updated April 10, 2007
A number of unit members have raised questions about their rights when they are injured at work.
What follows is a list of actions you must take as soon as possible. These actions are required both by the Sick Leave Injury provisions of the Master Agreement (Article XXVI) and New Jersey Workers’ Compensation.Your goal is to do those things needed to substantiate a claim for either Workers’ Compensation or Sick Leave Injury (SLI) so that your claim is well supported and is not subject to challenge merely because you did not follow reporting rules.
Workers’ Compensation (WC): A state program that provides for paid medical treatment and temporary disability payments and other compensation depending on the injury. For details see www.state.nj.us/labor/wc/wcindex.html. Benefits are 70% of the state average weekly wage.Sick Leave Injury (SLI): Another State program referenced in the Master Agreement, Article XXVI A. Its main benefit to you if you receive it is that you are placed on paid leave and are thus not charged sick leave for a year while on it.
What to do when you are injured:
1. Report the incident to your supervisor: if your immediate supervisor is not available at the time of your accident, report to HR or your Dean. Faculty: your supervisor for these purposes is not your Chair because he/she is a unit member. You should report the incident to your Dean or HR. Reporting is a MUST. Do not accept a refusal to let you file a report. Examples: You trip and fall climbing the stairs. You are asked to move heavy boxes and strain your back. Try to report the same day of the incident; reporting an injury the next day or during the next week may result in the University claiming that you injured yourself off campus. This is true even though the SLI provisions of the Agreement allow 5 days to report.
2. If you are so severely injured that you cannot contact your supervisor or HR, ask another employee assist you. If no one is available, try to call the Campus Police.
3. If you think you need medical assistance, ask for it at the time you are hurt.
4. Ask to fill out an accident/injury report. If there are witnesses, note that so their statements can be included in the report. Get copies of any medical reports.
General
provisions in law or the Agreement governing claims for compensation:
1. The disability must result from
employment.
2. Pre-existing illnesses etc. are not compensable. The Agreement does not recognize
claims involving aggravation; however, the law may.
3. Psychological illness must be traceable to work and supported by medical
documentation.
4. An employee’s “gross” negligence or drug or alcohol abuse
may result in the denial of a claim.
Time and location of injury may affect a claim
for compensation.
According to the Agreement:
1. The injury must occur on the work premises—buildings, grounds and parking facilities.
2. The employee must be engaged in “authorized” work activity or travel between “work stations.”
3. The injury must occur during “normal work hours,” or “approved work time.”
4. If you are “volunteering” for an activity on campus, make sure that is approved by a Dean or supervisor. You can find a form for getting approval on the Local 1904 website.
5. Travel to and from home to the campus or a workstation is not covered
6. An injury that occurs during lunch or break is not compensable unless one is required to remain at a particular post.
The law on # 6 may be different. It is arguable that injuries during lunch or a break taken on campus are covered by Workers’ Compensation.
Bottom Line:
Employees should always report injuries and conditions as outlined above. They
should also ask for Union assistance in getting their claims for SLI processed
or obtaining an attorney specializing in WC.
Approval Form for Eligibility for Sick Leave Injury (SLI) for Volunteer Work