Workers Compensation Summary
Workers' Compensation
Please contact the FMLA Mailbox with questions.
Workers Compensation
Workers’ Compensation is insurance that provides employees injured on the job with partial wage reimbursement and payments for medical care related to the injury.
Future Comp/USI administers the claims and other aspects of the Workers Compensation program. In addition, RIT is a participant in the New York State Workers' Compensation Preferred Provider Organization which provides the medical management for its program through its Preferred Provider Organization (PPO).
All eligible employees (including student employees) are automatically covered by RIT's Workers' Compensation plan. Benefits are provided to employees who are injured while performing the duties of their employment with RIT.
Immediately following an accident or injury, the employee needs to report the incident to their supervisor and must be reported by the end of the work shift on the day of the accident at the latest.
The employee and their supervisor should complete RIT's Workers’ Compensation Accident/Injury/Illness Report Form and submit it directly to fmla@rit.edu. This information is necessary to properly administer benefits under the program.
Failure to report a work-related accident or injury or misrepresentation of information in reporting a work-related accident or injury through communication to the employee’s manager and/or on the RIT Workers’ Compensation Accident/Injury/Illness Report Form, is a violation of RIT policy which may result in discipline up to and including termination of employment. In addition, failure to report an injury or illness may result in denial of workers compensation benefits.
Go to a WorkReady location - run by Rochester Regional Health to be seen by a participating provider. It is important that all non-emergency medical care be handled through the Preferred Provider Organization (PPO) for the first 30 days of treatment. Employees have the right to opt-out of the PPO after 30 days of treatment; an employee who chooses to opt-out will not receive RIT’s supplemental workers’ compensation benefits.
If an employee's injury requires medical treatment but not immediately, contact the Nurse Case Manager at Future Comp/USI at 716-314-2077/V.
If an employee needs immediate medical care and cannot/should not drive, contact Public Safety for assistance in getting transportation to a WorkReady location.
Contact Public Safety at 475-3333 or 911 for immediate help, including requesting an ambulance for transport and care. There is no requirement to use a specific or participating facility for emergency care.
Because you have experienced an injury or illness as a result of your work, you will begin to receive information directly from the New York State Worker’s Compensation Board. The Worker’s Compensation Board needs your participation throughout the life of your claim to properly provide you with any compensation or medical bill coverage. You should make sure to read everything carefully and respond as necessary in a timely manner.
You must complete a C-3 form, which can be found on the NYS File a Workers’ Compensation Claim page. You can submit your form electronically or download and mail to the address provided.
You have the right to receive worker’s compensation settlement awards or death benefits in the form of direct deposit or paper check in the mail. If you would like to take advantage of the direct deposit option, please review and complete the Future Comp Direct Deposit Authorization Form.
Additional Information
If your medical provider determines that you can work with restrictions, you should present the medical note with restrictions to your supervisor and fmla@rit.edu. Proper medical documentation needs to be provided by a physician contracted through the worker’s compensation PPO indicating the specific details of the necessary restrictions. We will work with your manager to review the restrictions provided by your physician, and determine if we are able to accommodate your restricted duty. It is very important to RIT that you are able to perform your work responsibilities safely to insure your continued recovery. Worker’s compensation restrictions will be in place until your next scheduled follow up appointment to a maximum of 90 days between visits.
If your accommodation is longer than 90 days in duration, you will need to submit a Medical/Disability Accommodation request along with supporting medical documentation for review.
If it is determined that your work cannot be safely performed within the restrictions provided by your physician, RIT will accommodate you by placing you on a worker’s compensation absence, known as lost time.
New York State Workers’ Compensation benefits provide income replacement payments for medically authorized lost time for work-related injuries and illnesses. Following a one week waiting period, state benefits provide a maximum of two-thirds of the employee’s base wages to a weekly maximum defined by New York State. Below outlines the required time off recording for the waiting period.
Lost Time Pay Schedule
The first week out is the waiting period:
- Employees use available sick time (recorded in Kronos or Oracle) to be paid during the waiting period. If you do not have sick time, you will not be paid during the waiting period
- If your leave extends beyond 14 calendar days, the Workers’ Compensation statutory benefits will begin retroactive to your first day out. If this occurs, you will be credited back with the portion of the sick leave used to cover the statutory benefit part of your pay.
Beginning the second week out:
- RIT supplements the NYS statutory Workers' Compensation pay for up to 8 weeks for active, regular RIT employees who are classified as totally disabled or placed on partial work duty by a Future Comp PPO physician. Supplemental pay is for a maximum of 8 weeks for the lifetime of any workers’ compensation claim and are contingent upon your participation in RIT’s Workers’ Compensation PPO. In the event you choose to opt-out of the program, supplemental benefits will cease effective the date you opt-out. Statutory Workers’ Compensation pay is non-taxable, however the RIT supplemental portion is taxable.
If the lost time continues beyond the 8-week period:
- The supplemental pay will be reduced based on the degree of disability set by your treating provider and the Workers Compensation Board.
- For employees who have grandfathered sick bank time available (employed prior to 2005), you can combine Workers’ Compensation pay with the grandfathered sick bank time to maintain your regular pay. For each day that is supplemented, the employee will be charged one day from their grandfathered sick bank.
If you are on a continuous leave during an RIT holiday, you will not receive RIT holiday pay, the holiday time would be covered by your Worker’s Compensation (statutory/supplemental) pay.
If you lose time from work, your first day out of work will begin your Family Medical Leave (FMLA), if eligible, as outlined by the federal Family Medical Leave Act. FMLA and Workers Compensation run concurrently.
You will need to apply for Family Medical Leave benefits through Prudential, which administers disability and family leave management services for RIT employees. To begin, call Prudential’s toll-free phone number 877-908-4778 or 844-778-4255/TTY to report your absence. If your absence is planned in advance, you should contact Prudential 30 days before your absence begins or within 2 days of learning of the need for leave.
Information You Will be Asked to Provide When You Call Prudential
- Employer Name
- RIT Control Number – 50757
- Oracle Employee ID
- Reason for your Absence
- First day absent
- Work Schedule
- Date of expected return to work if known, or the actual date of return, if you have already returned to work
- If your absence is related to illness or injury, name, fax, and telephone number of the treating physician
An employee's benefits coverage (e.g., medical, dental) will continue during periods of workers compensation leave provided they pay the required employee contributions. The usual payroll contributions for benefits will be taken from your workers compensation pay to the extent there is sufficient amount to cover them. Otherwise, RIT will either deduct the missed deductions when employee returns to work or have our third party billing administrator bill for the amount due.
During periods of Workers Compensation leave, employees will continue to accrue vacation time. When a leave crosses over into a new fiscal year, the employee may not use the new year’s vacation accrual until they physically return to work. Employees on workers compensation will not receive holiday pay during periods of leave.