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Workers' Compensation

Video Transcript

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[SHANNON] Hello, I am Shannon Burhans and
I am an Associate for Medical Leaves Administration.

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I oversee Cornell's short-term disability
and workers compensation programs. The short-term

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disability plan provides partial income benefits for
all non-academic Cornell endowed and contract

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college employees, who are unable to work due
to an illness or injury, not related

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to or caused by their job. This program covers both
benefit eligible and non-benefit eligible

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temporary, non-academic employees.
Cornell offers our benefits eligible, non-academic

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employees 50% of their pay for up to 26 weeks of

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short-term disability. Non-benefits eligible
employees are covered under the terms of the New

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York State program, which has a salary cap.
To start the disability process for either program,

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you will need to submit an out-of-work
note from your physician stating you are unable to

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work as of a specific date to your HR rep.
There's a seven consecutive day waiting period before

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benefit payments start. You are required
to use health and personal leave to cover

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the waiting period after the seven calendar day

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waiting period. You will receive disability pay
for the time you are medically approved

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as disabled from work, up to a maximum of
26 weeks. You can use health and personal

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leave and vacation time to supplement the disability pay

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if you would like to. Please inform your HR rep
if you wish to supplement from your accruals to

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receive full pay. Once that out of work note is

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received by your HR representative they will complete
a transaction in Workday putting you

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on leave. MLA will receive notification that
your leave request has been entered into

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Workday, at that time MLA will email to your
Cornell email address

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a packet of information and forms.
There will be two forms; an Authorization for Release of

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Medical Information and a
DB-450 Notice and Proof of Disability.

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You will have 30 days from receipt
of the packet to return the forms to me.

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Once you are released to return to work you will need

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to submit a return to work note to your HR rep.

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It is important to note that Cornell has employees
across the United States, while most of our

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New York employees are covered under the terms
of the programs I just described, there are

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a handful of other states which have their own version

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of paid family or paid medical leave. If you work

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in a state other than New York and you aren't
sure whether your state provides its own

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paid family or medically benefit,
you may contact Medical

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Leaves Administration. If you are
covered under your own

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state's policy we will be happy to direct
you to the appropriate state agency which

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would receive your request for paid leave.
Now let's talk

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about workers compensation.
The eligibility for workers

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compensation is very simple. If you are paid via
Cornell payroll and you receive a W-2 from

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Cornell University you are covered under
workers' compensation. Workers' compensation exists to

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cover the cost of medical care if someone
is sick, hurt or injured due to their job.

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It also provides lost wage replacement if someone is unable

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to work due to a work related condition. If you experience  

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a work-related illness or work injury Cornell policy
requires that you notify your immediate

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supervisor within 24 hours of the accident.
To file a claim for benefits, complete a

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Cornell Accident Report Form, paying particular attention to

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the nature of the injury, lost work time and medical

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treatment administered. In order to report
the injury you will need to log into the

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EH&S website. You will then click on the red box

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that says 'Report a New Incident'.
Click 'Accept' to go to the reporting site.

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Click 'Report New Incident'. Click on the top one, 'Injury,

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Illness or Exposure' which will take you to
the Event Report. Fill and complete all information.

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If you will be seeking medical treatment please be
sure to note that when asked. Medical Leaves

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receives a copy of all work related incident reports
and we will contact you directly if

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we need more information, otherwise we will file
the work related incident report with

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the appropriate workers compensation carrier,
as they are different agencies involved depending

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on whether you are an endowed or contract college
employee. The appropriate carrier will

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then contact you directly with more information about
your workers compensation claim, and how

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to submit requests for reimbursement for any
out-of-pocket costs. If you are taken out of

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work for a work-related injury, you will need
to submit an out-of-work note from your treating

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physician to your HR rep so that they can
place you out on the appropriate leave in

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Workday. If you have any questions
about either short-term disability

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or workers' compensation, you are welcome to
contact me directly at sjb273@cornell.edu,

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and I will be happy to help you.

The Cornell Workers’ Compensation Program provides payments for medical treatment and wages lost as a result of a work-related illness or injury. If you receive a Cornell paycheck, you are covered by Workers’ Compensation (volunteers are not covered).

File a Claim

If you experience a work-related illness or work injury, Cornell policy requires that you notify your immediate supervisor within 24 hours of the accident. To file a claim for benefits, complete a Cornell Accident Report Form, paying particular attention to the nature of the injury, lost work time, and medical treatment administered.

What is Covered

If you are a regular full- or part-time benefits-eligible employee and a physician disables you from working, you will continue to receive your regular salary during the first 13 weeks of disability.  However, state law requires a 7 calendar day waiting period before workers’ compensation kicks in.

During this waiting period, your accumulated sick leave can be used. If you have no accumulated sick leave, you may use vacation to assure continuation of full salary during this time. If your disability exceeds 14 calendar days, the sick leave or vacation time used during the first week will be returned to you.

A benefit-eligible staff member’s position, or an equivalent, is held for a combined total of 26 weeks of any medical leave (182 days) during any 12-month period. If you return to full duty within this 26 week period, you are entitled to your job upon returning to work. Once this 26 week period has elapsed, your department is no longer required to hold your position, and it may be filled at the department’s discretion.

Workers’ Compensation has no limit on how long you receive a benefit. Therefore, you may receive Workers’ Compensation for the first six months ofl eave, and then, if approved, LTD will begin. If you continue to receive Workers’ Compensation after LTD begins, the monthly benefit you receive from the LTD plan is reduced by the amount you are receiving in Workers’ Compensation benefits.

Returning to Work

Once your disability has ended, you must be medically certified to return to your job. This will require you to present a medical note from your physician to your supervisor that you are able to resume your job. This note must be presented either before your return or on the day you return. Cornell may seek independent medical verification of your ability to return to work.

Selecting a Workers' Comp. Health Care Provider

For the treatment of your work-related injury or illness, you may choose any physician, podiatrist, chiropractor, or psychologist (upon referral from an authorized physician) who is Workers' Compensation Board authorized and who is accepting workers' compensation patients.

While you may choose to utilize a network or provider which is recommended by your employer or its workers' compensation insurance carrier or to permit your employer to select a provider on your behalf, you may, at any time, change your health care provider without jeopardizing your workers' compensation claim for benefits.

To signify your understanding of this right, please fill out the form linked below and return it as directed on the form.