Workers' Compensation Procedures

COVERAGE

All employees (including student employees) are protected under the provisions of the
Workers' Compensation Law of the State of New Mexico. On-the-job accidents and
occupational diseases incurred while working for the university are eligible for
coverage. An employee is covered while traveling on official university business. The
benefits payable include all medical, surgical, and drug expenses and weekly
compensation after the first 7 days of disability. If the period of disability lasts for more
than 4 weeks from the date of the accidental injury, compensation benefits will be
allowed from the initial date of disability.

REPORTING ACCIDENTS

All on-the-job accidents or injuries must be reported immediately to the injured
employee's supervisor by completing and submitting the Notice of Accident form
whether or not medical care is needed. An Employer's First Report
of Accident Form and a Supervisor's Accident Investigation Report
Form will be completed by the supervisor for injuries whether or not medical is needed.
All three forms are to be sent to the Personnel Office within 24 hours.

WORKERS' COMPENSATION PAYMENTS AND PERSONNEL PROCEDURES

When an employee is injured, the employee is placed on sick leave or leave without
pay if the injury is severe enough to cause a loss of work time. Sick leave is not
charged for visits to Employee Health Services (EHS) or the day of injury. Leave will
be charged for all off-campus doctor visits and/or physical therapy. New Mexico Risk
Management will send all Worker's Compensation checks to Personnel for
disbursement. The employee will retain the compensation check which is 66 2/3
percent of the weekly wage at time of injury. The NMSU paycheck will be reduced by
the amount of the Workers' Compensation check. Leave continues to accrue at the
normal rate as long as the employee is out on leave and receiving a paycheck.

The department will reconcile all leave records with the Personnel Office. This office
will compute leave reduction based on compensation paid. At this time, a decision will
be made whether to fill the position on a regular basis.

The university will carry the employee on sick leave or leave without pay during the
period the employee is receiving payment from the Workers' Compensation carrier up
to the maximum of 1 year. The employee may choose to use any accumulated annual
leave, but is not required to do so. Within the first year, if the employee reaches
maximum medical improvement as designated by the Worker's Compensation carrier
and is not reemployed, the university will carry the employee on leave without pay for a
maximum of 3 months from the date of settlement. The employee may retain
insurances by paying the total premiums in accordance with Section 8:14. After one
year, or 3 months in the event of reaching maximum medical improvement, the
employee will:

1.If physically able, must have been selected for a position for which the employee
is qualified and able to perform essential job functions (the department is not
required to hold the original position open).
2.Be retired if qualified under the rules of the Educational Retirement Board.
3.Be terminated in accordance with Section 5 of this manual if not qualified under
parts 1 & 2 above.

ON CAMPUS ACCIDENTS

Accidents which occur on campus but are not job related should be reported to the
Safety Officer by telephone and confirmed by memorandum to the Purchasing Office.
The university carries liability insurance to cover such accidents.

UNIVERSITY SAFETY OFFICER

Copies of all Employer's First Report of Accident forms and Supervisor's Accident
Investigation Report forms are sent to the university Safety Officer by Personnel. The
Safety Officer monitors all accidents and may conduct an investigation. Safety
lectures, films, and posters may be requested from the safety officer.

DOCUMENTATION OF INJURY

Employees are required to submit medical documentation that they are physically
unable to perform the job duties if the injury prevents the employee from working to the
Personnel Office. The documentation will include all days the employee is not at work.
The employee must submit a medical release when able to return to work.

MEDICAL CARE FOR WORK-RELATED INJURIES

All employees in the Las Cruces area needing nonemergency care during normal
working hours will utilize EHS. The EHS physician may refer to other medical providers
if appropriate. Medical providers may not refer employees to other providers without
prior approval of EHS.

Emergencies and work-related injuries occurring after hours or on weekends will be
treated by the nearest emergency room. On the next working day, call EHS at
646-6600 for instructions. (Note: Critical emergencies should be sent immediately to
the nearest emergency room, then contact EHS.) All follow up care must be approved
by EHS.

Employees working in New Mexico but outside of the Las Cruces area must obtain
approval from the State of New Mexico Risk Management Division, before receiving
medical care for work-related injuries. Emergencies and injuries occurring after hours
or on weekends will be treated by the nearest emergency room with follow up the next
working day with Risk Management.

Medical services should be obtained according to the above procedures in order to be
covered by Workers' Compensation.

All employees, including student employees, are subject to these procedures.
Supervisors are responsible for directing their subordinates to the appropriate medical
provider. It is recommended that supervisors accompany the employee to the medical
provider whenever possible. These procedures should be posted, per State law. (see
Appendices V and W) Notices are available from the Personnel Office.

RE-EMPLOYMENT OF EMPLOYEE RELEASED FROM WORKERS' COMPENSATION

Employees returning to work from a Workers' Compensation related accident will:

1.Submit a medical statement to the Personnel Office from the attending physician
that they are physically able to return to perform the essential job functions of the
position.
2.If physically unable to return to performance of marginal job duties, employee will
submit a medical statement to that effect from the attending physician for review
by the supervisor, Personnel Office and EEO/ADA Director. Modified Return To
Work forms may also be utilized and can be obtained from the Personnel Office.
3.Present themselves for work within 1 working day after release from the work
related injury.

WORKERS' COMPENSATION COVERAGE FOR PREVIOUSLY INJURED
EMPLOYEES

1.Employees who return to employment from a Workers' Compensation injury which
left a permanent disability or medical condition may continue to have medical costs
covered and continue to be covered under Workers' Compensation, depending on
the decision of the Workers' Compensation carrier.
2.The Personnel Office will accomplish the administrative action with the New
Mexico Risk Management Division in Santa Fe to ensure this injury is recorded on
a Certificate of Pre-Existing Physical Impairment.

OPEN POSITIONS

While an employee is on extended Workers' Compensation benefits, the hiring
department may wish to discuss the position and handling its duties with the Personnel Director.

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