or a Code Blue parking lot phone immediately. If using a cell phone, call Security at 224-3001. The injured employee may also seek emergency medical assistance through his or her own medical physician for the initial visit.
4.1 Follow-up treatment for any injury must be through an approved facility.
4.2 When the emergency has abated, the employee must inform the supervisor of the injury as soon as possible, and no later than 15 days after the injury has occurred.
5. Injuries Due to Employee's Own Intoxication, Willfulness or Intention
As stated in New Mexico's Workers' Compensation Act, no compensation will become due or payable in the event the employee's injury is the result of the employee's own intoxication, or if the injury is willfully suffered or intentionally inflicted by the employee.
6.1 Employees who are injured at work should seek medical attention at a Cannon Cochran Management Services, Incorporated (CCMSI) approved facility. Call Human Resources (224-4600) for the current facility options.
6.2 In cases of emergency, the injured employee may seek emergency medical assistance through his or her own medical physician for the initial visit, or any other emergency facility, and then continue follow-up treatment through a CCMSI facility.
All medical bills relating to the treatment of a work-related injury or illness should be sent directly from the physician's office to CNM's Third Party Administrator:
CCMSI
PO Box 30870
Albuquerque, NM 87190
8. Coordination with Other Leave Policies
An employee's sick, annual, or personal leave is not charged for time lost from work on the day of the injury. However, employees are expected to return to work after the injury, unless the treating physician provides a statement that the employee is not fit to return to work.
8.1 Family and Medical Leave Act (FMLA)
If an employee experiences a job-related injury or illness that meets the definition of an FMLA qualifying event, the supervisor notifies the employee that s/he is being placed on FMLA leave. The amount of unpaid FMLA leave an employee is eligible to take is reduced by the time off covered under Workers Compensation (Employee Handbook 6.06, Workers' Compensation).
8.2 Sick Leave, Annual Leave, and/or Personal Leave
An employee may choose to use available accrued sick leave, annual leave, and/or personal leave. Workers' Compensation benefits must still be paid by the workers' compensation carrier; therefore, the employee must sign the workers' compensation benefit check(s) over to CNM. CNM then reimburses the appropriate leave bank proportionately.
8.3 Leave without Pay
An employee may choose leave without pay for the time away from work. In this case the employee receives workers' compensation benefits (2/3 of the employee's average weekly wages or salary) if out of work longer than seven days.
Employees may choose either paid sick leave (or a combination of accrued leave) or workers' compensation benefits (2/3 of the employee's average weekly wages or salary) for wage compensation for time lost from work due to a work-related injury or illness.
The employee can change wage compensation options (i.e., when sick/annual leave is expended, the employee may switch to workers' compensation benefits) by submitting a written request to the appropriate Vice President.
If choosing workers' compensation, the following applies:
9.1 The employee's pay for the first seven days of absence due to a work-related injury or illness is charged to sick, annual, or personal leave or leave without pay at the employee's discretion.
9.2 After seven days, workers' compensation wage-replacement benefits go into effect, paying the employee an amount equal to two-thirds of the employee's average weekly wage at the time of the injury up to the current maximum. (Note: A maximum workers' compensation rate is established on January first of each year based on the state's average weekly wage.)
9.3 If the period of time lost from work extends past the 28th calendar day, workers' compensation benefits pay the employee the amount for the first seven days of absence.
9.3.1 In this case, the employee signs the workers' compensation benefit check for the first seven days over to CNM, and CNM reimburses the employee's sick, annual, and/or personal leave banks by the amount of Temporary Total Disability (TTD) benefits it received on behalf of the employee. If the employee elected leave without pay for this period, the employee retains the workers' compensation benefits check for the first seven days of absence.
Employees cannot use group health plans for injuries or illnesses covered under the Workers' Compensation Act, however other leaves can be coordinated with workers' compensation leave.
11. Benefits Coverage While on Workers' Compensation Leave
While an employee is on leave as the result of a work-related injury or illness, the employee's existing benefits remain intact and the College continues to pay the employer's share of insurance premiums.
11.1 An employee does not accrue sick, annual, or personal leave while on unpaid workers' compensation leave.
An employee returning to work following a leave of absence resulting from a work-related injury or illness must submit a physicians statement certifying that the employee can return to work and can perform the essential functions of the job, with or without reasonable accommodations.
12.1 If an employee fails to return within three (3) work days after the approved leave, including any approved extensions, the employee will be considered to have resigned. (Employee Handbook Section 8.19, Absence without Leave.)
As stated in New Mexico's Workers' Compensation Act (52-1-28.2 NMSA 1978), an employer cannot discharge, threaten to discharge or otherwise retaliate in the terms or conditions of employment against a worker who seeks workers' compensation benefits for the sole reason that that employee seeks workers' compensation benefits.
CNM's Workers' Compensation Third Party Administrator investigates all claims to determine coverage and reviews medical records for indications of fraud.
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Birth, adoption, or foster care, family or employee medical conditions, serious health condition. See IS-2006 FMLA for a detailed description. |
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The status of an employee who has been injured on the job and who is temporarily unable to perform the tasks associated with that job. |
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An outside agency employed to manage and maintain the processes and records of a defined system. Currently, OHMS manages and maintains CNM employees Workers' Compensation plan. |
Forms
Support Materials:
Employee Handbook 6.07, Workers' Compensation
Employee Handbook 8.19, Absence without Leave
Employee Handbook Section VIII, Leave Policies
IS-2006, Family and Medical Leave
IS-2056, Sick Leave
IS-2074, Annual Leave
IS-2094, Leave without Pay
Reference Materials:
New Mexico Workers' Compensation Act (NM Compilation Commission access instructions)